Terms of services

myfoglio terms and conditions of use (henceforth “Terms”) constitute the basis to be a member of myfoglio. They govern your rights and duties concerning the use of myfoglio. myfoglio reserves the right to change or modify the present Terms or any attached reference document from time to time, if such changes are necessary to comply with laws or regulations affecting the correct provision of the service in any way. Changes shall also be made in the event that further security measures are needed to protect user-generated contents or the service itself. Users can review the most up-to-date version of the Terms at any time at www.myfoglio.com (henceforth “Website”). Information and suggestions shall be published on the Website carefully and professionally: they might nonetheless contain inaccuracies, omissions, gaps, or not be systematically updated.

In this respect, myfoglio reserves the right to discontinue, interrupt and/or suspend the service at any time, temporarily or permanently.myfoglio thus makes no warranty and disclaims all responsibility regarding the content of suggestions and the completeness of information provided.

Please read these Terms carefully before using the service. By accessing or using the service you agree to all terms, conditions and advisories, and to their possible modifications, if these are necessary. Users are responsible for periodically checking for changes in the Terms, in order to improve their knowledge. If you do not agree with these Terms in their entirety, please leave this Website.
myfoglio offers free or paid services as follows :

  • a tool to create invoices, credit notes, delivery notes and similar administrative documents;
  • a non-fiscal support system to forecast the amount of taxes to be paid;
  • a messaging system within and outside myfoglio;
  • a sharing and collaboration tool;
  • a scheduling tool (agenda);
  • an address book;
  • a community tool to research and exchange information;
  • API interfaceable services to interoperate with third systems (reserved to partners and developers);
  • in saas modality, from Swiss-based myfoglio servers.

No liability shall arise on the part of myfoglio for the performance of the aforementioned activities.

myfoglio does not warrant that texts, information, images, calculations and all other elements on the Website are accurate. Users shall inform myfoglio support team of any inaccuracy of which they become aware. myfoglio shall not be considered liable for services offered on the Website. Users shall not reproduce, duplicate, copy, sell, frame, resell or in any way commercially exploit the service or any part thereof, its usage or access to it. Users shall not transfer their obligations arising out of the present Terms to any third party, neither partially nor entirely.myfoglio shall not be liable for any damage connected with the use of the Website.

These Terms and the relationship between myfoglio and its users are governed by the laws of the Swiss Confederation. All disputes arising from or relating to the Terms or the use of the service shall be submitted to the jurisdiction of the Court of Lugano.

Rules

  1. Use of your personal information

    myfoglio collects, keeps and uses your personal information for the sole purpose of providing the aforementioned services. myfoglioPrivacy Policy is an integral part of the present Terms. Any further use of your personal data beyond this purpose shall be subject to your approval.

  2. Becoming a user

    Anyone over 18 years of age can become a user of myfoglio.

    Minors can register, provided they have permission from a parent or legal representative. We strongly advise parents and guardians of under-age users to constantly monitor the child’s use of the Website. If parents or legal representatives do not agree with our use of a minor’s personal information according to our Privacy Policy, they shall ensure that the minor does not use the Website or register on it.

    As a user of myfoglio you are granted access to myfoglio.

    Your participation in myfoglio starts with the activation of the access data you selected.

    When registering, you are requested to provide true and complete personal information. This information must be kept updated during your participation in myfoglio as a user.

    Your participation in myfoglio as a user cannot be transferred to third parties.

    Only one user registration at myfoglio is permitted for each person.

    myfoglio reserves the right to temporarily and to a reasonable extent limit the service for website maintenance activities, if these are necessary to improve the operation of the Website itself.

  3. User name

    You can choose the user name you prefer. The user name you choose must not infringe the law of the country where you declared to be when using myfoglio, or the rights of third parties, or the Italian law, or the present Terms, and it must not offend common decency. The following limitations apply. As a user name, you are not permitted to use:

    1. another person’s name;
    2. a name protected by copyright, trademark or other protection law;
    3. a name which harms or may harm third parties’ rights;
    4. an offensive name, such as vulgar or insulting names;
    5. a code name used by members of extremist groups, even if the code meaning is not recognizable by the public;

    You are responsible for all activities occurring under your user name.

  4. User image

    As a user image, you are not permitted to use:

    1. another person’s image;
    2. an image protected by copyright, trademark or other protection law;
    3. an offensive image, which may hurt other people’s sensitivity;
  5. Duty of care concerning your user’s data

    You are responsible for all activities occurring under your user name. Therefore, please choose a password and adopt the necessary measures to keep it secret. You are the sole responsible for unauthorized use of your user name by third parties.

    If you become aware or you suspect an improper use of your user name, myfoglio can adopt the necessary measures, such as blocking or de-activating the user name.

