Mantano SAS (“Mantano”, “we,” or “us”) provides to Bookari («Software») users the My Bookari ebook synchronization and back-up service that allows you (“you”) to synchronize your ebooks, Mantano Reader collections, bookmarks, highlights and notes across your computers and Android and iOS devices and to store and access them through the Internet («Service»). These My Bookari Service Terms of Use («Terms») stipulate the terms and conditions of your use of the Service. By creating a Bookari account, by taking a subscription or by using the Service, you agree to these Terms.
The files that you synchronize and back-up with Bookari are stored and secured by Amazon S3. By creating a Bookari account, by taking a subscription or by using the Service, you also agree to Amazon Web Services’ Terms of Service.
Account Setup
To use the Service, you need to create a Bookari account. You may establish either a free account (“Free Account”), or a paid account (“Essentials Plan”, “Optimum Plan” or “Premium Plan”). These Terms govern your use of the Service and your relationship with us.
When you select an account, we prompt you for registration information, such as your name, email address, account password, phone number and mailing address. All of this registration information is protected by our Privacy Policy, the most current terms of which are incorporated by reference.
File Sync, Storage and Confidentiality
After setting up your account, installing our Software and activating your account from within the Software, you can select the Files you want to sync and/or store. You can change the Files you want to sync or store whenever you want. In order to make the Service available to you, we need your permission to sync and store your Files. Accordingly, you hereby grant to Mantano a license to use, copy, transmit, distribute, store and cache Files that you choose to sync and/or store, solely to provide the Service to you.
We respect the privacy and confidentiality of your Files, so we agree never to disclose your Files to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Policy.
Free Accounts
Free Accounts don’t have all the features of Paid Accounts and are subject to limitations. The features included in Free Accounts are described in the “Free Plan” description accessible:
- on the Pricing page visible on the website my.bookari.com if you have not logged into it
- in the “My subscription” section if you have logged into it and have subscribed to a Free Plan
Mantano reserves the right to change the subscription fee and to charge for use of its services that are currently available free of charge. The duration of an inactive Free Account is 6 month. Beyond this delay all the data stored in this account are deleted.
Subscription Period and Subscription Fees
Subscription Period. The subscription period for Paid Accounts can be monthly, yearly, or another duration described in the product sheet. The next due date is written in the details of your subscription, accessible from the “My subscription” section. For Free Accounts, the Subscription Period is for the duration of your Free Account.
Subscription Fees. Paid Accounts are subject to fees based upon the account type you’ve selected (“Subscription Fees”). For renewals, Mantano will automatically charge your payment account the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Mantano shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A PAID ACCOUNT YOU CONSENT TO ALLOW MANTANO TO CHARGE YOUR SELECTED PAYMENT ACCOUNT, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
Renewals and Terminations
Accounts subject to Subscription Fees shall automatically renew for the same Subscription Period unless you unsubscribe by the “Next Term” date. You can unsubscribe at any time by clicking the «Unsubscribe» button on your «My Subscription» page on the web interface of the site. The termination will be effective at the end of your subscription period. Please note that after you unsubscribe, you will still be able to use or access the Service until the end of your Subscription Period and you will not be entitled to a refund of any fees that you’ve paid. In case of a termination of your Paid Account, your account becomes a Free Account at its expiration date. As such, some of your data (notes, collections, tags, books beyond the quota that is allowed for Free Accounts) get unsynchronized, what means in particular that they disappear from the cloud whereas they remain on the devices which were connected to the Account. The selection criterion for the books which are deleted from the cloud because they exceed the allowed quota for Free Accounts is at the discretion of Mantano.
Upgrades
You can upgrade your Paid Account from an Essentials Plan to an Optimum Plan or to a Premium Plan at any time, and from an Optimum Plan to a Premium Plan too. You can upgrade from the Free Account to a Paid Account. And lastly you can upgrade from a monthly Subscription to a yearly Subscription. When you upgrade from a Paid Account to another type of Paid Account, we will apply the unused portion of your old Subscription Fee to the cost of the first monthly or yearly payment of your upgraded Account type, in the case of an upgraded Account corresponding to a monthly or yearly Subscription respectively. If the amount resulting from the calculation is lower than 0.5€, the amount to be paid will be 0.5€.
Downgrades
You can downgrade your Paid Account from a Premium Plan to an Optimum Plan or to an Essential Plan, and from an Optimum Plan to an Essential Plan too. You can also downgrade from a yearly Subscription to a monthly Subscription. In the case of a downgrade of your Paid Account to a lower Paid Account, the change takes effect at the Next Term date. As such, at the start date of your new Subscription, some of your data (notes and books beyond the quota that is allowed for the new Subscription Plan) get unsynchronized, what means in particular that they disappear from the cloud whereas they remain on the devices which were connected to the Account. The selection criterion for the notes and books which are deleted from the cloud because they exceed the allowed quota for the new Subscription Plan is at the discretion of Mantano.
Reactivation
You can reactivate a subscription that you previously terminated. When you reactivate a subscription before the end of the Subscription Period, it will be automatically renewed at the next term and you will be charged the corresponding amount.
