Terms of Use

Last update: 2020-06-28

Please read the following terms of use ("Agreement", "Terms of Use" or "Terms of Service") before you install any of our applications or use any of the products or services we provide through our applications, software or websites (all of which are referred to collectively herein as "Our Services and Apps").

Our Services and Apps are owned, licensed and operated by InerziaSoft di Massimo Moiso ("us", "we", or "our"), which develops applications, websites and services for use on a variety of devices and platforms, including without limitation, macOS, iOS, iPadOS, watchOS, tvOS, Android, Windows and other mobile devices and computers. The Terms of Use constitute a binding legal agreement, which govern your use of our Services and Apps via any platform or device. By installing one of our applications, visiting our main website ("inerziasoft.eu"), using our web applications or installing or using any of our other Services and Apps, you are accepting these Terms of Use. If you do not agree to these terms, please do not engage in any activity with our Services and Apps, including but not limited to: visiting our website, installing our applications or accessing our services through any of the supported or unsupported platforms.

Our Services and Apps

We build a number of applications and services that we offer to you through various platforms. Our Services and Apps, supporting files and accompanying documentation is provided solely for your personal, noncommercial use. Anything you do, save, edit or use in our Services and Apps is your responsibility: please note that the content you can store in our Services and Apps may be protected by copyright and other laws. Please refer to the source of such content for copyright notices, information and restrictions that may be applicable to such content.

Eligibility

You may use our Services and Apps only if you are 13 years or older and are not barred from using our Services and Apps under applicable law. To make purchases, as defined below, you must be 18 years or older and capable of forming a binding contract.

Personal Account

When using our Services and Apps in connection with a personal account that you have created, we reserve the right, at any time, in our sole discretion, with or without notice, to terminate your account, and block access to our Services and Apps if we have knowledge of you infringing any copyrights or intellectual property rights. When using our Services and Apps on a local storage and without a personal account, you are responsible of verifying the content that you store and liable of any copyrights or intellectual property rights infringement.

We respect the intellectual property of others, and we ask you to do the same. Some of our Services and Apps allow you store content so that you can access, organize and manage it later: you are responsible of verifying that your right to access such content has not changed over time and only you are liable if you do not comply with copyright and other intellectual properties rights.

Privacy Policy

Please refer to our Privacy Policy to learn more on how we store your data when using a personal account in our Services and Apps.

Services and Apps with a Subscription

For some of our Services and Apps, we offer a paid subscription service ("Subscriptions") which, among other things, provides paid subscribers with features that are not available for other users.

Any subscription linked to one of our Services and Apps is limited to that particular service, application or website. We may offer single and multi-platform subscriptions and we will inform you clearly of the limitations of the subscription you are going to purchase. We may offer a free trial that, once ended will result in your account being charged of the subscription fee, unless you decide to cancel at least 24-hours before the expiration.

Please see below for further details on the Subscriptions that we offer for each of our Services and Apps:

For all of our Services and Apps that offers Subscriptions, we reserve the right to charge in the future for use of functionalities and services that are currently available for free. Unless you explicitly purchase a subscription plan, we will never charge you for using any of the functionalities in our Services and Apps that are available free of charge.

Cancellation Policy

At any moment, you may cancel your subscription. If you do, your account will be downgraded to the free service once the subscription period ends. To learn how to cancel your subscription, or turn off auto-renew, refer to each specific product instructions from the list above.

Refunds

We do not issue refunds for subscriptions. If you are no longer interested in one of our Services and Apps, you can cancel your subscription and we will stop charging you and downgrade your account in accordance with the "Cancellation Policy" section of this Agreement.

Paid Services and Apps

For some of our Services and Apps, we offer a paid version ("Full Version", "Pro Version") which, among other things, provides additional functionalities and removes the limitations (if any) imposed to the free version ("Standard Version", "Lite Version").

When purchasing the Pro Version, you are immediately granted access to it. Each of our Services and Apps may have different policies on upgrade availability and prices.

Please see below for further details on the Paid Services and Apps that we offer:

Family Sharing

When buying our Paid Services and Apps through a 3rd-party Store that supports sharing your purchases with other members of your family or household, this Agreement applies to them as well. We do encourage you to share our Services and Apps with other people, in the terms allowed by the store hosting our Services and Apps, but it is your responsibility to make sure that they have read and accepted this Agreement.

Refunds

When purchasing through a 3rd-party store, you may be able to get a refund on the purchase of one or more of our Services and Apps. We do not issue refunds directly, but you can contact us to get support on how to get a refund for your particular case.