  6. Content uploading

    As a user of myfoglio you have the opportunity to join the community and post contents (i.e. texts). Upon registration, and until express modification of your privacy settings, myfoglio shall set by default the first two privacy levels, which allow to :

    1. Share your business’ data, i.e.:
      1. Business identity record
      2. Contact details
    2. Anonymously share non-sensitive data inserted in editable fields, such as :
      1. Identity records in general (address, ZIP-code, city, province, country, VAT number), title, unit of measure, bank branch code, bank name, payment method
      2. Linking of your fiscal profile to your product group, to receive suggestions by the system

    Please bear in mind that you are not authorized to post following contents on myfoglio:

    1. racist, pornographic, obscene, offensive, vulgar contents, or contents that instigate violence, are degrading to other people or do not respect common decency;
    2. contents that adversely affect the dignity of minors, their development and education, or contents that infringe upon human dignity or other fundamental rights;
    3. contents that instigate unlawful or immoral behaviours;
    4. offensive or degrading statements;
    5. threats to other users, bidders or third parties;
    6. offensive criticism, libel, insults, lies or false information;
    7. contents which may infringe upon the right of personal self-determination of third parties;
    8. copied contents for which you do not own copyright;
    9. dangerous contents, e.g. for the presence of viruses;
    10. links to web pages that violate the law, are harmful to minors or host otherwise illegal contents;
    11. private information, such as telephone number or E-mail, outside your profile;
    12. name, address, telephone number or E-mail, outside your profile;
    13. unauthorized advertisement of your activities, e.g. in the form of prize contests, promotional discounts or special offers.
  7. Responsibility for your contents

    You are the sole responsible for the contents you post. You accept all the risks related to your contents, including the opinion that other users will form on the reliability and completeness of your contents. Your contents are in no way sponsored or approved by myfoglio.

Transfer of contents

All data and contents posted on myfoglio can be transferred to all web sites belonging to myfoglio, to its mobile phone applications and its affiliated web sites.
Affiliated web sites shall use your posted contents as follows::

  1. regular updates (at least once a week) of all the data in the aforementioned content
  2. reference to content source: the content shall bear the name of both myfoglio and the user who originally posted the content
  3. direct links from myfoglio contents to myfoglio websites

Rights of use of myfoglio

If a third party lays a claim in relation to any content you posted or uploaded (with special regard to personality rights, authors’ rights, trademark protection and the provision of work or services) you shall reimburse myfoglio of all losses caused by your unintentional violation of your duties. You may provide evidence that the damage is smaller than what myfoglio claimed..

General terms of use

You may not use the services offered by myfoglio for any illegal or unauthorized purpose. You shall only use myfoglio respecting Italian law as well as the present Terms and third parties’ rights.

  1. If you allow another person, and especially a minor, to use your account at myfoglio, it is your duty of care to inform him/her about the terms of use and member rules, and you shall duly supervise his/her use of myfoglio.
  2. If you, or another person under your user name, unintentionally violate the present Terms or the applicable law, myfoglio has the right to adopt the necessary measures. Serious violations may result in the interruption of your account at myfoglio or in the termination of your participation in myfoglio as a user, without prior notice.
  3. In case of suspect violation of public or criminal laws, myfoglio is authorized to help law enforcement officials in their checks, without being obliged to verify the legitimacy of such checks or requests of information.
  4. myfoglio can, but is not obliged to, check that the rules of the present Terms (and of this section in particular) are respected in all its fields of activity, using the means permitted by law.

Termination

You may terminate your participation in myfoglio at any time and without prior notice. myfoglio reserves the right to suspend or terminate your participation at any time. After the closure of your account, myfoglio reserves the rights to keep all your previously posted contents online.

Liability and limitation of liability

myfoglio is accountable for the unintentional breach of fundamental contract obligations, as envisaged by law. myfoglio is only accountable for damages that are listed in these Terms. In all other cases, myfoglio is only accountable if damages result from serious negligence or malice aforethought. If myfoglio has no or limited liability according to the aforementioned rules, such condition applies as well to its employees, representatives, and third parties collaborating with myfoglio.

The aforementioned rules do not compromise the obligation of myfoglio to reimburse damages to life, physical integrity and health, as well as its product liability as envisaged by law.

You may provide evidence that the damage is smaller than what myfoglio claimed.

myfoglio offers a platform for professional services. This does not imply that platform contents originate from myfoglio itself, which is thus not obliged to accept, counter or re-elaborate them.

Liability for external contents lies solely with the user who posted them on myfoglio, which is not liable for such contents.

If myfoglio becomes aware that external contents are in breach of the present Terms, it shall take appropriate countermeasures, within the limits imposed by the present Terms.

If there are grounds to suspect that the present Terms have been violated, myfoglio shall not be accountable for the lack of appropriate countermeasures, provided there are evidences that the violation occurred.

If you unintentionally violate the present Terms, you agree to hold harmless myfoglio from any damages arising out of the violation, including your legal expenses.

Free service

myfoglio can be used for free. The free version has reduced features and can contain advertisement; more information is provided in the offer on the Website.

Paid service

myfoglio can be used as a paid service upon client’ request. The paid version has additional features; more information is provided in the offer on the Website.
Payments can be made by credit card. Your credit card number is neither stored nor managed by myfoglio, but is verified by a third party (paypal) in order to credit the service. This guarantees the safety of the client’s credit card data. myfoglio thus delegates to the third party the checks for fraud or other illegal activities carried out unbeknown to the credit card holder, too.

Miscellaneous

myfoglio’s trademark, name, logo and other images and information on the Website are the property of myfoglio.

myfoglio reserves the right to modify the present Terms and its services, if such modifications are aimed at improving the service, and especially if they are not to your detriment, e.g. change in contact details or addition of new features.

myfoglio will inform you of changes in the present Terms in one of the following ways: updated Terms shall be notified to you before activating new features or services from the homepage, and myfoglio will ask for your consent;  or myfoglio will notify you in due time, i.e. at least one month before the changes are made, at the E-mail you provided.

You will be deemed to have agreed to the changes if you do not present objections within one month from the notification.

All disputes arising from the use of myfoglio’s service, including both contractual and non-contractual obligations, shall be regulated by Swiss law.

All disputes regarding myfoglio shall be submitted to the jurisdiction of the Court of Lugano.