We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Morta after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using Morta.
1. Your Morta Account
To use Morta, you'll need to create an account, either via Morta or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your Morta account.
You are responsible for safeguarding your Morta login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.
2. Your Content
By using Morta, you provide us with data, text, images, file attachments, and other information (“your content”). You retain full ownership of your content - what belongs to you stays yours.
You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Security and compliance are top priorities for Morta because they are fundamental to your experience with the product. Morta is committed to securing your data, eliminating systems vulnerability, and ensuring continuity of access. Morta uses a variety of industry-standard technologies and services to secure your data from unauthorized access, disclosure, use, and loss. You can learn more about our security practices at Morta.io/security. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Content for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide Your Content at your own risk.
4. Our Intellectual Property
You acknowledge and agree that Morta and all materials and content displayed or made available on Morta, and all software, algorithms, code, technology and intellectual property underlying and included in or with Morta, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our "Intellectual Property"), are our (or our licensors’ as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property.
You may choose to, or we may invite you to submit, comments, feedback or ideas about Morta, including without limitation about how to improve Morta or our products ("Feedback"). By submitting any Feedback, you agree that Morta will own such Feedback, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
5. Your Use of Morta
Morta is owned by Morta Technology Ltd. You may only use Morta as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:
We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.
7. Copyright Infringement
We respect the intellectual property rights of others, and expect you to do the same.
It is our policy to terminate the Morta account of anyone who repeatedly infringes the copyright or intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Morta will respond expeditiously to claims of copyright infringement committed using Morta as reported to our Designated Copyright Agent.
If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact us at firstname.lastname@example.org and provide the following information:
We may terminate or modify your access to and use of Morta, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use Morta in any way that would cause us legal liability or disrupt others’ use of Morta.
Likewise, you may cancel your account at any time, although we will be sorry to see you go.
If we suspend or terminate your use of Morta, we will try to let you know 30-days in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately. Upon your request, Morta shall provide you with a statement signed by Morta confirming that Morta has no copies of your data in Morta’s possession and has ceased all use and processing of the your data.
We may identify you as a Morta customer in our promotional materials. We will promptly stop doing so upon your request sent to email@example.com.
10. Professional services
Morta may provide certain consulting, implementation and/or other professional services (the “Professional Services”) to Licensee from time to time, pursuant to a mutually agreed upon Statement of Work at Morta’s then-current Professional Service fees.
11. Warranty Disclaimers
Morta IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Morta Technology Ltd.will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Morta. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You will hold harmless and indemnify Morta Technology Ltd.and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Morta or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
13. Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Morta Technology Ltd., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Morta Technology Ltd.HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO Morta SHALL BE NO MORE THAN THE GREATER OF £100 OR THE AMOUNTS PAID BY YOU TO Morta Technology Ltd.FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph. If you are in one of these jurisdictions, these limitations may not apply to you.
14. Terms of Paid Subscriptions
If you purchase a subscription to the Services via the Morta website (“Online Subscription”) or pursuant to any ordering document (“Order Form Subscription”), the following terms of subscription will apply to you:
15. General Terms
Our agreement under these Terms will be governed by the laws of England and Wales and we both agree to the exclusive jurisdiction of the courts of England and Wales. These Terms constitute the entire and exclusive agreement between you and Morta Technology Ltd., and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Morta Technology Ltd.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Morta Technology Ltd. may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
16. Contact Information
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.