My Notes Terms of Service

These Terms of Service provide details on how you can use the My Notes software applications and services, including Desktop application, Cloud Service and mobile applications for Android and iOS platforms made by Inexika, Inc. ("Inexika", "we", "us", "our"). They apply to all users, visitors or any other persons who access My Notes in any manner (“users”).

By using My Notes you agree to be bound by these Terms of Service and to collection and use of your information as given in respective Privacy Policy. If you are using My Notes on behalf of a group or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that group or organization).

My Notes Use

My Notes is a solution to use IBM Notes applications on your mobile devices, such as Android smartphone or iPhone. Our servers securely transmit your IBM Notes Data, such as email messages, between your computer and your mobile device, but IBM Notes data is never stored on any of our servers. You retain all and any ownership and intellectual property rights you have in the content of your IBM Notes Data (see the Copyright section of these Terms of Service for more detail).

You agree to provide accurate information when subscribing for My Notes. You also understand that you’re responsible for any activity in My Notes and for safeguarding any passwords that you use. You agree to use only the information to which you have appropriate permission rights.

Stability of My Notes is important to all our users, so we trust that you use My Notes responsibly, which includes, but not limited to, not to interfere with our services, to access our services using only methods, interfaces, applications and instructions that we provide.

You agree that you cannot:

copy, distribute, or disclose any part of My Notes in any medium
probe, scan, or test the vulnerability of any system or network
breach or otherwise circumvent any security or authentication measures
interfere with or disrupt any user, host, or network, for example: send a virus, overload, spam, or mail-bomb any part of My Notes
plant malware or otherwise use My Notes to distribute malware
send unsolicited communications, promotions or advertisements, or spam
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"
publish anything that is fraudulent, misleading, or infringes another’s rights
impersonate or misrepresent your affiliation with any person or entity
sell, trade, resell or otherwise exploit for any unauthorized commercial purpose
violate the law in any way, or to violate the privacy of others, or to defame others, for example, by sending illegal or defamatory emails with My Notes

We may permanently or temporarily revoke or suspend your access to My Notes without notice and liability for any reason including your violation of these Terms of Service. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.

Who can use My Notes?

You can use My Notes only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Use of My Notes is strictly prohibited for anyone under 13.

Your Data

By using My Notes, you allow My Notes to manage your IBM Notes Data, including, but not limited to any email messages, contacts, notebook entries, calendar entries, and attachments for any of the mentioned items (anything you upload, submit, or transmit through My Notes, collectively “your data”). You retain ownership of any intellectual property rights for Your Data that you hold. These Terms of Service do not give us any rights to your data or intellectual property except for the rights we need to provide My Notes to you, as explained in these Terms of Service. You are responsible and liable for any data you copy, share, upload, download, attach, send, receive, record or otherwise do while using Mailbox, and you represent that your data is actually yours or that you have all necessary rights to use your data on or through My Notes.

My Notes allows you to connect your IBM Notes Data so we can check, process and deliver data on your behalf. Our servers securely transmit your IBM Notes Data to provide you access to the My Notes functionality. By using My Notes, you give Inexika permission to do ac tions that you choose to do with your data, for example, sending or sharing your data as you direct. By using My Notes, you give Inexika the permissions needed to provide My Notes services to you, including extending that permission to trusted third parties that help us to run My Notes (like hosting providers, which hosts our servers). This and other rare exceptions are outlined in our Privacy Policy, which explains details on how we collect and use your data.

Our Software

You are responsible and liable for your data and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using My Notes.

Inexika owns all title, including but not limited to copyrights, in and to our software and any copies.

Privacy and Security

While your privacy is very important to us and we care about the integrity and security of your personal information, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Please review our Privacy Policy, which explains exactly how we collect and store your data.

Software Instances

Use of our software requires you to download a client software packages, including desktop application for your computer and a mobile application (“software instances”). You must have compatible devices to use these software instances, so we cannot guarantee that our software will work on your devices. We grant you a limited, non-exclusive, non-transferable, revocable license to use these software instances, solely for the purposes of accessing your data using My Notes. Your license to use these software instances is automatically revoked if you violate the Terms of Service. You may not copy, modify, distribute, sell, or lease any part of our software, nor may you reverse engineer or attempt to extract the source code of our software. You must not remove or alter any copyright notices on any and all instances of our software.

Marketplaces

You acknowledge and agree these Terms are solely between you and Inexika. It is not between you and Apple as owner of App Store, and it is not between you and Google as owner of Google Play ("respective marketplaces owners" of their "respective marketplaces"). Respective marketplaces owners have no responsibility for My Notes or the content sent or received using My Notes. Your use of My Notes must comply with terms provided by respective marketplaces owners. You acknowledge that respective marketplaces owners have no obligation whatsoever to furnish any maintenance and support services. If My Notes fails to conform to any applicable warranty, you may notify respective marketplaces owners, and they will refund the subscription price of My Notes to you, to the maximum extent permitted by applicable law. Respective marketplaces owners will have no other warranty obligation whatsoever with respect to My Notes, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Inexika as provider of the software. You acknowledge that respective marketplaces owners are not responsible for addressing any claims of you or any third party relating to My Notes or your possession and/or use of My Notes, including, but not limited to: (i) product liability claims; (ii) any claim that My Notes fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Inexika as provider of the software. You acknowledge that, in the event of any third party claim that My Notes or your possession and use of My Notes infringes that third party’s intellectual property rights, My Notes, not respective marketplaces owners, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Inexika acknowledge and agree that respective marketplaces owners, and their subsidiaries, are third party beneficiaries of these Terms of Service as relates to your license of My Notes, and that, upon your acceptance of the terms and conditions of these Terms, respective marketplaces owners will have the right to enforce these Terms as relates to your license of My Notes against you as a third party beneficiary of the software.

Software Upgrades

From time to time, we may issue upgraded versions of our software. You agree that these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in our software and its instances is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and Inexika and our partners and suppliers retain all rights and interest in the software. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.

Modifying and Terminating Service

We are constantly changing and improving My Notes. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change My Notes at any time without prior notice. We may also remove content from My Notes at our discretion.

Indemnity

You agree to defend, indemnify and hold harmless Inexika and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to My Notes, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your data or any that is submitted via your account; or (vi) any other party’s access and use of My Notes with your customer ID, password or other appropriate security code.

No Warranty

We do everything possible to provide you a great service, but we cannot give guarantees on everything. My Notes is provided on an "as-is" and "as available" basis. Use of My Notes and our software is at your own risk. To the maximum extent permitted by applicable law, My Notes and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Inexika and its licensors, do not warrant that the content is accurate, reliable or correct; that My Notes or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that My Notes and our software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of My Notes is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Inexika, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Inexika has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the mounts paid by you to Inexika for the past one month of the service in question. If it is illegal for Inexika to exclude certain liabilities or warranties for you because of your legal jurisdiction, only the said illegal exclusions do not apply to you. If your jurisdiction allows limiting liability for a certain kind of claims or damages but does not allow excluding such liability completely then in no event shall Inexika’s liability for that particular claims or damages, whether in contract, tort or any other theory of liability, exceed the subscription fee paid by you, if any. Those who access or use My Notes do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations.

Changes of the Terms of Service

Inexika may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Inexika in its sole discretion. Inexika reserves the right to determine the form and means of providing notifications to My Notes users, provided that you may opt out of certain means of notification as described in these Terms of Service. Inexika is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Inexika may, in its sole discretion, modify or update these Terms of Service from time to time, and so you should review this page periodically. When we change the Terms of Service in a material manner, we will update the "last modified" date at the bottom of this page. Your continued use of My Notes after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) My Notes.

These Terms of Service constitute the entire and exclusive agreement between you and Inexika with respect to My Notes, and supersede and replace any other agreements, terms and conditions applicable to My Notes. These Terms of Service create no third party beneficiary rights. Inexika’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Service, and any such attempt is void, but may be assigned by Inexika without restriction. Inexika and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Please contact us at [email protected] with any questions regarding these Terms of Service.

Last Modified: February 14, 2014