PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING EDO

Welcome to EDO

[1.1] These terms of use govern your use of EDO.IO (“EDO”), a web, desktop and mobile application made available by EDO.IO Srl ("Company”, "Us" or “We”). These terms of use constitute a legal agreement (the “Agreement”) between You ("You" or the "User") and Us. By using EDO, you accept this Agreement in full, and any future amendments and additions as we may publish from time to time. If You disagree with this Agreement or any part of this Agreement, You must not use EDO. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity, its members, its administrative users, and its affiliates to this Agreement. In that case, the terms “You” or the “User” shall also refer to such entity, its members, its administrative users, and its affiliates, as applicable. If You do not have such authority, You must not use EDO.

[1.2] You must be at least 13 years of age to use EDO. By using EDO – and by agreeing to these terms and conditions – You warrant and represent that you are at least 13 years of age.

[1.3] EDO uses Third-Part Cookies. By using EDO and agreeing to this Contract, you consent to EDO’s use of cookies in accordance with the terms of EDO's Privacy Policy

[1.4] This Contract may be saved and printed through the options of EDO.

What is EDO and how it works

[2.1] Edo is a real-time communication, messaging, archiving, synchronization and search service that facilities the organization of team conversations and the sharing, search and synchronization of documents stored on Google Drive.

Summary

[3.1] You may not submit violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content (defined below).

[3.2] You are responsible for any activity that occurs through your account (the “Account”) and You agree you will not sell, transfer, license or assign your account, username, or any account rights. You are responsible for keeping your password secret and secure. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, We prohibit the creation of and You agree that you will not create an Account for anyone other than yourself. You must not create accounts with EDO through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You also represent that all information You provide or provided upon registration and at all other times will be true, accurate, current and complete and You agree to update your information as necessary to maintain its truth and accuracy.

[3.3] You agree that You will not solicit, collect or use the login credentials of other EDO users.

[3.4] You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You must not post private or confidential information via EDO, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

[3.5] You agree to comply with all laws, rules and regulations (applicable to your use of EDO and your Content (defined below).

[3.6] You are solely responsible for your conduct and any 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 or materials (collectively, "Content") that you submit, post, share, sync or display on or via EDO.

[3.7] We does not claim ownership of any Content that you submit, post, share, sync or display on or via EDO. In order for Us to provide EDO to You, We require that you grant Us certain rights. For example, We need to be able to transmit, store and copy your Content in order to display it to you and your teammates, to index it so you are able to search it and so on. Therefore, You hereby grant to Us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you submit, post, share, sync or display on or through EDO, subject to the Privacy Policy. Your acceptance of this Agreement includes allowing us to use third-party service providers (such as Google Drive) in the operation and administration of EDO and the rights granted to Us are extended to these third parties to the degree necessary in order for EDO to be provided.

[3.8] EDO could be supported by advertising revenue and may display advertisements and promotions, and You hereby agree that We may place such advertising and promotions on EDO or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to You.

[3.9] You must not change, modify, adapt or alter EDO or change, modify or alter another website so as to falsely imply that it is associated with EDO.

[3.10] You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications ("spam") to any EDO users.

[3.11] You must not use domain names or web URLs in your username without prior written consent from Us.

[3.12] You must not attempt to restrict another user from using or enjoying EDO and You must not encourage or facilitate violations of this Agreement or any other EDO terms.

[3.13] Violation of this Agreement may, in Us sole discretion, result in termination of your EDO account. You understand and agree that We are not and will not be responsible for the Content posted on the EDO. You understand and agree that You use the Service at your own risk. If You violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for Us, We can stop providing all or part of EDO to you.

Modifications and Accounts

[4.1] We reserves the right at any time and for any reason to suspend, terminate or cease providing User access to EDO or any part thereof, temporarily or permanently.

[4.2] You, as User, hereby agree that:

(a) Unless otherwise stated, We and/or our licensors own the intellectual property rights on EDO.

(b) We shall not be liable to You or to any third party for any changes or modifications to EDO that We may wish to make from time to time, or for any decision to suspend, discontinue or terminate EDO or any part or parts thereof, or your or any other User’s possibility to use or access the same from or within any territory or territories.

(c) We may change the features of any type of Account, may withdraw or introduce new features, products or types of Account at any time and for any reason, and may change the prices charged for any of its Accounts from time to time. In case of increase in the price of any Account to which you have subscribed, such changes will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription.

User content

[5.1] Any Content that You submit, post, share, sync, display, upload, store, transmit, exchange or make available to or via EDO is generated and owned solely by You. You hereby expressly acknowledge and agree that Content remains your sole responsibility.

[5.2] You hereby acknowledge and agree that We:

(a) organize, sync, archive and manage Content at the direction, request and authorization of its users;

(b) act merely as a passive conduit and/or host for the organization, sharing, synchronization and archiving of such Content;

(c) plays no active role in the generation of the Content.

[5.3] You must not upload, store, distribute, make available to other users or the public any Content to which you do not hold the necessary rights. Any unauthorized use of copyright protected material may constitute an infringement of third-party rights and is strictly prohibited. You expressly acknowledge and agree that any infringement of third-party rights Content remains your sole responsibility. Any such infringements may result in the termination of your access to EDO.

