Terms of Service

Please read these Terms carefully.

Prior to using Datamaid, you are required to read these Terms carefully. These Terms govern your access to and use of the Site and the Mobile Application. You must accept these Terms prior to using DataMaid. By using and/or visiting the Site and the Mobile Appication (including all content and services available through the above mentioned), you signify your assent to both these Terms and our privacy policy, which is available under Privacy Policy part of this document. Changes may be made to these Terms from time to time. Your continued use of the Site and the Mobile Application will be deemed acceptance to any amended or updated terms. DataMaid Ltd reserves the right to change, update or cease to offer the Site or Services or any part thereof at any time.

What is DataMaid?

DataMaid offers a web and mobile application that allows you to create your original content in all media (photo, notes, video, audio), optionally add your desired social media and/or add content from your phone gallery. DataMaid software collects it on a timeline, on your profile page on the website currently located at http://www.datamaid.it (the “Site”).

DataMaid uses specific technologies to create mix-media timeline located on the web. These timelines can be viewed live and shared, on the web and social media. Unless specified, all data that is published by a user is public.

DataMaid is owned and operated by DataMaid Ltd. (hereafter “DataMaid”, “us”, “our”, “we”). These Terms of Service (“Terms”) govern your access and use of the Site and the Mobile Application and all services available through the Site and Mobile Application (“Services”). “You” or “Your” means an adult user of the Mobile Application and the Site, or as the parent or guardian of any minor whom you allow access to the Mobile Application and the Site, and for whom you will be held strictly responsible.

User Age limit

DataMaid does not accept registration from users who are under 13 years of age, in compliance with the Children’s Online Privacy Protection Act of 1998. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Mobile Application, the Site or any Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. By visiting and contributing to content on DataMaid, you attest that you are at least 13 years old. If you believe or have information that a child under 13 may have provided us personal information, please contact us at support@datamaid.it

Account Registration

When you complete the registration process, you create an account and become a member. Your account allows you to participate in certain Services, subject to the Terms and the Privacy Policy. DataMaid Ltd. reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish on the Mobile Application and the Site, all at DataMaid’s sole discretion.

Password and related

To create an account, you must select a username and password or login through 3rd party platforms - using your Facebook or Twitter account.In the first version - login will be enabled only through Facebook and Twitter. Your username is your DataMaid identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your account.

You should not reveal your password to other users. DataMaid will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the Terms. If your account is terminated, you may not join DataMaid again without express permission.

Unauthorized usage or similar

You agree to immediately notify DataMaid of any unauthorized use of your DataMaid account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. DataMaid will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold DataMaid harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to support@datamaid.it that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site or the Mobile Application.

Reporting inappropriate, abusive or otherwise objectionable content

In order to ensure that DataMaid application and website provides the best experience possible for everyone, we strongly enforce a no-tolerance policy for objectionable content. If you see inappropriate content, please use the "Report" button feature found at the end of every story (timeline) created to report Objectionable Content. After the Report is received, DataMaid moderator will check the objectionable content and if the Report is true, the story (timeline) will be removed. After two true Reports received per user, that user will be banned from using DataMaid services.

Objectionable content may not be submitted to or through DataMaid, who will moderate all content and ultimately decide whether to ban certain content reported to be Objectionable. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Warranty

DataMaid disclaims all warranties about the DataMaid App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, DataMaid, not Apple, shall be solely responsible for such warranty.

Maintenance and Support

DataMaid does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, DataMaid, not Apple, shall be obligated to furnish any such maintenance or support.

Product Claims

DataMaid, not Apple, is responsible for addressing any claims by you relating to the DataMaid App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the DataMaid App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

Termination of Account

You agree that DataMaid may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Mobile Application and Site any Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, aggressive, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, or the business interests of DataMaid. If DataMaid allows Upgraded accounts, and terminates your Upgraded Account for any of the foregoing reasons, you shall not be entitled to any refund of fees paid with respect to such account.If DataMaid believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site and the Application. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site and/or the Application.

You may request termination of your DataMaid account at any time and for any reason by sending an email to support@datamaid.it. Any suspension, termination, or cancellation shall not affect your obligations to DataMaid under these Terms (including but not limited to ownership, intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation. Fees from the Upgraded accounts are not-refundable, and DataMaid shall not refund any paid Upgrade- Fees if you request to terminate your account.

Intellectual Property & Content

DataMaid and its licensors own the Site and the Mobile App, including all worldwide intellectual property rights in the Mobile App, Site and Services, and the trademarks, service marks, and logos contained therein. DataMaid hereby grants you a limited, revocable, non-sublicensable license to use the Mobile Application, Site and the Services solely for your personal use. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Mobile Application or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Mobile Application, Site, Services or any Content, except as DataMaid may expressly permit.

Your Feedback

You are not required to provide DataMaid with any feedback or suggestions regarding the Application, Site, Services or any Content. However, we encourage you to provide DataMaid with comments or suggestions for the modification, correction, improvement or enhancement of the Site, Mobile Application or Services then, subject to the terms and conditions of this Agreement, you hereby grant DataMaid a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner DataMaid chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of DataMaid’s and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media DataMaid chooses, with or without reference to the source of such comments or suggestions.

Your content

Certain types of content may be made available through the Mobile Application, Site or the Services, including edited timelines. “Content” as used in these Terms means, collectively, all content on or made available on the Mobile Application and the Site (whether to the general public or to individual persons) including but not limited to any such edited timelines, any conversations or pictures available on the Site, including any statements or other material made available on any blog or forum in the Site. DataMaid reserves the rights to remove and permanently delete any Content, including any edited timelines of any user, without notice, including without limitation any Content that is in the sole discretion of DataMaid obscene, abusive, indecent, illegal or may otherwise subject us to public disparagement or scorn. As such, you should take care to preserve the originals of your content in all formats. You should have no expectation that any timeline, edited timelines or any other format that may come out of your usage of DataMaid will always be available through the Mobile Application, Site or Services. Do not rely upon this Site as a storage space for Content.

Personal Information

In order to use certain parts of the Site, you may be asked to supply certain personal information. DataMaid will treat all personal information as described in our Privacy Policy. All personal information that you provide must be accurate, complete, and kept current. Please note that, while we seek to have the companies with which we do business observe the spirit of our Privacy Policy, we cannot be responsible for what they do with personal information that you provide. Content you use or make available through your account may be available to the public, and you should have no expectation of privacy in the same.

Copyright Issues

DataMaid may allow you to forward, post, embed, download or email any Content (or links to such Content). In addition, DataMaid may provide you with the ability to download or modify any Content. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party internet sites and services in forwarding, embedding or posting such Content, or links to such Content. You shall not forward, or post any Content or links to Content that violates these Terms. You may not embed any Content in any third party site if such third party site contains any content would violate these Terms. You accept full liability for all Content that you modify, forward or post, including in respect of any third party intellectual property rights or moral rights in such Content. DataMaid cannot accept any liability in respect of your modifications of any Content. You shall fully indemnify DataMaid for any breach of the terms set forth in this paragraph.

All audio works may only be used for your own personal purposes. You may not make any commercial or other use of such works, and except as expressly set forth herein you may not copy, lease, publicly perform, broadcast or distribute such works. In such event you represent and warrant that the incorporation of such audio works does not violate any third party intellectual property or moral rights, and you agree to fully indemnify DataMaid for any losses resulting from your breach of such warranty.

Content made available by DataMaid come from a variety of sources. You understand DataMaid is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any third party Content on the Site or otherwise made available. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against DataMaid with respect to thereto, and agree to hold DataMaid, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding your use of the Mobile Application and Site or your exposure to any Content.

User Submissions

You are solely responsible for Submissions you post or transmit to the Mobile application and the Site. “Submissions” is defined as anything a user transmits to the Mobile Application and the Site or to another in the course of using Datamaid Application and Site, including without limitation any raw video, photo, text, audio, links and social media. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Submissions. In addition, you represent and warrant that no Submission infringes the intellectual property rights or moral rights or any third party or violates any applicable law. DataMaid reserves the right, at its sole discretion, to remove any Submissions or delete an account, without prior permission to users, that may violate the Terms at any time. DataMaid does not pre-screen Submissions, but reserves the right to delete Submissions that violate these Terms.

DataMaid does not claim ownership of your Submissions. However, by sending any Submissions you automatically grant DataMaid a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce Submissions including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Site and these Terms. DataMaid may retain any raw audio, photo, text, video material that you submit, and make internal use of such material including for testing purposes. You may request that DataMaid delete and make no further use of such material by sending an email to support@datamaid.it

Without limiting the foregoing, you agree that you will not use the Mobile Application, the Site and any Services coming out of the Site in any manner or transmit any Submission that:

1. Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity); (b) Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; (c) Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; (d) Any virus, worm, Trojan horse, or other harmful or disruptive component; (e) Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; or

2. Restricts or inhibits use of the Site;

3. Uses any account or password without prior permission;

4. Obtains or solicits another person’s password or other personal information under false pretenses;

5. Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise;

6. Violates the legal rights of others, including defaming, abuse, stalking or threatening users;

7. Infringes (or results in the infringement of) DataMaid’s or any third party’s intellectual property rights, moral rights, or other rights;

8. Is (or you reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

9. Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause DataMaid to be in violation of any law or regulation, or to infringe any right of any third party;

10. Publishes falsehoods or misrepresentations that may damage DataMaid or any third party;

11. Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on the Mobile Application and the Site;

12. Disrupts, interferes or harms the Mobile Application, Site, servers or networks; or

13. Imposes an unreasonably or disproportionately large load on our infrastructure.

14. In addition, you may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except it was yours or your company’s.

Does DataMaid cost anything?

The DataMaid Services are currently free, but we reserve the right to charge this policy for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Premium Content

DataMaid in its sole discretion may choose to provide users with “Premium Content”. Premium Content may provide for additional functionality, such as, but not limited to allowing users to download their material in following formats: video, pdf, ppt or any other format suitable for web or other media. Unless defined within a package in the Upgraded account, one is not to remove any branding that DataMaid may incorporate in that media.

The purchase of Premium Content shall be subject to the payment of fees to DataMaid, which DataMaid may determine from time to time in its sole discretion (“Premium Fees”). All Premium Fees paid are nonrefundable. DataMaid may allow you to pay Premium Fees through a third party service (such as Paypal), in which event the payment of such Premium shall be subject to the third party's applicable terms and conditions. All Premium Fees are exclusive of any sales and use taxes, which shall be your responsibility and liability.

Restrictions

1. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site (including without limitation, for the purpose of obtaining unauthorized access to our Site) without our prior written authorization, including framing or mirroring any part of the Site;

2. Circumvent, disable, or otherwise interfere with security-related features of the Services, the Mobile Application or the Site or features that prevent or restrict use or copying of any Content;

3. Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;

4. Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure, timeline or presentation of the Mobile Application, the Site or Service;

5. “Deep link” to the Site or any Content on it, unless such link was provided to you for that purpose by the Site;

6. Harvest, collect or mine information about other users of the Mobile Application or the Site;

7. Create a database by systematically downloading and storing all or any of the Content on the Mobile Application or the Site;

8. Violate the Terms or any other rule or agreement applicable to you or DataMaid through the Mobile Application or Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;

9. Use or access another user’s account or password without permission; or

10. Use the Mobile Application or Site or content thereon in any manner not permitted by these Terms.

Infringement

DataMaid does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and DataMaid expressly disclaims any and all liability in connection with Submissions. DataMaid does not permit copyright infringement or infringement of intellectual property rights on its Mobile Application or Site or Services. We will remove all Content and Submissions if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under US copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us. If you need to contact us regarding these issues for any other reason, please contact us at support@datamaid.it

