Terms of Service

Datamolino Terms of Service

Last Modified: November 18, 2020

Thank you for using Datamolino! These terms of service (the “Terms”) govern your access to and use of Datamolino (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services. Unless we agree with you in writing that your individual terms and conditions are somehow different from the ones outlined in this document, you are bound by these Terms when using the Services.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Datamolino and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. Datamolino may sub-contract or assign the provision of any and all of the Services. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.

Your Data & Your Privacy

By using our Services you provide us with information, files, and folders that you submit to Datamolino (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your data, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we either directly or through our subcontractors redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that Datamolino has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

The Services provide features that allow you to share your data with others. There are many things that users may do with that data (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share. Datamolino has no responsibility for that activity.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Datamolino, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Datamolino, are responsible for maintaining and protecting all of your data. Datamolino will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you do not have the legal capacity to enter into contracts. By agreeing to these Terms, you are representing to us that you have full legal capacity to enter into contracts and that your capacity is not limited by age or any form of judicial or administrative restriction.

Your Datamolino account

You must provide us accurate information when you create your Datamolino account. Your Datamolino account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Datamolino with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Datamolino of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Datamolino, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Software and Updates

Some use of our Service may require you to download a client software package (“Software”). Datamolino hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

Datamolino Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other applicable laws of both the Slovak Republic and foreign countries. These Terms do not grant you any rights to use the Datamolino trademarks, logos, domain names, or other brand features.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Datamolino Acceptable Use Policy.

Copyright

Datamolino respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Termination

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Datamolino is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Datamolino will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATAMOLINO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT DATAMOLINO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF EUR 20 OR THE AMOUNTS PAID BY YOU TO DATAMOLINO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

Limitations on Use of Services.

Datamolino may impose reasonable limitations on bandwidth usage for the Services. You acknowledge and agree that Datamolino may suspend or discontinue, without prior notice to you and at the sole discretion of Datamolino, some or all of its Services, making the Services unavailable to you or other users. If Datamolino deems it necessary to discontinue the services it provides due to the highly unlikely event of Datamolino’s closure, you will receive at least 7 days notice before your account is closed.

You acknowledge and agree that if Datamolino disables access to your account, you may not be able to use the Services or access your account details, files or other content that may be contained in your account.

Datamolino has not set an upper limit on how many transmissions you may send or receive through the Services or how large the transmissions may be, but you agree that Datamolino can set these limits at any time, at Datamolino’s sole discretion. Datamolino may remove any data or user accounts at any time and for any reason at the sole discretion of Datamolino.

You acknowledge and agree that Datamolino is not an accounting service and, whilst we strive to attain extremely high levels of accuracy, we cannot guarantee the accuracy or correctness of the information extracted from your documents. You agree that you will check the accuracy and correctness of the data entered by Datamolino before using this data.

You acknowledge that Datamolino makes no guarantee whatsoever regarding processing time, though the entire process usually takes under 3 business days. If you send in illegible invoices or receipts they may not be processed correctly into your Datamolino account. You recognize that all invoices and receipts may not be entered correctly into your account, and that Datamolino does not guarantee proper tagging or data entry on any invoices or receipts.

Datamolino does not guarantee the accuracy of automatically processed information. Some states do not allow some types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY THE LAW OF THE SLOVAK REPUBLIC, EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE STATE COURTS OF THE SLOVAK REPUBLIC, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Datamolino with respect