Account: You set up an Account in order to use our Services.
Images and Files: The digital images and files that you and others may upload, download, store, trace or send using our Services.
Payment Method: The credit card, Stripe account or other method you use to pay for a paid Subscription.
Services: All services, software and information provided to you by TraceMyFile Limited, including all eRight Services and the eRight website, as well as our mobile and client applications.
eRight, we, our, us: TraceMyFile Limited, provider of eRight Services, with company number 09188762 and registered office address at 85 Great Portland St, Fitzrovia, London W1W 7LT, UK
You: You the customer using our Services from time to time.
1. Changes to these Terms:
We may modify these Terms at any time, at our sole discretion. If we do, we will post the modified Terms on our website. Please check our Terms after we have posted modified Terms on our website as by continuing to use our Service you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to the modified Terms, then you should not use our Services anymore.
2. Changes to the Services
eRight will continue to change and enhance our Services over time. We reserve the right to make these changes at any time and without notice, at our sole discretion.
Also, if you make changes to your Account yourself, it may affect the Services provided to you. For example, if you cancel a paid Subscription and continue to use a free Account, certain features or benefits may no longer be available to you.
If either you or we make any changes that reduce the size, storage space or number of Images and Files you are entitled to use or store, we will provide notice to you. After we give you notice, if you still have not deleted excess Images and Files, then we may delete them at our discretion.
eRight may suspend or terminate your free Account or paid Subscription if your usage does not comply with the features, benefits and restrictions that apply to your Account at that time.
3. Your responsibilities: Account Information
You agree to provide accurate, current and complete information about yourself. You also agree to keep your information up to date. We reserve the right to suspend or terminate your Account if it is not.
We will have no liability if the information we have about you is inaccurate, such as our having the wrong email address for you.
You are responsible for safeguarding your username and password. You agree not to disclose your username and/or password to anyone else. You have sole responsibility for any actions taken under your username and password, whether or not you authorized those actions. You will immediately notify eRight of any unauthorized use of your username and password.
4. Your responsibilities: Backup your Images and Files and Data
Because we provide the Services "as is" and make no warranty for the Services (see below in these Terms under the section called "Disclaimer of Warranties"), you should save and maintain a backup copy of any Images and Files that you wish to keep in its original form.
You are responsible for maintaining and protecting your Images and Files including all of your data and information that is uploaded, downloaded, stored, or otherwise processed by our Services.
eRight is not required to backup or store any current or superseded versions of your Images and Files, although we may choose to do so.
5. Payment Terms
These payment Terms apply to purchases you make from eRight.
By purchasing a Subscription, you agree to pay all charges in effect at that time for the Services you buy, along with all applicable taxes and other fees. You authorise eRight to charge your Payment Method for your initial purchase, as well as any future purchases and automatic renewals of any Subscription.
If we are unable to charge your Payment Method (for example, because your credit card has expired), you are still liable to pay us. Except as described under "Termination" below, all fees are non-refundable. All amounts are to be paid in Euros unless another currency was specified when you made your purchase.
Subscriptions are for an initial period of time, usually a quarter or a year. At the end of this period, your Subscription will be automatically renewed for the same duration as your initial subscription unless you cancel.
If you do not cancel before the end of your current subscription period, your Subscription will be automatically renewed. You will be responsible for paying for the next subscription period, and you authorise eRight to charge your Payment Method at the current, full-price rate for your specific type of Subscription.
If eRight discontinues the Services that you have already paid for, we will give you a proportional refund of that amount for the remaining time in your current subscription period.
The fees applicable to your Account may change in the future. If the amount to be charged to your Account changes (other than due to the imposition or change in the amount of state or territory sales taxes, VAT, or similar taxes and fees), eRight will provide you with notice of the change and the new amount to be charged together with the date of the charge at least ten (10) days before the scheduled date of the transaction.
eRight may offer trial subscriptions during which you may use the Service, free of charge, for the time period specified in the trial offer (a "Trial Period") as long as a Subscription has been purchased. You will not receive a notice from us that your Trial Period has ended and your Subscription will come in to effect.
Trial Subscriptions may not be combined with any other offer unless otherwise provided in the promotional offer. eRight reserves the right to restrict who is eligible for trial Subscriptions.
