1. PublisherNumento is published by INTUISPHERE, an EURL (single-member limited liability company) with share capital of €202,000, headquartered at 168 avenue Salvador Allende, 33130 Bègles, France. RCS Bordeaux 480 605 682, EU VAT number FR37480605682. Publication director: Gregory EUSTACHE. Contact: contact@intuisphere.com. The sync service is hosted by Fly.io, Inc., 2261 Market Street #4990, San Francisco, CA 94114, United States, on servers located in Frankfurt, Germany.
2. PurposeThese terms apply to the use of the Numento software on Mac, Windows, iPhone, iPad and Android, to the Numento account, to the Synchro subscription and to the lifetime licence (sections 1 to 14). Numento 4 licences, sold on this site, remain governed by section 15. Any order implies their prior and unreserved acceptance. The processing of your data is described in the privacy policy.
3. DefinitionsSoftware: the Numento application and its documentation. Account: the space created in the Software with an email address and a password. Sync: the online service that keeps a copy of your collections, including images, and sends it to your devices. Subscription: the annual Synchro subscription, which entitles you to Sync. Lifetime Licence: the right to use the Software with no record limit, paid once. Free Version: the Software without a Subscription or a Lifetime Licence.
4. The free versionThe Software is free for up to 50 records, with no time limit, on one device. Beyond that, your collections can still be viewed, exported and deleted, but can no longer be edited without a Subscription or a Lifetime Licence. The free version lets you try the Software on your own hardware before making any purchase. It may be freely distributed, provided it is neither modified nor sold.
5. The Synchro subscriptionThe Subscription costs €49 per year, all taxes included. It entitles you to Sync your collections, including images, on up to eight devices, and removes the record limit on all your devices. Your images can take up to 15 GB online. It is taken out for one year and renews automatically at the end of its term, for one year, unless canceled. You are notified before each renewal, under the conditions set by consumer regulations. You can cancel at any time from the Software, in Settings › Account. Cancellation takes effect at the end of the current period.
6. The lifetime licenceThe Lifetime Licence costs €79, all taxes included, paid once. It removes the record limit, with no time limit, on three computers at a time, Mac or Windows. It does not include Sync, which remains covered by the Subscription; the two can be combined. The Lifetime Licence takes the form of a key, sent by email to the address used for the purchase and entered in the Software. It is strictly personal: it may not be shared, lent, resold or distributed. A key used in breach of these terms may be deactivated.
7. Purchases on iPhone, iPad and AndroidOn iPhone and iPad, the Subscription is purchased in the Software, through Apple's App Store. Its payment, renewal, cancellation and refunds are then governed by Apple's terms and managed in your Apple account settings. On Android, the Subscription is purchased in the Software, through Google Play, with an Account. Its payment, renewal, cancellation and refunds are then governed by Google Play's terms and managed in Google Play, under Subscriptions.
8. Prices, payment and invoicesPrices include all taxes: the amount displayed is the amount charged. VAT is that of the country of your billing address within the European Union; outside the Union, no VAT is applied. Payment is made on the page of our payment provider, Stripe, by credit card or another method it offers. No complete banking details are kept by the publisher. An invoice is issued for each payment and sent to you. If a renewal payment fails, you are notified; Sync may be suspended if the situation is not resolved.
9. Right of withdrawalFor both the Subscription and the Lifetime Licence, you have fourteen days from purchase to withdraw, without giving any reason and without conditions: having started Sync or already used the key does not cause you to lose any rights. Write to contact@intuisphere.com. The refund is made in full within fourteen days of your request. The Subscription ends, or the Lifetime Licence key is deactivated. For a Subscription purchased on iPhone or iPad, request the refund from Apple; for a Subscription purchased on Android, from Google Play or at contact@intuisphere.com.
10. Your account and your dataYou are responsible for keeping your password confidential and for actions taken from your Account. Your collections stay on your devices. The online copy maintained by Sync is backed up every week; these backups do not relieve you of keeping your own copies: the Software exports each collection to a file. When the Subscription ends, Sync stops; your collections stay on your devices, and the online copy is kept for one year, then deleted along with the Account. You are notified one month beforehand, by email and in the Software. You can delete your Account at any time, from the app on iPhone, iPad and Android, or on the page https://api.numento.com/delete-account, with a code sent to your address. Deletion is immediate and permanent; your collections stay on your devices.
11. Availability and liabilityThe publisher uses reasonable means to ensure the availability of Sync, without guaranteeing uninterrupted operation. Interruptions may occur for maintenance. The publisher is bound by an obligation of means. The statutory warranties of conformity and against hidden defects remain applicable under the conditions provided by law. With respect to business customers, the publisher's liability is limited to direct damages and capped at the amounts paid during the twelve months preceding the triggering event. Nothing in these terms limits this liability where the law prohibits it, in particular in cases of gross negligence or willful misconduct, and with respect to consumers.
12. Intellectual propertyThe Software, its interface, its collection templates and its documentation remain the property of the publisher. You are purchasing a personal, non-exclusive right of use, not ownership of the Software. Any modification, resale or reproduction of the Software or its components is prohibited. Your collections, texts and images remain yours. The publisher processes them only to provide Sync.
13. Changes to the termsThe publisher may change these terms. Substantial changes are announced to you before they take effect; if you do not accept them, you may cancel the Subscription at no cost before they take effect. The version applicable to an order is the one accepted when placing that order; it can be sent to you on request.
14. Governing law and disputesThese terms are governed by French law. In the event of a dispute, first write to contact@intuisphere.com to seek an amicable solution. Failing an amicable resolution, the dispute will be brought before the competent courts. A question about this document? Write to us, we'll reply.
15. Numento 4 licencesNumento 4 licences sold on this site remain governed by the terms under which they were purchased, restated here; sections 1 to 14 do not apply to them. Definitions: Software: Numento and its associated documents. Use: installing or running the software. Backup copy: a copy of the software for strictly personal use. Software licence: You are purchasing a right of use, not ownership of the software. A paid licence allows use with no time limit and no subscription. Each licence is valid on two computers belonging to the licence holder. Purchase terms: Given its nature (software), the right of withdrawal applicable to distance selling cannot be exercised, in accordance with articles L 121-20-2 et seq. of the French Consumer Code. The purchase of a licence is therefore firm and final and will not give rise to any refund. A free version with no time limit lets you check compatibility before you buy. No resale without Intuisphere's written consent. Restrictions: A licence is strictly personal and may not be shared, lent or distributed. Any modification, resale or reproduction of the software or its components (images, texts, scripts) is prohibited. Installation on a shared network requires one licence per user. Transfer: You may transfer your licence to another computer, but must remove the previous installation. Liability and warranties: No warranty is given as to the continuous proper operation of the software. Make regular backups. Intuisphere is not liable for data loss or damage related to the use of the software. Any breach of these terms results in the immediate cancellation of the licence. Free software: The free version has no time limit and may be freely distributed, provided it is neither modified nor sold. Acceptance of the agreement: Installing the software constitutes acceptance of these terms. You must provide accurate information about your identity.