[5.4] You hereby represent that:

(a) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and to authorize Us to use, your Content pursuant to this Agreement, including the right to upload, reproduce, store, transmit, distribute, share, sync, make available and otherwise communicate to other users your Content, and each and every part thereof.

(b) Your Content and the availability thereof on EDO does not and will not infringe or violate the rights of any third-party.

(c) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your Content.

(d) Your Content, including any comments that you may post on EDO, is not and will not be unlawful, offensive, abusive, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.

Limitation of Liability

[6.1] You expressly acknowledge and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use EDO.

[6.2] In no event shall We be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with EDO or this Agreement (however arising including negligence). You agree to indemnify and hold Us and (as applicable) our parent companies, subsidiaries, affiliates, our partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third-party.

[6.3] You use EDO at your sole risk. EDO is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. Particularly:

a) We do not warrant that EDO will be uninterrupted, timely, secure, or error-free.

b) We do not warrant that the results that may be obtained from the use of EDO will be accurate or reliable.

c) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through EDO will meet your expectations, or that any errors in EDO will be corrected.

[6.4] EDO is only a venue for connecting users. Because of this, in the event that you have a dispute with one or more users, you release Us from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Relationship

[7.1] You do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on our behalf.

[7.2] No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

Reasonableness

[8.1] By using EDO, You agree that the costs, exclusions and limitations of liability set out in this Agreement are reasonable. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE EDO.

Acceptable use

[9.1] You must not use EDO in any way that causes, or may cause, damage to EDO or impairment of the availability or accessibility of EDO; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

[9.2] You must not use EDO to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software.

[9.3] You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to EDO without our express written consent.

Indemnity

[10.1] You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third-party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of this Agreement, or arising out of any claim that You have breached any provision of this Agreement.

Breaches of this Agreement

[11.1] Without prejudice to our other rights under this Agreement, if You breach this Agreement in any way, We may take such action as We deem appropriate to deal with the breach, including suspending your access to EDO, charging you fees to compensate for our lost revenue, prohibiting you from accessing EDO, blocking devices using your IP address from accessing EDO, contacting your internet service provider to request that they block your access to EDO and/or bringing Court proceedings against you.

Severability

[12.1] If a provision of this Agreement is determined by any Court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

[13.1] These terms and conditions, together with the Privacy Policy constitute the entire Agreement between you and Us in relation to your use of EDO, and supersede all previous agreements in respect of your use of EDO.

Termination

[14.1]. You may terminate this Agreement at any time, deleting your account or disabling your application. We may terminate this Agreement or terminate or suspend your right to use EDO or the related service at any time for any-or-no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on EDO, or if we otherwise find that you have engaged in inappropriate and/or offensive behaviour – collectively, "Prohibited Conduct" – by providing you with written or email notice of such termination to the physical or email address you have provided us), and termination will be effective immediately upon such notice. In all such cases, this Agreement shall terminate, but the following provisions will still apply: 3.2, 3.3, 3.5, 3.6, 3.7, 3.9, 3.12, 3.13, 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.

Law, Jurisdiction, Arbitration

[15.1] To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between You and Us, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), You and Us may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or Court proceeding. Such Informal Negotiations will commence upon written notice.

[15.2] If a Dispute is not resolved through Informal Negotiations and You live in the EU, You and Us agree to try to resolve any and all Disputes, using the EU Online Dispute Resolution platform to reach an out-of-court settlement. The EU Online Dispute Resolution platform is developed and operated by the European Commission. The EU Online Dispute Resolution platform is user-friendly, multilingual and accessible to all.

Everything is done in four, simple steps:

(i) You fill in an online complaint form and submits it;
(ii) the complaint is sent to Us;
(iii) Once You and Us agree on an Alternative Dispute Resolution entity to handle the dispute, the EU Online Dispute Resolution platform transfers automatically the complaint to that entity;
(iv) The Alternative Dispute Resolution entity handles the case entirely online and reaches an outcome in 90 days.

EU Online Dispute Resolution website https://webgate.ec.europa.eu/odr/
Our mail: team@edo.io


[15.3] If You do not live in the EU or if a Dispute is not resolved through the European Commission’s Online Dispute Resolution platform, You and Us agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Rules of the Milan Chamber of Arbitration (the Rules), by a sole arbitrator, appointed in accordance with the Rules.

[15.4] Except where otherwise required by the mandatory law of the United States or any member state of the European Union, this Agreement will be governed by and construed in accordance with the laws of Italy, and any disputes relating to these terms and conditions will be subject, in case of Disputes not resolvable through Arbitration, to the exclusive jurisdiction of the Courts of Italy.

Time limitation

[16.1] You agree that any claim you may have arising out of or related to your business relationship with Us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Contact

All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, postage prepaid, certified or registered, return receipt requested, and addressed as follows:

Edo.io Srl
via Aurelio Saliceti 10
00153 Roma
team@edo.io

Your address for such notices is your email address and/or physical address that you have provided to Us.

If you have any questions regarding this Agreement, please contact us.

We may revise this Agreement from time-to-time. Revised Agreement will apply to the use of EDO from the date of the publication of the revised Agreement. Please check this page regularly to ensure you are familiar with the current version.