So that you can make payment through Stripe, eRight passes your information to Stripe. Stripe will ask you for your credit card details or ask you to log into your Stripe account so that you can complete your payment. Your credit card information is not passed to eRight by Stripe and it is never entered nor stored on the eRight website.
You may cancel your Subscription at any time either on our website or by contacting firstname.lastname@example.org. If you cancel before the end of your current quarterly or annual subscription period, your Subscription will not be renewed. You will not be entitled to a refund of any amount for the remaining time of your current Subscription.
7. Intellectual property rights: Images and Files and rights you grant to us
We do not claim any ownership rights in your Images and Files. To the extent necessary for eRight to provide our Services (and only as necessary), you give us and our third party service providers permission to use, copy, distribute, compress and otherwise process Images and Files. This means that you grant us a non-exclusive, irrevocable, worldwide, royalty-free, transferable license, with the right to grant sub-licenses, to use, copy, modify, store, publicly display, publicly perform, transmit and distribute your Images and Files solely in connection with operating and providing the Services.
You represent and warrant that you own or have the necessary rights and permissions to send, upload, or store your Images and Files using our Services and that your Images and Files and your use of our Services will not infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you have access to the Images and Files of others, you must respect their intellectual property rights and only use those Images and Files according to the permissions granted to you by the owner of those Images and Files. You must not modify, rent, lease, loan, sell, distribute copies of or create derivative works based upon those files in any way that would violate their rights.
8. Accessing your Device
Some of the features of our Services are designed to upload, download and synchronize files between your computer, your other devices (like your phone or tablet) and our servers. Depending on the features you use, this can happen automatically. By using the Services, you give us permission to access your computer and other devices for the purpose of providing the Services to you.
9. Intellectual Property Rights: eRight Services
TraceMyFile Limited owns all right, title and interest in and to the eRight Services. Copyright, trademark and other laws of England and other countries protect the Services. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Except as expressly permitted in these Terms, you may not reproduce, modify, or prepare derivative works based upon the Services, or distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TraceMyFile Limited or its licensors, except for the licenses and rights expressly granted in these Terms.
10. Intellectual Property Rights: Copyright Policy
eRight respects copyright law and expects its users to do the same. Our policy is, in appropriate circumstances, to terminate accounts of users who repeatedly infringe the rights of copyright holders. eRight reserves the right, in its sole discretion, at any time and without prior notice, to remove or disable access to any Images and Files that we believe to be in violation of these Terms or otherwise harmful.
11. Intellectual Property Rights: Trademarks
eRight, the eRight logo and all other eRight trademarks, service marks, product names, and trade names of eRight appearing on the Services are owned by TraceMyFile Limited. Other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo without the owner's prior written consent.
12. Prohibited Actions
As a condition to your use of the Services, you agree not to:
- Share your Account with any other person or entity;
- Upload, store, access or transmit any Images and Files for which you do not have the lawful right to do so, for which you do not have the consent or permission of each identifiable person in the Images and Files to use, that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party, that is false or misleading, that is defamatory, that is obscene, pornographic, or offensive, that promotes bigotry, racism, hatred, or harm against any individual or group, or that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Services or eRight's computer systems, or the technical delivery systems of eRight or its providers;
- Attempt to probe, scan, or test the vulnerability of the Services, or any related system, or network, or breach any security or authentication measures used in connection with the Services and such systems and networks;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Harm or threaten to harm other users in any way, or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Send unsolicited email, junk mail, spam, chain letters, promotions, or advertisements for products or services;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- eRight has the right to investigate and prosecute violations of any of the above. You acknowledge that, although eRight has no obligation to monitor your access to or use of the Services, it has the right to do so for the purposes of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law, or the order or other requirement of a court, administrative agency, or other governmental body.
In appropriate circumstances, eRight may in its discretion terminate the Accounts and/or delete the Images and Files of users who are, or are believed to be or are charged with, infringing or violating the intellectual property rights of third parties or any applicable law or regulation.
13. Termination of Services: By You
If you have a free Subscription, we will generally keep that Account for you in case you want to keep using it or use it in the future. Contact us if you want to terminate a free Subscription. As explained below, we also reserve the right to terminate free Accounts.
For cancelling paid Subscriptions, see above under the Section called "Cancellation".
