Terms and Conditions

End User License Agreement

The end user agreement is included when registering for a Diino account. The document is posted here for your reference.


1. About this agreement
This End User License Agreement along with our Privacy Policy and any other policies or guidelines posted on the Diino website or in the Service (“the Agreement”) is a legal agreement between you, either an individual or a single legal entity (“User”) and New Diino AB, Grev Turegatan 3, 4tr, 114 46 Stockholm, Sweden, VAT SE556910901901(“Diino”). Please read this agreement carefully.

The following terms and conditions governs the User’s registration, access and use of the Diino Private Online Backup and Storage and all additional services provided by Diino under this Agreement; such as but not limited to software, Diino e-mail, music streaming, web publishing, up- and downloading of files etc (“Services”). Online Backup and Storage may be purchased by the User through an authorized distributor of the Service (“Supplier”) or directly through Diino, as is provided for herein.

The User accepts the terms of this Agreement by:

a) clicking on Buy during registration; or

b) by actually using the Service. In this case the User understands and agrees that Diino will treat User’s use of the Service as acceptance of the tems from that point onwards.

If the User does not agree, the User may not use the Services

2. License
a. Grant of License
Diino grants User a non-exclusive, non-transferable license to use the Service solely for its own internal purposes during the Term. User shall not allow any third party, to delete or permit to be deleted any identifying marks, copyright or proprietary right notices of Diino in the Service. User shall not directly or indirectly (i) modify or create any derivative works of the Service; (ii) translate, decompile, nor create nor attempt to create, by reverse engineering, the source code from the object code supplied hereunder, or adapt the Service in any way, other than to such extent this is permitted under mandatory law; (iii) redistribute, encumber, sell, rent, lease, sublease or otherwise transfer or provide access to any third party to any part of the Service except as expressly granted herein. User shall be permitted to copy the object code of the Service for backup or archival purposes and to distribute the copies, solely for the purposes of accessing the Service through User’s Account or to access User’s Data. It is the responsibility and obligation of User to control the distribution of the Service to its intended Diino Account. Provision of access to the Service by the User or through User’s Account shall be subject to all the terms of this Agreement and shall be the responsibility of the User. Any violation of this Agreement through the use of Service shall be the responsibility of User. Should the User grant access to the Account or to the Service to any third party, the User remains responsible for that the Service is used accordingly to this Agreement. All rights not expressly granted by Diino to User are retained.

b. Proprietary Rights
This Agreement grants User no title or rights of ownership to the Service. Diino retains title in and to the Service and any compilations and/or derivative rights thereof, including, without limitation, all additions and/or supplements thereof, therefore and all rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights inherent therein and/or appurtenant thereto. User shall not, by virtue of this Agreement or otherwise, acquire any proprietary rights whatsoever in the Service hereunder, and User acknowledges that the Service is the confidential information of Diino and the sole and exclusive property of Diino. Any right not expressly granted to User by this Agreement is hereby expressly reserved by Diino. In the event that any changes, modifications, additions and/or alterations (collectively “Changes”) are made to the Service, User agrees that such Changes shall be the sole property of Diino, unless Diino shall have given its prior written consent to the contrary. User assigns all right, title, and interest to such Changes, to Diino and agrees to execute and deliver to Diino all additional papers and generally do all other and further lawful acts reasonably deemed necessary by Diino to perfect or otherwise register Diino’s interest therein.

