Conrado Maggi (OpenMilestone from now on) operates the OpenMilestone.com service.
For paid accounts, you’ll be charged on a monthly or yearly basis according to your plan. We do offer refunds if not happy with the service during your first month payment period.
You own the data and files that are uploaded via OpenMilestone.com and you’re responsible for keeping it safe. We provide the service “AS IS”, without any guarantees. If you require guarantees or business support contract, contact us.
The Terms of Service, OpenMilestone.com itself, and our prices can change at any time. We’ll warn you 30 days in advance of any price changes. We’ll try to warn you about major changes to the Terms of Service or OpenMilestone.com, but we make no guarantees.
You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether you have created an account).
Your Agreement with Open Milestone
Your use of the OpenMilestone.com service is governed by this agreement (the “Terms”). The “Service” means the OpenMilestone.com online service, which Open Milestone makes available includes our websites (https://OpenMilestone.com/), our blog and social network channels, our API, and any other software, sites, and services offered by Open Milestone in connection to any of those. “Content” means anything you post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material you made available trough the service. You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness.
In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms. You understand and agree that Open Milestone will treat Your use of the Service as acceptance of the Terms from that point onwards.
Open Milestone may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Open Milestone will treat Your use as acceptance of the updated Terms.
- To use the Service you need a Google Drive Account
- You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
- You may not use the service unless you are over the age of 13.
- You must be a human. Account created by automated methods are not permitted.
- You must provide your name, a valid email address, and any other information requested in order to complete the sign up process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Open Milestone cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- One person or legal entity may not maintain more than one free account.
Use of the Service
- You must provide accurate and complete registration information any time You register to use the Service.
- You are responsible for the security of Your passwords and for any use of Your account.
- Your use of the Service must comply with all applicable laws, regulations and ordinances.
- You agree to not engage in any activity that interferes with or disrupts the Service.
- Open Milestone does enforce quotas and usage limits on the Service. The Service also rely on the Google Drive APIs controlled by Google Inc. who reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in disabling or throttling your usage of the Service for any amount of time. Open Milestone implemented the service according the official documentation and conducts technical steps to avoid disruption of the Service, but cannot provide any guarantees.
- We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Open Milestone customer, employee, member, or officer will result in immediate account termination.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Open Milestone) of other Open Milestone customers, we reserve the right to immediately disable your account or throttle your file uploads until you can reduce your bandwidth consumption.
- You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.
You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Open Milestone reserves the right to display attribution text or links in your site footer or toolbar. The attribution link may not be altered or removed unless you are in a payment plan that allow removing attribution.
Service Policies and Privacy
Fees for Use of the Service
- The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
- Usage over this limit (or after the “trial” period) or requires Your purchase of additional resources or services.
- For all purchased resources and services, we will charge Your credit card on a yearly basis.
- Payments are refundable within 30 days of the payment. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Charges are solely based on published price list and are fixed for a selected plan, unless otherwise agreed to in writing. You are never going to be charged more than you agreed in the moment of purchase.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
- You acknowledge and agree that any credit card and related billing and payment information that You provide to Open Milestone may be shared by Open Milestone with companies who work on Open Milestone’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Open Milestone and servicing Your account.
- Open Milestone may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Cancellation and Termination
- You must downgrade (cancel) your account via https://OpenMilestone.com/settings/ or by email to contact(at)openmilestone.com with 15 days notice. Phone request to downgrade (cancel) Your account is not considered cancellation.
- You will not receive any refunds if You cancel Your account.
- All Customer Content will, within a reasonable amount of time to be determined solely by Open Milestone, be deleted from the Service upon cancellation.
- You agree that Open Milestone, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Open Milestone will not be liable to You or any third party for such termination.
Ideas and Feedback
You may choose to, or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Open Milestone under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Modification of the Service
- You acknowledge and agree that the Service may change from time to time without prior notice to You.
- Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
- Open Milestone shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The Services may include hyperlinks to other websites or content or resources or email content. You acknowledge and agree that Open Milestone is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
License from Open Milestone and Restrictions
Open Milestone gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Open Milestone as part of the Service as provided to You by Open Milestone. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Open Milestone, in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Open Milestone, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with Open Milestone for the use of the components of the Service released under an open source license.
Exclusion of warranties
- You expressly understand and agree that your use of the service is at your sole risk and that the service is provided “as is” and “as available.”.
- You agree that Open Milestone has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Data submitted by the Service.
- Open Milestone does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.
Limitation of liability
You expressly understand and agree that Open Milestone, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Open Milestone has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify Open Milestone, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Open Milestone and Partners”) from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, © Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Open Milestone will provide You with written notice of such claim, suit or action.
General Legal Terms
The Terms constitute the whole legal agreement between You and Open Milestone and govern Your use of the Service and completely replace any prior agreements between You and Open Milestone in relation to the Service.
You agree that if Open Milestone does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Open Milestone has the benefit of under any applicable law), this will not be taken to be a formal waiver of Open Milestone’s rights and that those rights or remedies will still be available to Open Milestone.
This agreement and all matters arising out of it shall be governed by the Spanish Law. The parties expressly waive the application of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes between the parties shall be Málaga, Spain.
Open Milestone shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
If there are any questions regarding this agreement, you may contact us using the “Contact us” widget in the footer or at the address:
Andalucía Lab – Ctra Nacional 340, Km 189,6
Marbella, 29604 – Málaga