This license governs the use of the Fiabee software ("Software", "Fiabee"), and your use of Fiaee software constitutes acceptance of this License Agreement. This license governs the use of Fiabee software by you (referred to as "you", "licensee"). You must agree to all points in order to install and/or use Fiabee software. This License Agreement is a legally binding contract between you (as licensee) and Fiabee (referred to as "we", "us", "licensor").
By creating a new user on the website www.fiabee.com and/or installing and/or running Fiabee software you agree to accept this License Agreement. Hereafter the company providing the services will be referred to as 'Fiabee'.
1. Acceptance of the general conditions of the service
Pressing the "Download Fiabee" or "Create user" button of the application attributes the condition of 'User' of the service and expresses the complete acceptance, without reservations, of the Conditions of the Fiabee service. The latest version of the license agreement can be found at www.fiabee.com.
Before applying for the communication campaign, carefully read the Conditions, which regulate the provision of the service and include its characteristics.
Fiabee reserves the right to unilaterally alter or substitute the present License Agreement in the event of new economic and/or marketing circumstances which necessitate the amendment, evolution and enactment of laws, regulations and rules applying to the provision of the Service and/or aspects connected to them.
In all the unforeseen events in the previous paragraph, Fiabee will announce the existence of new License Agreement on its webpage.
2. Object of the contract
The object of the License Agreement is to regulate the contractual terms for the Fiabee service.
3. The Fiabee service
Fiabee is an automated service to safeguard information remotely via the Internet. With Fiabee the "User" can store a copy of the files and folders he chooses from his PC or laptop internal Hard Drive on one of Fiabee’s servers in the Internet Data Center (IDC) with which Fiabee has agreed to allocate their servers to provide such service.
The use of the service requires prior download and correct installation of the Fiabee software on the computer of the user. The user must select proactively the folders or files you want to Fiabee copy on its servers. The details of how to do this is described in the section "FAQs" in the web www.fiabee.com.
3.3 Using the Fiabee service
At the moment the software is properly installed and configured, the user may carry out the copy of your files according, once he has selected proactively folders or files to be copied.
Fiabee permit copying of information stored on the internal hard drive of the PC or Laptop user. Fiabee do not allows to copy information stored on network drives, NAS, external USB, external Hard Drives or any kind. In the event that, not being authorized the user stores external drive information, Fiabee may, without prior notice, suspend the service immediately. This applies both for paying or freemium users.
The freemium accounts will not be backing up the following file type:
.exe or executable files, .dll, .ocx, .bat, .vbs files, specific file attribute system, hidden shortcuts. lnk (except desktop) file. iso and temporary files (ie files in the temporary folder as defined in the system in Windows environment variables TMP and TEMP, usually "% USERPROFILE% \ AppData \ Local \ Temp").
In the event that the user has a paying subscribtion, no initially automatic copy of the executables files (.exe, .dll, .ocx, .bat, .vbs, etc.) will be done. The user, however, can select them manually at any time, being then included in the copy from that action, except in case of system files and folders or hidden that in any case will be backed up.
For technical limitations, the current version of Fiabee not allows copying of files over 250MB individually.
3.4 Restoring your information
Using software installed on your computer, the user may see the copy of his information at the Fiabee servers and select a single file, several, or an entire folder to be transferred over the network to the internal hard drive of your computer.
Fiabee shall implement reasonable precautions to prevent any unauthorised access by third parties to any part of the platform that provides the service to the customer, but Fiabee shall not be liable for any loss or damage sustained by the Customer in the event of any unauthorised access in spite of Fiabee’s reasonable precautions. Fiabee also will make all reasonable efforts to try to ensure the availability and accessibility of the Service twenty-four (24) hours per day for every day of the year.
Fiabee may temporarily interrupt access or availability to the Service by User for security reasons or restructuring of their IT resources to improve delivery or configuring them. In any case, Fiabee will make every effort to ensure that such interruptions minimally affect the user. Fiabee not be held liable for any interruptions of service, given as a result of "force majeure" events, or causes that are beyond their control.
