In Summary
The data belongs to the client. We allow no one else to access it.
We have the utmost commitment to not lose even one file, but do not give any guarantee or indemnification.
Terms and Conditions
1. Caution
The current contract describes the terms and conditions with which Memopal S.r.l. (henceforth for brevity "Memopal") offers its services to the Customer. By purchasing and using the Memopal service (software-as-a-service), the Customer agrees to respect the following terms and conditions.
2. Memopal Service
Under the terms and conditions of this contract Memopal offers a service to the Customer.
3. Definition of Terms
We refer to Memopal by these terms: "Memopal" , "We" , "Our" , "Company" . We refer to the Customer by these terms: "Customer" , "Subscriber" , "User" .
4. Customer Eligibility
Our service is available to individuals, and/or validly constructed legal entities, who can sign legally binding contracts.
5. Property and Copyright
The Customer acknowledges that all materials (except those which are loaded by Users) provided by Memopal on its website, including but not limited to and non-exhaustively, information, documents, products, logos, graphics, sounds, graphic interfaces, software and services, belong to Memopal and may not be reproduced without Memopal's consent.
6. Customer Information
The Customer declares and guarantees that the information entered into the documents, contracts and modules provided by Memopal, is factual, accurate, current and complete. If the information entered does not comply with any one of these criteria, Memopal has the right to suspend and/or terminate the customer account and this contract.
7. Customer Data
The Customer is solely responsible for data stored on the Memopal server. The Customer can monitor data through the "Control Panel" of the Memopal service. The Customer has full responsibility for the storage of personal data and sole responsibility for any loss and irrecoverability of the data. The Customer, moreover, agrees to store data in full compliance with legal obligations. Memopal will delete Customer data at the end of the contract.
Memopal can store Customer data on its server without obligation or responsibility to the Customer.
If a representative of the Customer, in possession of a letter signed and certified by the contract subscriber, requests access to the Customer data, the Company will provide it. The letter must contain or be accompanied by certification of authenticity, authority and responsibility as required by Memopal at its discretion. The Customer agrees that Memopal relies on this letter and the apparent authority to request access to the service or to the Customer account. In no case is Memopal responsible to the Customer or to a third party for having accepted such a letter or apparent authority.
8. Customer Account
Authorized User.
The Customer can designate alternate persons to act as their representatives to use the services, provided that the authorized person has the legal capacity to sign contracts. The Customer furthermore declares and guarantees that persons who register an account in the Customer's name are legally authorized representatives of the Customer.
Responsibility for Access.
The Customer is solely responsible for the access and use of the Memopal service on the part of a User authorized on the Customer's account, as long as such access or use is not a consequence of negligence on the part of the Company. It is the responsibility of the Customer to arrange access for authorized Users.
Responsibility for User ID and Password.
The Customer is solely responsible for the identification data (User ID and Password) required to use our services and is responsible for activities arising from its use.
Notification of Unauthorized Use.
The Customer, on becoming aware of any abuse of their account and the Memopal services that they are subscribed to, must notify Memopal immediately.
9. Acceptable Use, Customer Conduct and Memopal Policy
The Customer commits themself to not use the Memopal services to violate Memopal policy regarding privacy and security.
Obscene and/or Illegal Content.
The Customer commits themself to not use the Memopal services to distribute defamatory content, or harmful to human dignity in matters of freedom of religion, racism, terrorism and/or that which represents torture, violence or death.
To not distribute content that may be harmful to the welfare of minors.
To not distribute content that represents violation of patents, registered trade marks, copyright and commercial secrets.
To not distribute illegal and/or obscene materials or those which promote illegal activity or instigate hate, including but not limited to and non-exhaustively: Arms trade and gambling.
Upon discovery of such abuse Memopal will suspend your service and collaborate with court authorities and law enforcement.
Negligent Conduct.
The Customer commits themself to not permit or commit negligent actions that can result in a civil legal action.
Access Interference.
Violation of or intent to violate the Memopal system and/or intent to interrupt services will be subject to legal prosecution.
10. Guarantee
The Customer expressly understands and agrees that:
a. Use of the services on the part of the User is solely at their own risk. The Memopal services are provided "as-is". Memopal and its providers do not acknowledge any guarantee regarding the accuracy, reliability, completeness, or timeliness of their services, software or content.
b. Memopal does not provide any guarantee that:
i. The Service responds to the needs of the Customer;
ii. The Service will not be interrupted and be timely, secure or error-free;
iii. The results coming from the server are accurate and reliable;
iv. The quality of service meets the expectations of the Customer;
v. Potential software errors will be corrected.
c. No advisement or information whether oral or written, obtained from our Company, constitutes guarantee.
11. Limitations of Responsibility and Indemnification
The use of Memopal is at the sole risk of the Customer. In the event that the client is not satisfied with any aspect of the Service or of the Terms and Conditions presented, or with any other rule or policy, the only remedy is to stop using the service. The Client is expressly understands and agrees that Memopal will not be held responsible in any manner for direct or indirect damage, incidental, unique or indicative of potential damage. The Customer agrees to indemnify, defend and hold harmless Memopal, its affiliates, officers, employees, partners, directors and agents from any claim.
12. Amendments to the Contract and Terms of Service
Memopal reserves the right to modify, at any time and without notice, the terms and conditions of the contract and of the service. In addition the Company reserves the right to cease, modify, suspend, or terminate the service completely or in part without notification.
The Customer acknowledges the possibility of the Company establishing general use lines that could limit any of the service components. Moreover, the Customer acknowledges the possibility of Memopal charging subscription fees at any time without notice. Such modifications will take effect upon expiration of the existing Customer subscription.
13. Resolution
Memopal can immediately issue a warning, suspend the service, temporarily or permanently, close the Customer account and refuse to provide service to the Customer if:
a. Memopal believes that the Customer has violated or acted in a manner inconsistent with the current contract or with one of the policies that involve signing;
b. The Customer has not paid the fees or other amounts due to the Company;
c. Memopal is unable to verify or authenticate any information provided by the Customer to the Company;
d. Memopal believes that the actions of the Customer might cause legal repercussions for the Customer, for other Customers, or for Memopal.
The Customer agrees that Memopal will not be held responsible to the Customer or to a third party for any cancellation of access to the service.
On the termination of this contract on the part of Memopal or of the Customer, all rights of the Customer, accorded by the subscription, including the services provided by Memopal, cease with immediate effect.
The sections concerning Customer Data, Guarantee, Limitations of Responsibility and Indemnification and the current section, Resolution, survive the termination of this contract.