Terms and Conditions

Agreement for the use of Memofly SaaS software

1) General Provisions

Flyip Srl - sole shareholder company, with headquarters in Nuoro at viale del Lavoro 13, ZIP 08100, VAT No. 01593930918 (hereinafter referred to as "FLYIP"), is the provider of appointment management software called Memofly.

The Service is exclusively a business-to-business service. Agreements are concluded only with customers who subscribe to the service for purposes directly related to their commercial, business or professional activity.

These Terms and Conditions define the rules for the use of the Service by customers. By clicking on the button to subscribe to the Service, the company, organization or other business entity identified during the registration process (hereinafter referred to as the "Subscriber") accepts these Terms and Conditions and agrees to use the Service in accordance with the provisions of this document.

2) The Service

a) General

As part of the Service, Flyip provides the subscriber with access to and use of the web-based Memofly platform in SaaS (Software-as-a-Service) mode, which allows you to create, send, manage your SMS text message and/or email marketing campaigns and/or messages, manage appointments, view customer information, view statistics and use many other tools.

The detailed scope of features included ("License and plans") is provided at Memofly prices and depends on the chosen Subscription. You can use the Service to send messages only to subscribers' customers who have previously given their consent to be added to the contact list and have not subsequently withdrawn such authorization.

b) Free Trial

Memofly offers a 30-day free trial version of the Service for the Basic plan ("30-day Free Trial"). During the 30-day free trial, you can send up to a maximum of 100 messages and sync one Google Calendar. You may be subject to other limitations.

3) Technical Requirements

The Memofly Service will work with the latest official version of Microsoft Edge, Mozilla Firefox, Google Chrome and Safari web browsers. To use the Service, you need to have a device that allows you to access the Internet and a site browser installed, with "cookies" and JavaScript enabled. You also need to have an email activated through the Gmail.com service.

4) Use of the Service

Once registration and subscription to the Service is complete, the subscriber agrees to:

  1. Observe the Terms and Conditions, Memofly's Privacy Policy and all other policies developed, published or adopted by Flyip in relation to the Service;
  2. Use the Service solely for purposes directly connected to their commercial, business or professional activity;
  3. Maintain and promptly update their contact details;
  4. Comply with all applicable laws, regulations, rules and requirements relating to the transmission of SMS messages, email and the processing of personal data;
  5. Keep all access credentials provided secret and confidential;
  6. Ensure compliance with all personal data protection regulations, in particular the European GDPR Regulation.

5) Customer Obligations

  1. It is forbidden to provide Flyip with false data, non-existent emails or incomplete, inaccurate or deliberately tampered personal data.
  2. The Customer guarantees that the data provided is up-to-date, complete and truthful.
  3. The Customer is solely responsible for the use of the service.
  4. It is forbidden to rent, lend, resell this license without specific written agreements.
  5. It is forbidden to make copies, distribute, disassemble, alter or modify the source code of the platform.

6) Data Processing

To the extent that Flyip receives from the subscriber any personal information of any customer of the subscriber, Flyip and the subscriber acknowledge that they both have the role of service provider and, as such, will not retain, use or disclose Personal Information for any purpose other than the specific purpose of performing the Service.

7) Terms of Service

The subscriber is obligated to pay promptly all applicable subscription fees for the use of the service in accordance with the chosen subscription plan. Current subscription plans are available at www.memofly.it/#pricing.

Access to the Service is provided upon receipt of the applicable subscription fee. You can pay for the Service using a Credit Card. Recurring payment is initiated on the first day after the expiration date of the previous subscription.

8) Content

All information, text, links to websites, resources or other material published is the sole responsibility of the subscriber. Flyip does not claim ownership of the Content. The subscriber or their contacts hold all rights to the Content.

9) Customer Support

Flyip provides Customer Service for Memofly via email or telephone. Customer Service contact details are available at www.memofly.it/en/support. Most customer support requests receive a response within 24 hours on business days.

10) Cancellation

If the subscriber has made a Trial Period, they can terminate their subscription at any time during the Trial Period and will not be charged. Once the Trial Period has expired, they can terminate their subscription at any time, however subscription fees already paid will not be refunded.

To terminate the subscription, the subscriber can access the page dashboard.memofly.it/settings/account/license or contact Flyip at the telephone number 0708490201 Monday to Friday, from 9:00 AM to 6:00 PM, or at the email address clienti@memofly.it.

11) Termination

Flyip reserves the right to terminate or suspend any Subscription with immediate effect in the event that the subscriber violates any of the provisions of these Terms and Conditions. The following activities constitute a violation:

  1. Failure to make payment when due;
  2. Using the Service for abusive or prohibited practices;
  3. Sending SMS messages, emails and messages considered SPAM;
  4. Violating the rules of use of trademarks owned by Flyip;
  5. Creating more than one free trial Account;
  6. Providing inaccurate, unreliable or false contact details;
  7. Transferring rights and obligations to third parties without prior consent.

12) 30-Day Free Trial

a) Upgrade

The 30-day free trial version of the service does not require a credit card for registration. If the customer decides to upgrade to the paid version, the free trial ends and their account is immediately upgraded.

b) Termination

At the end of the trial days, the customer can decide not to upgrade. The free trial ends and the features of their account are deactivated until any upgrade.

13) Paid Account

When the subscriber upgrades from a free trial to a paid account, Flyip's billing system charges their credit card for the next 30-day billing period. Subsequently, the system automatically renews the account every 30 days.

Refund Policy

The Memofly Service is a continuing Service. Therefore, except as expressly provided, no refunds are provided, even if the Account is cancelled immediately after the charge. In the event of cancellation or termination, no subsequent charges will be made, but amounts already charged will not be refunded.

14) Privacy

The subscriber undertakes to collect and process the personal data of Data Subjects ("Customers") in compliance with the privacy and personal data protection requirements provided by current legislation.

Flyip has appointed a Data Protection Officer ("DPO"), who can be contacted at: privacy@memofly.it

15) Copyright and Trademarks

The Service, all Memofly software and content included in the Websites are the property of Flyip or its content providers and protected by Italian, European and international copyright laws. "Memofly" is a trademark of Flyip.

16) Service Accessibility

Flyip does not guarantee minimum response times or delivery times in relation to the execution of the Service. Flyip may perform scheduled or emergency maintenance without notice and without any liability.

17) Disclaimer of Warranties and Limitation of Liability

The subscriber acknowledges and agrees that Flyip provides the Service "as is" and disclaims all warranties of any kind, express or implied. Flyip has no liability for the success, revenue or sales volume with respect to the subscriber's activities.

18) Final Provisions

The Privacy Policy is incorporated and constitutes an integral part of these Terms and Conditions. Flyip reserves the right to modify any provision of these Terms and Conditions at any time by publishing the amended document on the website.

The most up-to-date version of these Terms and Conditions is available at www.memofly.it/en/terms.

19) Jurisdiction

For any disputes arising between Flyip and the subscriber, the competent court is the Court of Cagliari.

Contacts

Data Controller: Flyip Srl, VAT No. 01593930918
Email: amministrazione@flyip.it
Phone: +39 070 8490201

Last updated: July 11, 2024