TERMS AND CONDITIONS
By using McFile products, software, services or the McFile website, a service offered by McFile GmbH, you agree to the Terms and Conditions below stipulated. These Terms and Conditions cover all products, software and services offered, now or in the future, by McFile GmbH, below individually and collectively referred to as “Services”.
These “Services” are exclusively offered to persons over the age of 18, or minors emancipated according to law. Each user is solely and personally responsible for all content stored or shared through the “Services” and for all related consequences. As a condition of your use of the Services, you agree not to use them for any illegal or prohibited by law activities. You also agree to and abide by all of the Terms and Conditions hereunder.
You agree to notify McFile GmbH immediately if you observe unauthorized use of your password or account or any breach of security.
McFile Gmbh is constantly perfecting its “Services”, which is why they may have errors. McFile Gmbh can make changes to your “Services” at any time and without any prior notice to your users. As with any service, McFile Gmbh guarantees the reliability of its “Services”, but does not guarantee the security of the data of its users. Despite the great efforts made by McFile Gmbh, there is no 100% reliable and safe service.
You are aware and expressly agree that:
- Your use of the “Services” is at your own risk. The “Services” are provided “as-is” and “as available”. To the extent permitted by law, McFile Gmbh expressly disclaims all responsibility, warranties or conditions of any kind, whether expressed or implied, including, but not limited to, implied warranties and market conditions, adaptation to a particular proposal and non-infringement;
- McFile Gmbh does not guarantee that: (i) the “Services” will meet your needs; (ii) The “Services” shall be uninterrupted, timely, secure or error-free; (iii) the results obtained from the use of the “Services” will be accurate or reliable; and, (iv) any errors in the software will be corrected;
- Any material downloaded or otherwise obtained through the “Services” is obtained at your sole discretion and risk, and that you will be solely responsible for any damage to your computer system or any other device, or loss of data that may occur as a result of the download of any material;
- McFile Gmbh shall not be liable for any confidential material that is accidentally released as a result of a security breach;
- The “Services” hereby contracted do not include access to the Internet in any way. In this way, the User will be fully and exclusively responsible for obtaining the equipment, software and services necessary to guarantee his connection to the Internet and the McFile website that provides access to the “Services”.
Intellectual Property and License Rights
The “Services” and any software used in connection with these “Services” contain proprietary and confidential information that is protected by intellectual property rights and other applicable laws. McFile GmbH grants you a limited, personal, non-transferable, non-exclusive license to use the McFile software or its utilities and their documentation, to the extent that they are provided by the Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works, construct a product using similar ideas, functions or graphics to transfer or sell any information, software, products or services.
You agree that McFile GmbH, its parent companies, subsidiaries, officers and representatives may not be held liable for any third party claims arising out of your use of the McFile Services, breach of the Terms or any actions relating to the use of McFile services GmbH, including any liability or expense arising from claims, losses, damages (direct and consequential), lawsuits, judgments, costs of proceedings and legal fees, of any kind and nature. In this case, McFile GmbH will notify you in writing about the complaint, legal action or procedure.
Upon termination of any “Services”, you agree that in the event that you need assisted withdrawal of your information, there will be costs varying depending on the complexity of the withdrawal and the time spent.
Modification of the Terms and Conditions of the “Services”
McFile GmbH reserves the right to revise and amend this Agreement at any time and you are responsible for regularly reviewing the current Terms and Conditions. Continued use of the “Services” after such changes represents tacit consent of the user with all new Terms and Conditions. These Terms and Conditions were prepared on December 3, 2018.
This Agreement shall be regulated, in all its terms and conditions, by the law in force in the Canton of Zug, in the Swiss Confederation. All actions brought under this Agreement shall be brought in Zug, in the Swiss Confederation.