3. Service Provisions
3a. Use of Account

Activation- To activate the Account, User must complete the registration process by providing Diino with current, complete and accurate information as prompted by the registration form. In registering for the Service, User agrees to submit accurate, current and complete information and promptly update such information. Should Diino suspect that such information is untrue, inaccurate, not current or incomplete, Diino has the right to suspend or terminate User’s usage of the Service. Any personal data the User provides to Diino will be processed under the terms of Diino’s Privacy Policy

3b. User’s Responsibilities
When using the Service the User may upload electronic data, information or other material (“Data”). Diino does not own Data submitted to the Service or otherwise stored in User’s Account. Diino will not monitor, edit, or disclose any information regarding User or its Account, including any Data, without User’s prior permission except in accordance with this Agreement or law. Diino may access User’s Account, not the Data, to respond to service or technical problems or as otherwise stated in this Agreement. User, not Diino, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Diino shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. Diino has no obligation to monitor the Service or any User's use thereof or retain the content of any user session. However, Diino shall have the right to at all times monitor, review, retain and/or disclose any information or files necessary, or to grant access to the Data to government agencies, in order to satisfy any applicable law, regulation, legal process, governmental request or this user Agreement. The User agrees to indemnify, and hold Diino harmless from and against any and all losses arising out of third party claims resulting directly from the material breach by the User of this Agreement or law.

User is solely responsible for any and all activities that occur under the Account. For security reasons, User should exit or log-off from the Account at the end of each session of use. User is responsible for maintaining the confidentiality of any activation code(s) User is given to access the Service, and is fully responsible for all activities that occur under User’s activation code(s) or User’s password(s). User agrees to notify Diino immediately of any unauthorized use of User’s Activation Code(s) or password(s) or other breach of security that is known or suspected by User. Diino shall not be responsible for any unauthorized access to, or alteration of, User’s transmission of Data, any Data sent or received, regardless of whether the Data is actually received by Diino or results from User’s failure to abide by this Agreement.

3c. Compliance
User agrees not to use the Service to:

(a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

(b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;

(c) transmit through or post on the Service unlawful, sexual or otherwise harassing, libellous, abusive, harassing, tortuous, defamatory, threatening, harmful, abusive, libellous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;

(d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

(e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as, for example Trojan horses, worms, time bombs, cancel bots;

(f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;

(g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

(h) harass or interfere with another user's use and enjoyment of the Service; or

(g) operate or promote any business which competes with the Services or any service bureau type business under which it would resell similar services.
In addition, User agrees to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service.

4. Term and termination of the Agreement
4a. Term

When the user has made the yearly subscription payment for the service to the provider, for the first year’s subscription, the subscription period will begin on the payment date and will be terminated at the request of the user. The subscription period will be automatically extended for a period of twelve (12) months at the end of every subscription period. The user will be automatically charged according to the then valid price for the service at the beginning of the new subscription period.  If the user does not wish to extend the subscription period, (s)he can do so by contacting Diino at least 24 hours before the end of the current subscription period by using a suitable link within the service (support@diino.net).

If User are using the Trial Services, Diino will terminate the Servicewhen the Trial period ends and the User has not upgraded to a Paid Service. If a User using the Trial Service do not upgraded to a Paid Service within one [1] month Diino reserves the right to delete the Account and all Data the user have stored while using the Service.

4b. Purchase of additional Storage

User can purchase new Storage from Diino at any time during the Term by contacting Diino through the appropriate link within the Service. The purchase of new Storage from Diino replaces old storage; therefore, if new Storage is purchased by User the total Storage purchased is equal to the newly bought Storage amount and not the sum of the initial Storage plus the additional Storage purchased by User. In the event of purchase of new Storage by User, the one-year term for the Account shall be deemed renewed as of the date of purchase of such new Storage with an appropriate credit for the time remaining in the Term of the Storage amount existing before the purchase of new Storage.

4c. Termination of the Agreement
Diino may terminate this Agreement at any time with [one] months notice. In either case, upon termination of an Account, User’s right to use such Account and the Service immediately ceases. Diino shall after termination of the Agreement have no obligation to maintain any Data stored in the Account or to forward any Data to User or any third party. Should Diino terminate the Agreement or suspend the Service as a whole without reason, Diino will replace the User pro rata the amount paid by the User corresponding to the time left of the Term before the termination of the Service.

