Terms & Condition

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BY USING NAMÁRIË (THE “SERVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE ENSURE YOU READ THEM CAREFULLY.

USING NAMÁRIË (OR OUR GENERAL TERMS)

We provide the Service on software we have developed, participated in the development in, as well as software that was developed by third parties. There are no proprietary components that would stop you from migrating your messages and other personal data from Namárië to any other server.

You are our valuable customer. All of the Service is paid for by your annual fee. There are no third party revenue streams, and no selling of personal data. We are at your service for as long as you need us.

Just like us, you have obligations too. These include, amongst others, the payment of your fee, according to the price list and to use this service only as permitted by law. You are therefore responsible for all content posted and activity that occurs under your account (even when content is posted by others who have logged in using your username and password). We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.

When setting up an account with us, use it for it’s intended goal. Do not abuse this Service to invade the privacy and violate the rights of others. Abuse includes (but not limited to) the sending of unsolicited email (spam) or providing a false identity with the purpose to disseminate (false) messages. Everything you do with our service, that is obviously not intended for it’s purposes, is construed as abuse.

You agree to keep your account password and uploaded information confidential and not share it with any other person. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. If you learn of unauthorized use of your password or account, please contact us immediately.

Apart from the regular and other messages needed for a correct functioning of your account as selected by you during or after your sign up with Namárië, we may at times inform you about service windows and administrative matters. We will try to keep that mandatory communication to a minimum.

If you violate the terms and conditions of this Agreement, Namárië may seek to rectify the situation, including suspension and/or discontinuation of your account. We will aim to be fair and proportionate. Also, Namárië reserves the right to take steps belatedly against violations even if we decided to take no immediate measures.

EFFECTIVE DATE, TERM AND TERMINATION

This Agreement takes effect with the electronic confirmation of your subscription issued by Namárië to you. There is no difference between a free or paid account in this regard.

This Agreement shall remain in force for an indefinite period of time. It can be terminated by either Party with (almost) immediate effect. But as we hold your data until the end of your subscription period, no refund for unused time is given. This data retention is not the case when you ended the Subscription manually. But still, no refunds here too.

Keep in mind that you are solely responsible for properly terminating your account. Usually this is done by simply dying. Huh? Yes, we know this sounds a bit harsh, but that is the way it works. (We never lost clients because they were not happy with our Service. We lost them as part of our Service).

This form of termination is regretful, but still the easiest way. Our system (Service) was designed to do exactly that. Not replying within three hours after the Post Mortem message has been sent, is legally construed as a termination. Remember, we now assume you checked out permanently, so you’re unfortunately no longer in need of our Service. We thank you for being a client with us ‘till the end and wish you a safe journey to where ever your personal believes shall bring you.

Three hours after the last Post Mortem message is sent, the planned release by the Service of your messages and files will commence. At the same time, your account has become inaccessible for you. All attempts to access your account after this three hour window, will be logged. Should you, for any reason, not be dead after all, we will be very happy and will welcome you as a new client. We suggest that you get in contact with support@namarie.com

An email or phone request to cancel your account is not considered a termination. Apart from not responding on the last Post Mortem message, you can terminate your account at any time by clicking on your Account. The Account screen provides a simple no-questions-asked termination link. After confirmation by you through an email or text (SMS) message, all of your content will immediately be inaccessible from the Service. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.

If you cancel the Service 30 days before the end of your current paid up year, your cancellation will take effect immediately, and you will not be charged again. Failure to terminate your account, at least 30 days prior to the end of your current subscription, will automatically result in continuation of your subscription, based on the current plan.

Should we (only) decide to no longer accept you as our client, we will let you know the reason for it. It is however, a decision Namárië is making and because we’re not taking such a step lightly, you have to come up with a very good reason for us to change our mind. If we persist, it will result in deactivation of access to your Account, termination and subsequent deletion of your files and Account. No refund is given.

DATA PRIVACY AND SECURITY

This Service is subject to the national laws of The Netherlands (EU) and we do our best to provide you with the maximum level of privacy in this legislation. That means there will be no access to your data by third parties without a duly authorized warrant issued by a Dutch judge. Check our Privacy Policy for additional information.

We will only keep the minimum of logs and debug information necessary to ensure that we can improve the service and resolve issues that may have occurred. The Service employs a state-of-the art security-centric design of which we make use of to provide the Service.

WARRANTIES AND DISCLAIMERS

We provide our Service using a professionally and commercially determined level of skill and care to the best of our means and resources available to this service. Other than as expressly set out in these terms, Namárië does not make specific promises about the Service.

Namárië reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.We are not liable to you or to any third party for any modification, suspension or discontinuance of the Service.

This includes in particular the data within the Service, the specific functions of the Service, or its reliability, availability, or ability to meet your needs. We provide the services “as is”.

Namárië disclaims the warranties that the data is free of defects, virus free, and able to operate on an uninterrupted basis or that errors in the data will be corrected.

The implied warranties that the data is of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing, unless such implied warranties are legally incapable of exclusion.

We provide technical support via email only.

LIABILITY

To the extent permitted by the law, the liability of Namárië and its staff for lost profits, revenues, or (personal) data, financial losses or any other indirect, special, consequential, exemplary, or punitive damages is excluded. In particular, our liability for slight negligence, as well as our liability for auxiliary persons, is excluded.

To the extent permitted by law, the total liability of Namárië for any claim under these terms, including for any implied warranties, is limited to the amount paid in the past year of usage of the service.

Namárië shall not be liable for any indirect, special, incidental or consequential damages of any nature arising out of the possession of, use of, or inability to use the data, including, without limitation, lost profits, loss of goodwill, work stoppage, data loss, or computer failure or malfunction, even if advised of the possibility of such damages, and regardless of whether the claim or liability is based upon any contract, tort, breach of warranty or other legal or equitable theory.

INDEMNIFICATION

You will indemnify and hold harmless Namárië, our affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorneys’ fees.

COPYRIGHT AND CONTENT OWNERSHIP

The look and feel of the Service and the Service itself, is copyright© of Namárië B.V. and we reserve all rights.

You retain ownership of your Content. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.

Namárië does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that become available via the Service.

We do not appreciate you in making (or in legal terms, you may not) duplicate, copy, or reuse any portion of the code, be it PHP, HTML, CSS, JavaScript, or any other used language. Neither are you allowed to use any text, content or visual design element of the Service without express written permission from the Company.

CHANGE IN TERMS AND / OR PRICING

These terms and the Service prices may need to be modified in the future to adjust to changes in the Service, to adhere to applicable legislation or to reflect economic necessities.

When we change terms or prices, we will notify you by email to your main account in this Service. After sending out that email, you have 15 days to respond by informing us that you disagree and give us notice that you will terminate this agreement regardless of the remaining duration you had agreed to under the previous terms. No refund is provided for any unused time. In case of continuation of use, 15 days after the date of notification of said change, will constitute agreement to the new terms.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

This Agreement constitutes the entire agreement between the Parties regarding this subject matter. If any part of these terms shall be deemed invalid or unenforceable that part shall be replaced by a valid, enforceable term that comes closest to the intended meaning and leave the remainder of these terms unaffected.

Applicable law and disputes

These terms are subject and governed by the laws of The Netherlands (EU). Disputes arising under or in connection with this Agreement shall be exclusively subject to the jurisdiction of the courts of The Netherlands (EU).