3.7 Customer Services
Customer Services will be carried out by the "FAQs" section at www.fiabee.com
The provision and maintenance of contracted services, shall be considered, in any case, subject to the strict compliance by the User of the terms contained in the Contract Conditions or in your case, any others that may result from its modification. In particular, as a rule, the User is obliged, in connection with the Services to:
(a) Act always in accordance with the law, morality and the requirements of good faith, using the appropriate diligence to the nature of the contracted Service, refraining from using the Service in any way that would impede, damage or impair the normal operation of the service, the rights of Fiabee or the rest of their users and / or generally of any third party.
(b) To observe all rules and conditions that Fiabee may impose on the use of equipment, systems and resources in order to provide optimum and adequate service.
(c) Do not use the equipment, systems or resources Fiabee or contracted services themselves, to carry out activities contrary to law, morals, or public policy. Likewise, the User agrees not to use the Service for illegal purposes, prohibited or harmful and interests of others, declining Fiabee any liability which might arise in such events.
The User shall not conduct activities through the Service contracted, involving the infringement of the rules on telecommunications, intellectual property, industrial property, competition, unfair competition, advertising, protection of the rights to honor, personal and family privacy, self-image, privacy, personal data protection, freedom of expression, freedom of opinion, freedom of information, or other rights of similar nature.
5. Cancellation and suspension of the Service
5.1 Cancellation of Service
Fiabee reserves the right to cancel, suspend or stop automatically the contracted services in the event the User has engaged in any conduct described in the preceding clause or any other of similar significance. This does not in any way means that Fiabee assumes any obligation to monitor the proper use of the Service. Cancellation of the service does not result in any case in refund of quotes or tax paid by the user until that time, in whole or in part, even if he had not finished enjoying the contracted period.
5.2 Service modification
Provided is not going to be modified the financial terms or substantially the service the levels agreed Fiabee reserves the right to modify unilaterally and without prior notice, the terms and conditions of the agreement as a result of: (a) the technical development of the market ( b) any technical improvement, functional and operational to allow an improvement in the provision of the Service, (c) new economic and / or commercial conditions that recommend so, or (d) of the evolution of laws, regulations and implementing rules that applies to the Service and / or questions related to them.
In cases not described in the preceding paragraph, Fiabee will notify using the email address provided by the user for the provision of service, the new Terms of the Agreement. In the event that, within ten (10) days after notification of the new conditions the User rejects the new conditions in writing, the Service shall terminate automatically and immediately. After this time limit with no notice by the users, out the User has indicated otherwise in writing, means that he accepts the new Terms of the agreement.
5.3 Cancellation of freemium inactive accounts
Fiabee offers the possibility to store 2 GB of completely free. Fiabee reserves the right to terminate your service at any time free accounts and all data stored on it, without prior notice, if it remains inactive for a minimum period of 90 calendar days from the date of user registration in the Fiabee web.
6.1 Price of the 'Give Fiabee as a Gift' Campaign
The 'Give Fiabee as a Gift' campaign is a communication campaign with the sole objective of making the Service and its characteristics known, and so it is free. Consequently Fiabee has no obligation, under the present communication campaign, to provide the user with the Service following the launch of same. Following the launch Fiabee will decide, and communicate on its webpage, the amount it considers adequate for the effective provision of the services described, which will be governed by particular conditions that differ from those currently available.
No penalization is envisaged for the failure or delay in delivery of the 'Give Fiabee as a Gift' card described in the campaign.
7. Duration and termination
7.1 Period of validity
The relationship established between the user and Fiabee by the 'Give Fiabee as a Gift' campaign will end either on the date of the launch of the back-up copy service, or once payment has been made by the user for provision of the same.