If User commits a material breach to this Agreement and does not remedy such breach within 30 days after receiving Diino’s notice thereof, Diino may suspend or terminate the Account or suspend User’s use of the Service. [Should Diino suspend or terminate a User’s account or use of the Service and/or remove and discard any Data, Diino will notify the User through e-mail to the e-mail address provided by the User upon registration.] User’s breach of any of any of the provisions set out in section [3c] of this Agreement shall always be considered to be material and Diino should be entitled to suspend the User’s use of the Services with immediate effect. Upon termination due to the User’s material breach of the Agreement Diino may also remove and discard any Data within the Service and the User is obligated to pay all fees for the time the User has used Service Diino service and in no case will User be entitled to receive a refund of any portion of any fees paid to Supplier or to Diino.

If the Service has been terminated or suspended the User may not be able to collect Data/files stored in the Service. The User acknowledges that a material breach of this Agreement adversely affecting Diino’s proprietary rights in the Service would cause irreparable injury to Diino for which monetary damages would not be an adequate remedy and that Diino shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law.

4e. Changing the Service of the terms of this Agreement

Transfer
Diino has the right to assign this Agreement and / or the right to receive payment under this Agreement.
Diino may, for any reason, change the Service or the terms of this Agreement.

Amendments or additions to this Agreement shall enter into force one month after Diino has sent a notice to the User thereof. Diino, however, reserves the right to immediately make any such amendments which are required by law, statute or decision from a competent authority. If the User does not approve an amendment or addition to the Agreement or Service the User may terminate the Agreement by written notice to the [address]. If the User does not terminate the Agreement the User will be deemed to have approved the new terms.

5. Limitations
EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, DIINO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES. DIINO SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE EXCEPT FOR GROSS NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO CASE SHALL DIINO’S LIABILITY FOR ANY CAUSE OF ACTION WHICH MAY ARISE UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER HEREUNDER FOR THE SERVICE. USER UNDERSTANDS AND AGREES THAT THE REMEDIES, EXCLUSIONS AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NON-CONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY THE UNIFORM COMMERCIAL CODE AND/OR OTHER APPLICABLE LAWS. THE LICENSE HEREIN REFLECTS, AND IS SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.

Diino is not responsible for any delay or loss due to any circumstance outside the control of Diino and that materially and negatively affect the fulfilment of the obligation in question or that causes the fulfilment of the obligation to be overly economically onerous. Diino will use its best endeavors to make sure that the Service is available around the clock, all days of the year. Diino, however, reserve the right to at any time, with or without prior notice, suspend access to Service for maintenance, error corrections, for security reasons and for upgrades of the hardware or software.

6. Provisions that apply in respect of Consumers (B2C Users)

If the User has purchased the Service as a consumer the following shall apply:

The User may within 14 days terminate the Service and be entitled to a full refund of the purchase price. If the User wishes to terminate the Service within 14 days the User shall send a written notice to Diino at [support@diino.net]. If the User has commence its use of the Service the User no longer have the right to receive refund of the purchase price.

Diino will use its best endeavors to make sure that the Service is available around the clock, all days of the year. Diino, however, reserve the right to at any time, with or without prior notice, suspend access to Service for maintenance, error corrections, for security reasons and for upgrades of the hardware or software.

Diino shall in no event be liable for damages that exceeds the greater of i) SEK [5000] or ii) the amounts paid by User under this Agreement. Diino is not responsible for any delay or loss due to any circumstance outside the control of Diino and that materially and negatively affect the fulfilment of the obligation in question or that causes the fulfilment of the obligation to be overly economically onerous.

7. Miscellaneous
The failure of Diino to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement states the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges all previous proposals of sale, communications, representations, understandings and agreements, whether oral or written, between the parties with respect to the subject matter hereof.. User may not, without the prior written consent of Diino, assign User’s rights, duties or obligations under this Agreement to any third person or entity, in whole or in part. This Agreement will be governed by and construed in accordance with the laws of Sweden and are subject to the exclusive jurisdiction of the Swedish Courts. Should you have any questions concerning this Agreement, or if you desire to contact Diino for any reason, please contact: info@diino.net