Definitions

Dontshare

The Dontshare Platform is a web-based software platform in which users who first accept the Terms of Use and the Privacy Policy, may buy products and/or services.

User

The person who, by registering, buys a product and/or service from the Platform via credit card.

Foreword

a) The User professes to be in full possession of his/her mental faculties, to understand the bond that ties him to this agreement and to use the Dontshare platform in compliance with the following Terms and Conditions, which he/she accepts.

b) The User of the Dontshare Platform agrees to keep secret the passwords provided to access it and to ensure that no unauthorised person can access them.

c) The User likewise assumes full responsibility for any consequences resulting from the use of the Dontshare Platform with their password or from the use of their password by unauthorised third parties.

d) The User declares that all information provided during registration, to access and buy a LDB from the Dontshare Platform, is true and correct, and that he/she is aware of its use and committed to keeping it up-to-date

e) The User is informed that use of the Dontshare platform buy him/her is solely for personal use.

f) The User, in appointing a VIP, indemnifies the Dontshare platform from any civil, criminal or other responsibility arising from improper use of the Dontshare platform by the VIP, both during the User’s life and after his/her death.

g) The user is aware that the Dontshare Platform or parts thereof may not be copied, modified, reproduced, duplicated, sold or exploited for commercial or non-commercial purposes.

i) The User agrees to inform the appointed VIP of the content of the Terms and Conditions of Use.

Ownership

This site is owned by DONTSHARE srl with legal address Via Ampère 61/A – 20131 Milano, Italy
P.Iva IT09455710963

It is registered in the Register of Companies at Milano: REA 2092326
www.dontshare.it

Terms and Conditions of use

Products

The products and services that are handled on the Dontshare Platform are partially/totally encrypted Folders on Secure Servers called Life Deposit Boxes (LDB) in which the User can enter a series of updatable contents to which, on request, a VIP (trusted person) appointed by the User, who has expressly accepted the appointment, can have access.
When a VIP requests access to the owner’s LDB, Dontshare automatically generates and sends a password to the VIP and a notification to the owner, who will no longer be able to modify the content of the LDB. With the delivery of the password to the VIP, the Dontshare service ends and at that point it will be the VIP who decides whether to close the LDB after downloading the contents or keep it active
until expiry of the annual subscription. Subsequently, the VIP may decide to renew the annual subscription for as long as they deem necessary.

Provision of the Service

The service provided by Dontshare (the trade name of the Platform) is described in detail in the “How it works” section of the website www.dontshare.it.

 

Stipulation of the Contract

The Contract with the Dontshare Platform takes effect upon receipt of payment together with acceptance of the Terms of Use and the Privacy Policy by the User.
Payment of the LDB fee must be effected by the Customer upon registration and any VAT due will be applied on all invoiced amounts, which, along with any other taxes resulting from stipulation of the contract, will be charged to the Customer.
In the case of customers resident abroad, VAT will not be applied.
In any case, the Customer expressly absolves Dontshare of any and all liability resulting from the transactions or payments effected.

 

Activation of the Service

The Customer acknowledges and accepts that activation of the LDB will begin after the Contract takes effect.
Dontshare will notify the User of the activation of the service, by email and text message at the email address and mobile number respectively indicated at the time of registration, by sending the passwords needed to access the platform.
With the activation of the service linked to the LDB, all relevant usage rights will be transferred to the User, who will be considered its legal owner, thereby assuming sole and exclusive responsibility both for its use and for the contents and the personal data contained therein.
Dontshare reserves the right not to activate the service, at its own discretion, in cases where the User provides false data, or data which Dontshare suspects to be false.
Dontshare will communicate to the User the failure to activate or non-renewal of the service, and will reimburse exclusively the amount received in payment, without additional charges. It is understood that no interest of any kind will be due on that amount.
The User acknowledges and agrees that he/she is entitled only to a refund of the sum paid to Dontshare and cannot claim any compensation or damages or make any demands relating to the failed activation or non-renewal of the Service.

 

User’s Profile, Password and Personal Information

For each User who registers, a personal profile will be created containing all data necessary to make use of the Platform, and a password to access it, which will be sent via email and text message respectively to the email address and telephone number with which the User registered.
The User will be responsible for the confidentiality of his/her personal profile and password.
The User will inform and instruct the VIP on the characteristics of the Platform and the role he/she will have.
The User agrees not to reveal the password to other people and to take all appropriate measures to keep it secret.
The User is solely responsible for its safekeeping and for its use, whether authorised or not, by third parties.
The User is aware that access to the Service of the Dontshare Platform with the identity or password of another User, as well as the purchase, use and dissemination of personal data of other Users, may constitute a criminal offence.
Dontshare will take all measures at its disposal to protect the User’s personal data, which will be processed according to Italian law regarding privacy as specified in the Privacy Policy.
Dontshare further states that data will be entered in a protected database in full compliance with privacy laws.
The registered User has the opportunity to exercise their rights of access, rectification and deletion of personal data. The User can exercise these rights in the “home” section of the Platform after logging in and accessing their profile or, in the case of cancellation only, by sending an email to the address: info@dontshare.it

 

Content

The User recognizes and accepts that Dontshare is neither responsible for nor guarantees the reliability and veracity of any message, communication, information and data, whether sensitive or not (hereinafter, “the Content”), whether added, shown or made accessible through the Platform by the User and/or third parties.
Dontshare also advises that some Contents (accessible only by the User and VIP) in the Platform could be considered, (if made public) harmful, offensive or inaccurate, or could be considered misleading or tendentious by third parties.
Please note that the contents contained in the so-called “last wishes” have, at present, no legal value and therefore do not impose any constraints and/or obligations on the VIP or third parties.
Improper use of the password by the User or VIP, for example in matters of banking, insurance or disclosure, is regulated by the Civil Code and Criminal Court of the User’s country of residence.