Ownership

Our Services and Apps, including, but not limited to, our websites, our applications and all other software, text, images, graphics, files and any other content are owned and copyrighted by InerziaSoft di Massimo Moiso and its licensors, and are protected worldwide. We retain all right, title and interests in and to all of our Services and Apps and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work of our Services and Apps, and any Update or Upgrade, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. When referring to "Update or Upgrade" in this agreement, we include any modification, error correction, bug fix, new release, upgrade, patch or other update to or for any of our Services and Apps. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of an and rights with respect to any of our Services and Apps, or any derivative work, Update or Upgrade. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.

License

Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to:

No other right or license of any kind is granted to you with respect to our Services and Apps. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you are planning to start using our Services and Apps for commercial use, you must enter into a separate written agreement with us in advance.

The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, you will destroy or permanently erase all copies of our Services and Apps.

Your access to and use of our Services and Apps is subject to this Agreement and all applicable laws and regulations. You cannot:

At any time, we reserve the right to refuse service, terminate personal accounts (where applicable), limit or deny all together access to our Services and Apps.

Additional Terms for Apps in third party Stores

In addition to the previous terms, if you downloaded one of our Apps from a third party store ("App Provider"), such as the Apple Store, Google Play, Microsoft Store or any other platform and non-platform store that we may use to distribute our Apps, then you agree to the following additional terms:

Additional Terms for App Store Apps

In addition to the previous terms, if you downloaded one of our Apps from the Apple Store ("Apple App Store", "App Store", "Mac App Store"), then you agree to the following additional terms:

Privacy Policy

By using our Services and Apps, you agree to read and accept our Privacy Policy. Our Privacy Policy is not a legal agreement and creates no contractual obligations, but it contains information that we believe you should review and understand before using any of our Services and Apps. We will apply our Privacy Policy in any of our Services and Apps, whether you decide to read it or not.

Disclaimers

We make reasonable efforts to ensure the integrity of any of our Services and Apps, but we are not responsible for mistakes, old information, inaccuracies, and other errors. We reserve the right to change, suspend, remove, or disable access to any of our Services and Apps at any time without notice without being hold accountable for these changes.

When using an account with our Services and Apps, we provide access to the content as an accommodation only, and such content may be deleted at any time for any reason. We do not warrant, and will not have any liability or responsibility for, your use of our Services and Apps. We may also add, remove or change the limitations of use or access to certain portions of our Services and Apps, for any reason and without notice or liability.

When building our Services and Apps, we choose reliable partners to provide the service. Regardless, any of our Services and Apps may become unavailable from time to time due to technical, telecommunication, software or any other kind of failures. We cannot predict or control when this may occur and we are not able to control the duration.

OUR SERVICES AND APPS (INCLUDING, WITHOUT LIMITATION, OUR APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND WEBSITES) ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF OUR SERVICES AND APPS. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF OUR SERVICES AND APPS, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF OUR SERVICES AND APPS AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF SERVICES AND APPS WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT OUR SERVICES AND APPS WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF OUR SERVICES AND APPS WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

YOUR USE OF OUR SERVICES AND APPS IS AT YOUR OWN RISK. NEITHER INERZIASOFT DI MASSIMO MOISO NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY OF OUR SERVICES AND APPS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

You agree, at your own expense, to indemnify, defend and hold harmless InerziaSoft di Massimo Moiso, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of our Services and Apps, or any of your other acts or omissions.

Termination

This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to any of our Services and Apps, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.

Assignment

This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.

Relationship

Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.

Applicability

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of InerziaSoft di Massimo Moiso and you.

Access

Some of our Services and Apps may be limited to specific countries and may not be available in specific parts of the world, even to accounts that have been created in a territory where our Services and Apps are available.

We control and operate all of our Services and Apps from Italy. All servers that support our Services and Apps are located in various location around Europe. We make no representations or warranties that our Services and Apps are appropriate for use or access in other locations. If you access and use our Services and Apps outside of the European Union, you do so on on your own initiative and you are responsible for complying with your country's local laws and regulations, if and to the extent such laws are applicable.

Changes To This Agreement

We may, at any time, revise this Agreement. If we modify the Terms of Use, we will post the modification on our website. Before using any of our Services and Apps, you should review the Terms of Use to determine the current Agreement to which you are bound. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily see whether it has been updated since the last time you viewed this Agreement. Your continued use of the our Services and Apps constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using all of our Services and Apps. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Use will apply to any dispute between you and InerziaSoft di Massimo Moiso that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Copyright

Copyright © 2008-2020 InerziaSoft. All Rights Reserved.

Contact Us

If you have any questions about this Agreement, please contact us: