[1.1] These terms of service govern the use of the web, desktop and mobile services (collectively "EDO") developed by EDO.IO Srl (the "Company" or "We" or "Us") and are binding agreements (the "Agreement") between Us and You ("You" or the "User"). By using EDO, you fully and unconditionally accept the Agreement and, clause by clause, the individual agreements contained therein, as well as any future amendments and additions, which we will publish from time to time. If you do not agree with this Agreement or any part of this Agreement you must refrain from using EDO. If you are accepting this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entities and their members to this Agreement. In such case, the terms "You" or the "User" also refer to such entities and their members, as the case may be. If you do not have such authority, you must not use EDO.
[1.2] You must be at least 18 years of age to use EDO. By using EDO – and by accepting the Agreement – you represent and warrant that you are at least 18 years of age. If you are under the age of 18 (eighteen), or you lack legal capacity, this Agreement is addressed to the person in charge of such undertaking under current Italian law, who must be required to accept this Agreement.
[2.1] Edo Team is a real-time communication and messaging platform that facilitates the storage, synchronisation and organisation of communications between different teams and the sharing, search and synchronisation of documents stored on Google Drive.
[2.2] Moleskine Journey (former Edo Agenda) is a cloud service that combines calendar, note-taking and task management functions.
[2.3] Moleskine Balance is an app that makes you aware of how you use your time, allowing you to visually plan your days and find out where you invest your hours through intuitive charts.
[2.3.1] Moleskine Balance does not process User's personal data. The requested information is saved on your device and not transmitted to our servers. We use the following services to obtain non-identifying aggregate statistical information, improve the quality of the service by sending Crash Reports and managing subscriptions:
- Firebase Analytics https://firebase.google.com/policies/analytics/
- Firebase Crashlytics https://firebase.google.com/terms/crashlytics-app-distribution-data-processing-terms
- RevenueCat https://www.revenuecat.com/privacy
[3.1] You may not submit Content (defined below) that is violent, represents nudity or partial nudity, is discriminatory, illegal, or may violate this Agreement or the Privacy Policies, is pornographic or sexually suggestive.
[3.2] You are responsible for any activity that occurs through your account ("Account") and you agree not to sell, transfer, license or assign any rights to your Account. You also agree to keep your login credentials secret and secure. Unless you are an individual, company or other legal entity expressly authorised to create accounts on behalf of third parties (e.g. customers), the creation of Accounts for parties other than yourself is prohibited (and you accept this obligation). You must not create EDO Accounts through unauthorised means, including (but not limited to) using automated processes, scripts, bots, spiders, crawlers or scrapers. You also declare that all information you provide, have provided or will provide, upon registration and in any other case, will be true, accurate, current and complete and you agree to update the information, if necessary, in order to keep it true and accurate.
[3.3] You agree not to solicit collection, collect or use login credentials of other EDO users.
[3.4] You shall not defame, slander, mock, bully, abuse, harass, threaten, impersonate or intimidate any person or entity; you shall not send any private or confidential information through EDO, including your credit card or any other person's card information, your or any other person's identification document information, your or any other person's social security number information, non-public telephone numbers or non-public e-mail addresses, or any personal information in general.
[3.5] You agree to comply with all laws, rules and regulations (applicable to the use of EDO) and your Content (defined below).
[3.6] You are the sole and exclusive party responsible for your conduct and all data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and any other content (collectively, the "Content") that you submit, post, share, synchronise or display on or through EDO.
[3.7] We do not request or claim any ownership rights to any Content that you submit, post, share, synchronise or display on or through EDO. However, in order to be able to provide you with EDO, you must grant us certain rights. For example, we may need to be able to legitimately transmit, store, copy and index Content in order to allow You and other users to search for Content efficiently. In light of this, you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free licence to use the Content you submit, post, share, synchronise or display on or through EDO, all within the limits of our Privacy Policies. By accepting this Agreement, you are allowing us to use third-party services for the operation and management of EDO, and thereby you extend the rights granted to us to these third parties to the extent necessary for the operation of EDO.
[3.8] You must not change, modify, adapt or alter EDO or change, modify or alter another website in such a way as to falsely appear as an association of EDO.
[3.9] You must not create or send unsolicited e-mails, comments or other forms of harassing commercial communication ("spam") to EDO users.
[3.10] You may not use domain names or web URLs in your username without our prior written consent.
[3.11] You must not seek to restrict the use of EDO by other users and must not encourage or facilitate violations of this Agreement or other legal documents of EDO.
[3.12] Violation of this Agreement may, at our discretion, result in termination of your EDO account. You acknowledge and agree that We are not and will never be responsible for Content you submit, post, share, synchronise or display on EDO. You agree to use the Service at your own risk. In the event of a breach of the letter or spirit of this Agreement, which may pose a risk to Us or result in possible legal action, We will terminate the provision of EDO to You.
[4.1] We reserve the right, at any time and for any reason, to suspend, discontinue or terminate your provision of and access to EDO or any part thereof, temporarily or permanently.
[4.2] You, as the User, agree that:
(a) Unless otherwise stated, we and our licensors own all intellectual property and copyright on EDO.
(b) We will not be liable to you or to any third party for any changes or modifications occasionally made to EDO, or in the event We decide to suspend, discontinue or terminate EDO or any part or parts thereof, or your or any other user's ability to use or access EDO from or within any geographic area.
(c) We may change the features of any Account type, we may revoke or introduce new features, services or Account types, at any time and for any reason, and we may, from time to time, change any prices charged in connection with the Accounts. In the event of an increase in the price of an Account to which you have already subscribed, such changes will be notified to you and will only take effect with respect to you upon any renewal of your subscription.
[5.1] The Content, whatever it may be, that you transmit, send, share, synchronise, display, load, archive, exchange, and make available through EDO is generated exclusively by you and is your exclusive property. You expressly acknowledge and accept, therefore, that You are and remain the sole and exclusive owner of the Content.
[5.2] You acknowledge and accept that We:
(a) merely act as a passive host for the organisation, sharing, synchronisation and storage of such Content;
(b) do not have an active role in the generation of Content.
[5.3] You must not upload, store, distribute, make available to other users or the public Content to which you do not have the necessary rights. Any unauthorised use of Content protected by intellectual property rights or copyright may constitute a violation of the rights of third parties and is strictly prohibited. You expressly acknowledge and agree that with respect to any infringement of third-party rights caused by the Content you are and remain solely responsible. Such violations may result in the blocking of your access to Edo.
[5.4] You hereby declare that:
(a) The Content, and any part thereof, is your original work, or that you have obtained all the rights, licences, consents and authorisations necessary to use it, and you authorise Us to use it, pursuant to this Subscription, giving Us the right to upload, reproduce, store, transmit, distribute, share, synchronise, make available and otherwise communicate the Content, and any part thereof, to other users of EDO.
(b) The Content and its availability on EDO shall not infringe the rights of any third party.
(c) You have obtained any and all necessary consents, permissions from any and all persons appearing in the Content.
(d) The Content, including any comments, is not and will not be unlawful, offensive, abusive, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, incite or encourage violence, terrorism, the commission of illegal acts, or hatred on the grounds of race, sex, religion or sexual orientation.
[6.1] You expressly acknowledge and agree that We shall not be liable for any direct, indirect, incidental, consequential damages, including, but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of the use of or inability to use EDO.
[6.2] In no event shall we be liable for loss of profits or for incidental or consequential damages in any way arising out of Edo or this Agreement (including but not limited to negligence). You agree to indemnify and hold Us, and as the case may be our parent companies, subsidiaries, affiliates, our partners, officers, directors, agents and employees, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this Agreement, the documents incorporated therein by reference or any law or right of any third party.
[6.3] You use EDO at your own risk. EDO is provided "as is" and "as available" without any warranty expressed or implied. In particular:
a) We do not guarantee that EDO will be uninterrupted, timely, secure or error-free.
b) We do not guarantee that the results obtained from the use of EDO will be accurate and reliable.
c) We do not guarantee that the quality of products, services, information or other goods acquired or obtained by you through EDO will meet your expectations, or that any errors of EDO will be corrected.
[6.4] EDO is merely a virtual means of connecting and linking users. In light of this, in the event that You have a dispute with one or more users, You will indemnify us against claims, actions and demands for damages (direct or indirect) of any kind and nature, arising out of or in any way connected with such disputes.
[7.1] You do not have the authority and power to enter into contracts or to bind yourself, in writing or orally, implicitly or explicitly, in our name and on our behalf.
[7.2] This Agreement is not intended to create, nor is it aimed at creating, any agency, partnership, joint venture, employment relationship or affiliate relationship.
[8.1] By using EDO, You declare that the costs, exclusions and limitations of liability set forth in this Agreement are reasonable for You and as such You accept them. IF YOU BELIEVE THAT THEY ARE NOT REASONABLE, YOU MUST REFRAIN FROM USING EDO.
[9.1] You must not use EDO in a manner that causes or is likely to cause damage to EDO, limit EDO's availability or accessibility to EDO or in any manner that is unlawful, fraudulent or harmful or in connection with any purpose or activity that is unlawful, fraudulent or harmful.
[9.2] You shall not use EDO to copy, store, host, transmit, send, use, publish or distribute anything consisting of or related to spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious software.
[9.3] You must not conduct or cause any third party of your knowledge to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, extraction and data collection) on or in connection with EDO without our express written consent.
[10.1] By accepting this Agreement, you agree to indemnify and hold us harmless against any loss, damage, cost, liability and expenses (including, without limitation, legal fees and amounts paid by Us to third parties in connection with any legal action or settlement with a third party on the advice of our legal counsel) incurred by Us as a result of any breach of any provision of this Agreement.
[11.1] Without prejudice to any other rights granted under this Agreement, in the event of any breach of any obligation under this Agreement, We may take such action as We deem appropriate to offset the breach, including suspending your access to EDO, charging the amounts due from you to compensate for our loss of revenue, totally blocking access to EDO, blocking devices using your IP address or requesting the Internet Service Provider to block access to EDO, or taking legal action against you.
[12.1] In the event that any provision of this Agreement is invalidated and/or declared unenforceable by a court or any other competent authority, the other provisions shall continue to have effect. If the invalidity or non-applicability relates only to a part of the provision, the invalid and/or non-applicable part of the provision shall be deemed to be unenforceable and the remainder of the provision shall continue to have all its effects.
[13.1] These Terms of Service, together with the Privacy Policies, constitute the entire agreement between You and Us, in relation to your use of EDO, and supersede any other prior agreements with respect to your use of EDO.
[14.1] You may terminate this Agreement at any time by deleting your account or disabling the application. We may terminate this Agreement or terminate your right to use EDO or its service at any time and for any reason (including, without limitation, if we believe you have violated this Agreement or any EDO-related policy, or behaved in an inappropriate and/or offensive manner – collectively, the "Prohibited Conduct" – by notifying you of termination by email or post to the email or physical address you provide) with effect immediately following such notice. In all such cases, this Agreement will be terminated, but the following provisions will continue to apply: 3.2, 3.3, 3.5, 3.6, 3.7, 3.8, 3.11, 3.12, 4.2, 5.1, 5.3, 5.4, 6.1, 6.2, 6.3, 6.4 , 8.1, 9.1, 9.2, 9.3 ,10, 11.1, 12.1, 13.1, 15.1, 15.2, 15.3, 15.4, 16.1.
[15.1] In order to expedite the resolution and reduce the costs of any past, present or future disputes between You and Us, including, without limitation, any disputes arising out of or in connection with this Agreement ("Disputes" or "Dispute"), You and Us will attempt to negotiate all Disputes informally ("Informal Negotiations") prior to commencing arbitration or judicial proceedings. Informal Negotiations will begin with the sending of written communication.
[15.2] If a Dispute is not resolved through informal negotiations and you live in the EU, You and We will attempt to resolve all Disputes using the EU Online Dispute Resolution Platform (the "Platform") to reach an out-of-court settlement. The Platform is developed and managed by the European Commission, is easy to use, multilingual and accessible to all.
The procedure consists of four simple steps:
(i) You complete and submit a complaint form online;
(ii) The complaint is sent to Us;
(iii) Once agreement has been reached on the alternative dispute resolution body, the Platform will automatically send the complaint to that body;
(iv) The body shall deal with the Dispute entirely online within 90 days.
The procedure can be initiated at https://webgate.ec.europa.eu/odr/
Our email is: email@example.com
[15.3] If You do not live in the EU or if the Dispute is not resolved through the Platform, You and We will resolve the Disputes (except those that may not be referred to arbitrators) through arbitration, the award of which will be binding on both parties ("Arbitration Agreement"). All of this shall be governed by the Rules of the Milan Chamber of Arbitration, and the dispute shall be decided by a single arbitrator appointed in accordance with such Rules.
[15.4] Unless otherwise provided for by internationally mandatory U.S. or EU law, this Agreement shall be governed by and construed in accordance with and on the basis of the laws in force in Italy and any disputes, which cannot be referred to arbitrators, shall be attributed to the jurisdiction of the Italian judicial authorities.
[16.1] You agree that any claim arising out of or relating to your contractual relationship with Us shall be filed within one year, after which time the relevant right shall be deemed to be permanently time-barred/lapsed.
All communications from the parties relating to this Agreement shall be deemed as being acknowledged by the other party once they reach their destination, by e-mail or registered mail with return receipt, at the following addresses:
Via Federico Fratini, 6
Your address for such communications is the email and physical address you have provided to us.
If you have any questions regarding this Agreement, do not hesitate to contact us.
From time to time, We may review the terms of this Agreement. The revised version of the Agreement will apply to your use of EDO from the date of publication of the revised Agreement. Please check this page regularly so that you are familiar with the most current version of the Agreement.