Terms and conditions

Last Modified: April 14, 2013

Till Always is a platform which safeguards memories of your beloved ones or yourself. Thank you for using and visiting Till Always. These terms of service (the “Terms”) govern your access to and use of Till Always’ (“we” or “our”) websites and services (the “Services”), so please read them carefully before using the Services or visiting our platform.

By using the Services or visiting our platform you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you are agreeing to these Terms on behalf of that organisation and promising you have the authority to bind that organisation to these terms. In that case, “you” and “your” will refer to that organisation.

You may only use the Services in compliance with these Terms. You may only use the Services if you have the power to enter into a contract with Till Always and are not barred from doing so under any applicable laws. The Services may continue to change over time as we refine and add more features. We may modify the Services at any time without prior notice. We may also remove any content from our Services at our discretion.

Your data & Your Privacy

Using our Services means you provide us with information and files, pictures, video, … which you submit to Till Always (together, “your data”). You retain full ownership of your data. We don’t claim ownership for any of it. These Terms do not grant us any rights to your data or intellectual property, except for the limited rights needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your data, for example, hosting your data, or sharing it at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly back up data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).

You are solely responsible for your conduct, the content of your data and your communication with others whilst using the Services. For example, it’s your responsibility to ensure you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that Till Always has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, pictures, condolences or any other information you may be able to access using the Services.

Sharing Your data

The Services provide features which allow you to share your data with others, or to make it public. There are many things users may do with that data (for example, copy it, modify it, re-share it). Please carefully consider what you choose to share or make public. Till Always accepts no responsibility for that activity.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others, or might need permission from family or relatives in order to use or publish it. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Till Always, will be fully responsible and liable for what you copy, share, upload, download or otherwise use whilst using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Till Always, are responsible for maintaining and protecting all of your data. Till Always will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 14 years of age. By agreeing to these Terms, you are confirming you are over 14.

Account Security

You are responsible for safeguarding the password you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify Till Always of any unauthorised use of your account. You acknowledge that if you wish to protect your transmission of data or files to Till Always, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Till Always Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. Whilst we appreciate users sending us feedback, please be aware we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark and other laws. These Terms do not grant you any rights to use the Till Always trademarks, logos, domain names, or other brand features.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services and will only use the Services in a manner consistent with the Till Always Acceptable Use Policy:

probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, Till Always (or our service providers’) computer systems;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
plant malware or otherwise use the Services to distribute malware;
access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
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;
promote or advertise products or services other than your own without appropriate authorization;
impersonate or misrepresent your affiliation with any person or entity;
abuse Till Always referrals to get more credit for referrals than deserved;
publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
violate the law in any way, or to violate the privacy of others, or to defame others.
publish harmful or inappropriate or unlawful content as profile, memory or condolences
publish wrong of fake information
publish information or data that is unlawful or in conflict with legislation

Copyright

Till Always respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are sent in to us properly. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent to notify of an alleged copyright infringement on the Services is: Till Always bvba info@Till Always.com. You can report a copyright infringement by sending an email to info@tillalways.com with infringement as the subject and you will receive our brief reporting instructions.

Termination

We reserve the right to suspend or end the Services at any time, with or without cause and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way which could cause us legal liability or disrupt other people’s use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend with immediate effect.

Till Always is Available “AS-IS”

Even though we want to provide a great service, there are certain things about the service we can’t guarantee. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Till Always accepts no responsibility for any harm to your computer system, loss or corruption of data, or other harm resulting from your access to or use of the Services or Software.

Pricing Terms and Conditions

Till Always offers you the possibility of trying out the platform free of charge for three months. A one off payment of 60 euros will prolong the use of our Till Always service after this trial period. Till Always accepts credit cards and will automatically charge 60 euro to your credit card after the three month trial period. You may cancel your payment during the trial period, but by doing so the Till Always service will end for your data. Each profile is subject to storage limitations described on the platform. Promotional voucher codes may be used. All fees and charges are non-refundable and there are no refunds or credits.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Till Always, 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 Till Always HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF €20 OR THE AMOUNTS PAID BY YOU TO Till Always FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Till Always cannot be held responsible for damages due to force majeure and for the general (temporary) malfunctioning of the service.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you if a revision, at our sole discretion, is material (for example via email to the email address associated with your account). Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. Please stop using the Services if you do not agree to the new terms.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ANTWERP COURT HOUSES AND LAW. ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF ANTWERP CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Till Always with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Till Always’ failure to enforce a provision is not a waiver of its right to do so at a later stage. If a provision is found to be unenforceable, the remaining provisions of the Agreement will remain in full force 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 and any such attempt is void, but Till Always may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services. Till Always and you are not legal partners or agents; instead, our relationship is that of independent contractors.