 

Proper Use

The registered User expressly undertakes to use the Platform in full compliance with both the conditions indicated and the rules of public decency, and not to enter data which:
– create objective difficulties in the use and enjoyment of the Service;
– are unlawful, threatening, abusive, harmful, libellous, defamatory, racist, obscene, vulgar, offensive, pornographic, disrespectful to religions or indecent;
– constitute or may constitute the basis of civil or criminal proceedings;
– damage, violate, plagiarise or infringe the rights of third parties, including the rights of intellectual and industrial property.

In addition, the registered User expressly undertakes not to interfere with the Service or the servers connected to the platform and to satisfy the requirements of the system and procedures of the Service in compliance with the Terms and Conditions of Use.

Characteristics of the Service

  • Dontshare has the right to change, suspend or discontinue, at any time, at its sole discretion, without liability, any aspect of the Service provided by the Platform.
  • Dontshare also has the right to impose limits or restrictions on certain uses of the Service provide by the Platform.
  • Dontshare may, for technical reasons, limit use of the Service, regulating, temporarily or permanently, the maximum number of User accesses and/or the uploading or use of contents managed by the Platform.
  • Dontshare is committed to the proper functioning of the platform but does not guarantee, in any way, that the functions contained therein will be free of errors, or that errors will be repaired, or that the platform will be free of potentially damaging elements.
  • Dontshare will not be liable, directly or indirectly, for interruptions of the Portal that may cause the suspension of the service.

 

 

Duration, renewal and termination of Contract

The Service provision Contract will have a duration of one year from the date of activation of the Service.
As the expiry date approaches, purely as a courtesy and therefore without any obligation towards the User, Dontshare may send notification of the imminent expiry and the consequent termination of service in the event of non-renewal to the relevant email inboxes.
If automatic renewal fails (e.g. due to the credit card no longer being active) renewal can be effected manually within 15 (fifteen) days after the expiry date, by paying the relevant amount, according to the rates and contractual conditions applicable at the time of renewal.
Following that which is stated above, the contract will be renewed for a period of one year.
If not renewed within the aforementioned term, the LDB Service will be deactivated on the established expiry date and the Contract shall cease to have effect.
Dontshare reserves the right not to renew the service, at its sole discretion, in cases where the User has failed to fulfil the contract or provided false data or data which Dontshare suspects to be false.
In the event of the renewal not being effected for reasons ascribable to Dontshare, the latter will be required exclusively to pay the User an amount equal to twice the amount paid by the User for the renewal request without additional charges.
It is understood that no interest of any kind will be due on that amount.
The Customer acknowledges and agrees that he/she is entitled only to the receipt of this amount and can not claim any compensation or damages or make any demands of any kind against Dontshare.
After 30 days of non-payment of the LDB, the platform will delete the LDB and it will no longer be possible, in any way, to recover its contents.

Cancellation from the Service

To cancel his/her subscription, the User registered to the Platform must access his/her profile and select the option: Cancel Subscription.
After choosing the option, an email will be sent to the User to ask for confirmation of the intention to be cancelled from the Service. Receipt of a positive response to the cancellation request (by simply clicking on a link) activates the cancellation process, on completion of which, the staff of Dontshare will send an email confirming the cancellation.

Responsibilities of the User

The User is responsible for using the Service and for any possible breach of any obligation arising from the contract, and in the event of damage and disruption of any kind to Dontshare, the latter will evaluate possible charges and/or legal action.
The User will have sole responsibility for compliance with all applicable laws and regulations related or applicable to use of the Platform.
The User also undertakes to comply with all relevant laws and regulations.
Finally, the registered User will absolve Dontshare of any liability, costs, damage and disruption that he/she may have caused as a result of:

  • failure to fulfil the “Terms and Conditions of Use”;
  • any dispute with a third party;
  • damage caused to third parties.

 

Rights of Ownership

The User acknowledges and agrees that the Platform and any software used in connection hold primary and confidential information that is protected by the laws on intellectual and industrial property.

 

Changes to the “Terms and Conditions of Use” and the Service

Dontshare may at any time change or modify, in whole or in part, the content of the “Terms and Conditions of Use”, available on the main (“home”) page of the Platform.
Acceptance is permanent, constant and ratified by the use of the User profile and password. At any time the acceptance shall be deemed to refer to the “Terms and Conditions of Use”, published and permanently available on the “Home” page of the portal.
Any User who disagrees with the changes introduced to the “Terms and Conditions of Use” or the Service, may unsubscribe immediately.

 

Communications

All communications between Dontshare and the User, will be effected via email between the email address of Dontshare info@dontshare.it and the address the user enters during the registration process or through the chat service contained in the Platform.

 

Applicable Law

The Platform and its “Terms and Conditions of Use” will persist and will be interpreted by the relevant Italian laws.