Terms of Service

1. Definitions

• "Service" or "Platform": the Mercury Evidentia platform and all related services
• "User": any individual or legal entity using the Service
• "Account": the personal account created by the User to access the Service
• "Content": any document, file, data or information uploaded or generated through the Service
• "Digital Signature": qualified electronic signature under the eIDAS Regulation
• "Company", "We": JPMERCURY LLC

2. Acceptance of Terms

By accessing or using the Service, the User agrees to be bound by these Terms of Service, our Privacy Policy and Cookie Policy.

If the User does not accept these Terms, they must not use the Service. Continued use of the Service after any changes to the Terms constitutes acceptance of those changes.

3. Description of Service

Mercury Evidentia offers the following services:

• Document Storage: secure, encrypted storage of digital documents
• Digital Signature: advanced and qualified electronic signature services
• Certificate Management: management of digital certificates for signing
• Blockchain: blockchain notarization of documents for proof of existence
• Dead Man's Switch: scheduled transfer of documents to designated beneficiaries

The Service is provided "as is" and may be subject to modifications, updates or interruptions without notice.

4. Registration and Account

4.1 Requirements

To use the Service, you must create an Account. The User must:

• Be at least 18 years of age
• Provide accurate, complete and up-to-date information
• Maintain the security of their access credentials
• Immediately report any unauthorized use of their Account

4.2 Account Responsibility

The User is responsible for all activities that occur through their Account. The Company is not liable for losses arising from unauthorized use of the Account, unless such use is due to our negligence.

4.3 Account Closure

The User may close their Account at any time by contacting support. The Company may suspend or close an Account in case of violation of these Terms.

5. Acceptable Use

The User agrees to:

• Use the Service only for lawful purposes
• Not infringe third-party intellectual property rights
• Not upload illegal, defamatory, obscene or fraudulent content
• Not attempt to access unauthorized systems or data
• Not interfere with the operation of the Service
• Not use the Service for spam or phishing activities
• Comply with all applicable laws and regulations

6. Intellectual Property

6.1 Company Property

All intellectual property rights relating to the Service are owned by the Company or its licensors.

6.2 User Content

The User retains ownership of Content uploaded to the Service. By uploading Content, the User grants the Company a limited license to store, process and transmit such Content solely for the purpose of providing the Service.

The User warrants that they have all necessary rights to the uploaded Content and that it does not infringe third-party rights.

7. Digital Signature Services

7.1 Legal Validity

Digital signatures applied through our Service have legal validity under eIDAS Regulation (EU) No. 910/2014 and the Italian Digital Administration Code (D.Lgs. 82/2005).

7.2 User Obligations

The User agrees to:

• Diligently safeguard their certificates and signing credentials
• Not share their signing credentials with third parties
• Immediately report loss or compromise of credentials
• Verify the identity of signatories before requesting signatures

7.3 Limitations

The Company is not responsible for improper use of digital signatures or for signed documents containing false or fraudulent information.

8. Plans and Payments

8.1 Subscription Plans

The Service is available in various subscription plans with different features and pricing.

8.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Prices are expressed in Euros and are subject to VAT where applicable
• Renewal is automatic unless cancelled before expiration

8.3 Refunds

Refunds are granted only in cases provided by law or in case of serious Service malfunctions attributable to the Company.

9. Limitation of Liability

9.1 Disclaimer of Warranties

The Service is provided "as is" without warranties of any kind, express or implied.

9.2 Limitations

To the maximum extent permitted by law, the Company is not liable for:

• Indirect, incidental, special or consequential damages
• Loss of data, profits or business opportunities
• Service interruptions due to force majeure
• Actions of third parties or User errors

9.3 Maximum Liability

In any case, the Company's total liability shall not exceed the amount paid by the User for the Service in the preceding 12 months.

10. Indemnification

The User agrees to indemnify, defend and hold harmless the Company and its employees from any claim arising from:

• User's violation of these Terms
• Violation of laws or third-party rights
• Content uploaded by the User to the Service

11. Changes to Terms

We reserve the right to modify these Terms at any time. For substantial changes, we will provide at least 30 days' notice via email or platform notification.

12. Termination

Either party may terminate the contract at any time. Upon termination:

• The User may download their Content within 30 days
• After 30 days, Content may be deleted
• Documents subject to legal retention obligations will be maintained for the required period

13. Governing Law and Jurisdiction

These Terms are governed by Italian law. Any dispute shall be subject to the exclusive jurisdiction of the Court of Rome, without prejudice to mandatory consumer protection provisions.

14. Final Provisions

• Severability: If any provision is found invalid, the remaining provisions remain in force.
• Waiver: Failure to exercise a right does not constitute waiver of that right.
• Assignment: The User may not assign these Terms without our written consent.
• Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Service.

15. Contact

For any questions regarding these Terms of Service:

• Email: [email protected]
• Address: 539 W. Commerce St # 3691, Dallas, TX 75208, USA