14. Termination of Services: By Us
We reserve the right to discontinue the Services we provide to you in their entirety at any time and without prior notice to you. As noted above under Payment Terms, if eRight discontinues Services that you have already paid for, we will give you a proportional refund of that amount for the remaining time in your current subscription period.
We reserve the right to terminate or suspend free Accounts at any time, with or without notice, in our discretion. For example, we may terminate your free Account if you have not logged in for at least 90 days, but we may terminate it for any other reason at our discretion.
eRight may cancel or suspend your paid Subscription if you have not paid for your Account when payment is due, with or without notice to you. We may, but will not be required to, convert any cancelled paid Subscription to a free Account.
If you violate any of these Terms, we will have the right to terminate or suspend your Account and we will not be required to refund any fees already paid by you. You will also remain liable for all amounts you were supposed to pay, but have not yet paid.
If your Account is terminated for any reason, we may delete your Images and Files on our servers without further notice to you.
15. eRight Application License
eRight provides various software applications that you may use with your Account. Subject to your compliance with these Terms, eRight grants you a limited non-exclusive, non-transferable, non-sub licensable license to download and install a copy of each application on a mobile device or computer that you own or control, and to run such copy of the application solely for your own personal use with your Account. eRight reserves all rights in and to the application not expressly granted to you under these Terms.
16. Open Source Code
eRight software applications may be distributed with certain independent code that is licensed under open source licenses ("Open Source Code"). Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that these Terms conflict with any of those open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code.
17. Links to Third-Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
18. Disclaimer of Warranties
The Services are provided "as is," without warranty of any kind. Without limiting the foregoing, eRight explicitly disclaims any warranties of merchant ability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. Your use of the Services is at your own risk. eRight will not be responsible for any damages to your computer system or the computer system of any third party resulting from use of the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, or operate at any particular speed. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any part of the Services. We will not be responsible for any failure of the Services to store Images and Files, for the deletion of Images and Files stored on the Services, or for the corruption of or loss of any data, information or content contained in Images and Files.
You will defend, indemnify and hold harmless eRight, its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with your access to or use of the Services, your Images and Files or your violation of these Terms.
20. Limitation of Liability
eRight will not be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or goodwill, service interruption, computer damage, or system failure, or the cost of substitute Services arising out of, or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory and whether or not eRight has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by negligence,
- fraud or fraudulent misrepresentation, or
- any other liability which cannot be limited or excluded by any applicable law.
- In no event will eRight's total liability arising out of or in connection with these Terms or from the use of, or inability to use the Services exceed the amount you paid for use of the Services in the twelve (12) months leading up to the event giving rise to the claim of liability, or one hundred (100) Euros if you have not paid anything to eRight, as the case may be.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between eRight and you.
21. Dispute Resolution
If a dispute arises between you and eRight, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To help us do that, you agree to first contact eRight customer support to describe the problem and seek a resolution. If that does not resolve the issue, then you and eRight agree to the following methods to resolve any dispute or claim between us:
In the event of a dispute arising out of or in relation to these Terms, representatives of eRight and you shall meet and endeavor to settle the dispute in an amicable manner through mutual consultation. If such persons are unable to resolve the dispute in a satisfactory manner within fifteen (15) business days, either party may seek binding arbitration.
22. Law & Jurisdiction
These Terms will be governed by the substantive laws of England.
23. Arbitration Agreement
The parties will agree to arbitrate. The seat of the arbitration shall be London, the rules governing the arbitration proceedings shall be those of the ICC, the number of arbitrators shall be three, both parties will appoint one arbitrator each, the two arbitrators will then nominate the last arbitrator who will then be appointed by the court.
24. Entire Agreement
These Terms are the entire and exclusive understanding and agreement between eRight and you regarding the Services. The Terms replace all prior oral or written understandings and agreements between eRight and you regarding the Services.
If for any reason a court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer your rights or obligations under these Terms without eRight's prior written consent. eRight may freely assign or transfer our rights and obligations under these Terms without restriction.
Any notices or other communications provided by eRight under these Terms, including those regarding modifications to these Terms, will be given either by posting on eRight's website, or by email, or both.
eRight's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of eRight. Except as expressly stated in these Terms, the exercise by either you or us of any remedies under these Terms will be without prejudice to other remedies either you or we may have.
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