In the event that Fiabee postpones the launch of the product, the dates of the aforementioned campaign will be extended accordingly. The new dates will be published on the webpage www.fiabee.com
8.1 Third parties
The client is solely responsible in the face of any reclamation or legal action, judicial or extra-judicial, initiated by third parties against either the client or Fiabee, relating to the infraction of third parties' rights and/or the applicable rules deriving from the illicit use of business promotions or of personal information, with the client assuming all expenses, costs and compensation payments caused to Fiabee as a result of such reclamations or legal action. This is applicable even if Fiabee was previously advised at the beginning of the service provisioning.
Except in the event of fraudulent acts, Fiabee will, in no circumstances, be responsible for damages, loss of business, income or profits, consequential damage, lost profits, deterioration or destruction of information which could be derived from the use of its service.
Fiabee is exonerated of any kind of responsibility to the Client, their clients and third parties in the event that the anomalies are the result of actions or omissions directly attributable to the Client, their clients, contractors, tenants, representatives, assignees or employees, or persons reporting to them or in their service.
Fiabee is not involved in the creation, transmission, or the provision of information that could be distributed, provided, stored, received, obtained, made available or accessible over or through the equipment, systems and / or resources available to the user by the Fiabee software, not exercising any control nor guarantee the legality prior, dependability and utility of the same, declining therefore any liability which could be derived.
User therefore exonerated Fiabee from any liability related to such information or services. Fiabee expressly disclaims any liability whatsoever in connection with the introduction of equipment and / or user systems and / or information of computer programs or foreign material containing a sequence of instructions or indications which may cause harmful effects to the User's computer system including, without limitation, "computer virus", "Trojans", malware, spyware, adware, bugs in functionality and operability ("bugs"), "time bombs, cancelbots , etc.
9. Limitation of Liability
In no event will Fiabee be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising from the use of Fiabee service, or inability to access or use, the site, content, files and/or services, or for any error or defect in the site, content, files or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not Fiabee has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.
Fiabee will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the site or through the services and/or the files, or if your data is lost, corrupted or exposed to unintended third parties.
In any case, the parties agree that the maximum amount of liability that could be attributed to Fiabee under this Agreement shall be given by the total amounts paid by way of provision of the Service during the course of a maximum of the last 3 months of paid service.
Subject to the provisions of the preceding paragraph, the responsibility of Fiabee in connection with this Agreement does not cover any consequential damage or loss of profit, if any, causes the user. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Fiabee and you.
10. Force Majeure
Fiabee will not be responsible for delays or faults produced in the running of the communication campaign which originate from damage caused by natural catastrophes such as earthquakes, floods, lightning strikes or fire, cases of force majeure, extreme emergency situations such as war, military operations, civil disturbances, strikes, lockouts, or circumstances beyond their reasonable control.
The Client recognises the ownership of Fiabee or of its respective legitimate owners in respect to all the rights of copyright, industrial or other similar rights over any elements, technology, IT equipment, computer programmes, data-bases, know-how, brands, logotypes, and any other element they own.
12. Information required
13. Collection of Information
All notifications, requirements, agreements, consents, acceptances, approvals or communications necessary to comply with the license agreement, or those which, one way or another, relate to the same, are considered entirely effective and valid when in writing and sent to the following addresses:
Fiabee: by email to the address given by the user in the registration form for the communication campaign.
The customer: to the email address firstname.lastname@example.org, clearly indicating the personal information in question so that Fiabee can identify it correctly.
The Client cannot cede, transfer, mortgage or substitute in favour of third parties the present contractual relationship, nor the rights and obligations derived from the same, without previous written consent from Fiabee. In any event, the Client who cedes their Contract will be jointly responsible with the assignee for all the obligations derived from the Contract, including the formalisation of the corresponding guarantees. Fiabee can cede the present Contract, or any of the rights or obligations deriving from the same, to third parties without having to notify or communicate with the Client.
Fiabee can contract and/or sub-contract third parties whenever they consider necessary in order to carry out, through them, any or all activities needed to maintain, update, improve or provide the Service.