Linked Content

Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. DataMaid is not responsible for content or services available by means of such sites. DataMaid does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Coupons and Promotions

DataMaid may introduce coupons and/or promotions. Each coupon and/or promotion is identified by a coupon code or promotion description provided by DataMaid and has different requirements and rewards. Please check your coupon and promotion requirements — all requirements stated on the coupon must be met to receive the applicable reward. Coupons may not be reproduced or modified, and DataMaid shall have no responsibility to honor modified coupons. Coupon redemption amounts are as specified on the coupon, but coupons have no cash value. Limit of one coupon per individual. Coupons are for single use only. Codes are redeemable only as directed by DataMaid. Each code is valid for a limited time only and expires on the date specified in the offer. Codes are not for resale and may not be assigned to any other party. Codes cannot be replaced if lost, stolen, or deleted, and DataMaid have no responsibility for lost, stolen or deleted coupons or codes. A coupon cannot be retroactively applied to orders placed with DataMaid without use of the coupon. DataMaid reserves the right to discontinue or terminate a coupon and/or promotion at any time. The consumer is responsible for all sales taxes charged by DataMaid on the applicable transaction. Coupons are void where prohibited, taxed or otherwise restricted by law.

Disclaimer

Your use of any aspect of the Site and Mobile Application is at your own risk. DataMaid makes no representations or warranties whatsoever in respect of the Site, Mobile Application, Services or Content. Neither DataMaid nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with the Mobile Application, Site, Services, Submissions or Content. DataMaid cannot accept any liability whatsoever in respect of any Content which is modified by you or any other third party.

Without limiting the foregoing, except as expressly stated in these Terms, everything available on the Mobile Application and Site or by means of the Mobile Application and Site is provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and DataMaid expressly disclaims all express or implied warranties.

Without limiting the foregoing, DataMaid shall have no liability for:

1. Any adverse effect to your computer or other software as a result of your use of the Site or Services, or as a result of any Content available on the Site;

2. Your use of (or inability to use) the Mobile Application, Site or any Site component, including Submissions, Content and any transactions that involve the Mobile Application and Site;

3. Any material available (or intended to be available) on or by means of the Mobile Application and Site or information or advice received by means of the Mobile Application and Site;

4. Any error or omission of DataMaid, or any act or omission of any third party;

5. Any error, delay, interruption, operational problem, unavailability, or failure in the Mobile Application, the Site, any site component, or any directly or indirectly related equipment, system, programming, or network (including the internet);

6. Any breach of security involving the Mobile Application, Site or your account;

7. Any viruses or other code or component that may affect your computer system or other property as a result of your use of the Mobile Application or the Site.

Indemnification

You agree to indemnify, defend, and hold harmless DataMaid and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Mobile Application, Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement by any Submissions of any third party intellectual property right or moral right; (e) your violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your forwarding or posting any Content; (f) any Content that you downloaded from the Mobile Application and the Site or modified; and (g) any other matter for which you are responsible hereunder or under law. You agree that your use of the Mobile Application and the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.

Limitation of Liability

In no event shall DataMaid be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Mobile Application, the Site, Services or Content. In any case, DataMaid’s entire liability under any provision of this agreement shall not exceed (if any may apply) amounts paid by you to DataMaid for the use of the Site, Services and Content hereunder. As such, if you have not made any payments (if any may apply) to DataMaid for the use of the Site and Services, DataMaid shall have no liability to you whatsoever.

Miscellaneous

These Terms shall be governed by the law of the State of Bulgaria and United States exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the designated court located in Bulgaria or in the USA and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against DataMaid must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and DataMaid or enables you to act on behalf of DataMaid. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between DataMaid and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. Nothing contained in these terms shall be construed to limit the actions or remedies available to DataMaid with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and DataMaid reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of DataMaid (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under these terms to any third party affiliated with DataMaid.