Terms of Use

Introduction

This Terms of Use agreement ("Agreement") is a legal agreement between you ("End-User") and Evermore Labs SRL. This Agreement governs your acquisition and use of our Raid Plaza software ("Software") directly from Evermore Labs SRL or indirectly through a Raid Plaza authorized reseller or distributor ("Reseller"). For the purposes of this Agreement, Resellers primarily include, but are not limited to, Google and Apple. Resellers and reseller subsidiaries are also third-party beneficiaries of this Agreement and, upon acceptance, they will have the right (and will be deemed to have accepted the right) to enforce this agreement against the end user as a third-party beneficiary thereof.

Please read this Agreement carefully before completing the installation process and using the Raid Plaza software. By clicking "accept" or installing and/or using the Raid Plaza software, you confirm your acceptance of the Software and agree to be bound by the terms of this Agreement. Additionally, you agree to comply with any applicable terms of use of third parties associated with the Software.

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 and its affiliates to these terms and conditions. If you do not have such authority or do not agree with the terms and conditions of this Agreement, do not install or use the Software.

By accessing or using the Software, you acknowledge and agree that you are not located in, under the control of, or a national or resident of any country or territory that is subject to United States sanctions or embargoes, or that has been designated by the United States Government as a "terrorist supporting" country. Similarly, you affirm that you are not located in, under the control of, or a national or resident of any country or territory that is subject to European Union sanctions or embargoes. If you are accessing the Software from any such restricted country or territory, you are prohibited from using or accessing any part of the service.

These Terms of Use were last updated on July 9, 2024. Evermore Labs SRL reserves the right to modify these terms at any time. It is your responsibility to review these terms periodically. Your continued use of the Software following the posting of any changes will constitute your acceptance of such changes.

License Grant

Evermore Labs SRL grants you a personal, non-transferable, non-exclusive license to use the Raid Plaza software on your devices in accordance with the terms of this Agreement. You are permitted to load the Raid Plaza software on devices under your control, provided that you comply with the usage rules of the device manufacturer. You are responsible for ensuring your device meets the minimum requirements of the Raid Plaza software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate, or change the whole or any part of the Software, nor permit it to be combined with or incorporated into any other software, nor decompile, disassemble, or reverse engineer the Software.
  • Reproduce, copy, distribute, resell, or otherwise use the Software for any commercial purpose.
  • Allow any third party to use the Software on behalf of or for the benefit of any third party.
  • Use the Software in any way that breaches any applicable local, national, or international law.
  • Use the Software for any purpose that Evermore Labs SRL considers a breach of this Agreement.

Intellectual Property and Ownership

Evermore Labs SRL retains ownership of the Software as originally downloaded by you and all subsequent downloads of the Software. The Software, including any modifications made thereto, and all intellectual property rights in the Software, are and shall remain the property of Evermore Labs SRL. Evermore Labs SRL reserves the right to grant licenses to use the Software to third parties.

In the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Evermore Labs SRL, not the Resellers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim

User Accounts and Responsibilities

You may need to create an account to access certain features of the Software. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Service Uptime and Availability

Evermore Labs SRL does not guarantee the continuous, uninterrupted, or error-free operation of the Software. There may be times when the Software is unavailable due to maintenance or other reasons. Evermore Labs SRL reserves the right to terminate the service and this Agreement at any time, for any reason, without notice. In such an event, you must cease all use of the Software, and Evermore Labs SRL will not be liable for any damages or losses resulting from the termination.

Termination

This Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Evermore Labs SRL. It will also terminate immediately if you fail to comply with any term of this Agreement. Upon such termination, the licenses granted by this Agreement will immediately terminate, and you agree to stop all access and use of the Software. Provisions that by their nature continue and survive will survive any termination of this Agreement.

Limitation of Liability

To the fullest extent permitted by law, in no event shall Evermore Labs SRL be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Software.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Software.
  • Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Software by any third party.
  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Software.
  • The defamatory, offensive, or illegal conduct of any third party. Evermore Labs SRL does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Software or any hyperlinked website or service and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Product Warranties and Reseller Liability

Evermore Labs SRL is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. This Agreement provides that, in the event of any failure of the Software to conform to any applicable warranty, the End-User may notify the Reseller, and the Reseller will refund the purchase price for the Software to that End-User. To the maximum extent permitted by applicable law, the Reseller will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be your sole responsibility.

Evermore Labs SRL, not the Resellers, is responsible for addressing any claims of the End-User or any third party relating to the Software or the End-User’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Evermore Labs SRL, not the Resellers, is responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement, or as required under applicable law. The Resellers have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Governing Law

This Agreement, and any dispute arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the laws of Italy. If you are located within the European Union, you may also have rights under EU law which apply in addition to, and do not limit, any rights you may have under Italian law.

Contact

For additional information or inquiries, please contact us at:

Evermore Labs SRL

Via Domodossola, 17, 20145 Milano

info@evermorelabs.io