Requirements to Use the Service
To use the Service, you’ll need to have a computer with Internet access and, to use mobile device features, an Android and/or iOS mobile device and wireless plan with necessary wireless data features. Your use of mobile device features on a mobile phone may result in increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to Mantano set forth in these Terms and you represent and warrant to Mantano that you have such rights and that Mantano’s exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that the Service may include certain communications from Mantano, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. Mantano may also send you promotional offers and news about Mantano, but you can opt out from receiving those communications at any time.
Usage Restrictions
Your account and any specific URL associated with your account are for your individual use only. You may not resell accounts or any account features. You agree that you will not use the Service to disseminate any advertising, promotional materials, or spam. You acknowledge and agree that Mantano reserves the right to establish limits on the number and size of messages transmitted through the Service and/or the size and number of Files that can be made available through the share options. You agree that you will not use the Software or Service to create, copy, store, transmit, share or distribute any Files, images, sounds, messages or other material that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred, or that are harassing, malicious, fraudulent or libelous, or that violate or infringe the rights of third parties, or expose Mantano to any actual or potential civil or criminal liability. Mantano reserves the right in its sole discretion to take any action that it deems necessary if you violate these Terms, including suspension or termination of your account.
Service Limitations
Mantano uses reasonable efforts to make the Service available 7 days a week 24 hours a day. However, Mantano does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by Mantano from time to time. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other customers.
License to Use the Service and Software
License. Subject to these Terms, Mantano grants you a non-exclusive, non-transferable license when you set up a Mantano Cloud account, to use the Software to access and use the Service for your own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Application or Service, ownership of which is retained by Mantano and its suppliers, as applicable.
Compliance with Laws. You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Software and/or Service. You acknowledge and agree that the Software is controlled for export purposes and that your use of the Software may be subject to audit to ensure compliance with these Terms.
Term and Termination
Your rights to use the Service and Software are effective through the end of applicable Subscription Period unless earlier terminated. These Terms will terminate immediately without notice to you upon the earlier of (i) notice of your election to unsubscribe, (ii) the posting of a new version of these Terms on the Mantano website with notice to you (which you acknowledge that Mantano may provide by any means, including without limitation, by posting on the Mantano Site), in which case the new Terms shall apply to you; provided, however, that except for updates to the Mantano Privacy Policy that do not decrease privacy protections afforded to you or for the addition of account features, no such change shall be effective until the renewal of your Subscription Period and provided further that Mantano shall give you advance notice of any price increases and you will be charged, and agree that Mantano may charge your payment account, for such increases unless you cancel your My Bookari account prior to the end of your then-current account Subscription Period, or (iii) your breach or failure to comply with any term or condition of these Terms. Further, Mantano reserves the right to terminate these Terms and your account without prior notice and without liability to you upon requests by government and/or law enforcement agencies.
Mantano may terminate your Paid Account (i) effective as of the end of the then-current Subscription Period for any reason or no reason and without liability to you; and (ii) without cause during the Subscription Period provided that Mantano returns a pro rata portion of the Subscription Fee to the party who has paid for the account.
Upon termination, the licenses granted to you by Mantano shall cease, you will not be able to access or retrieve any Files stored in your account. If you terminate your account, you agree that Mantano may keep your Files on its servers for reasonable time thereafter to enable you to easily renew if you so desire.
In the event of expiration or termination of your account, the representations made by you in these Terms and the Sections entitled “Compliance with Laws,” “Governments,” “Term and Termination,” “Rights of Co-Brand Partners,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “General” shall survive such expiration or termination.
Rights of Co-Brand Partners
If you have created an account through a co-branded version of the Service, you hereby authorize Mantano to provide your email address to the applicable Mantano co-brand partner. You acknowledge and agree that Mantano has no control of, and shall have no liability to you for, the use of your email address by the co-brand partner. It is your obligation to review and separate privacy policy or additional terms that may apply to a co-branded version of the Service.
Disclaimer of Warranties
THE SOFTWARE AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANTANO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MANTANO DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND SERVICE REMAINS WITH YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANTANO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (AND WITH RESPECT TO FREE ACCOUNTS AND MANTANO SUPPLIERS, FOR ANY DIRECT DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION OR DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE EVEN IF MANTANO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold Mantano and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) any violation or breach of these Terms by you, (ii) any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and/or Files, or (iii) Mantano’s authorized use of data, Files or other content provided by you or obtained by Mantano as authorized by you under these Terms.
General
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY FRENCH LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED IN THE STATE OR FEDERAL COURTS IN AND FOR TRIBUNAL DE GRANDE INSTANCE OF PARIS, FRANCE, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Mantano with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Mantano’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, and any such attempt is void, but Mantano may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Mantano and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Website Terms of Use
These Website Terms of Use (the “Visitor Terms”) apply to your use of Bookari and Mantano websites (collectively, the “Site”). Mantano reserves the right to change the Visitor Terms and to modify and/or limit access to the Site at any time without notice to you. By using or accessing the Site, you agree to be bound by the most recent Visitor Terms.
Site Content
All content that is made available to view and/or download in connection with the Site is the copyrighted work of and is owned by Mantano and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any such content without the express written permission of Mantano and the copyright owner. You may not frame or otherwise include the Site within any other website or software.
Linked Sites
The Mantano Site may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under the control of Mantano and Mantano is not responsible for the availability, contents, or performance of any Linked Sites. Mantano is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mantano of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites’ administrators.
Trademarks
“Mantano”, “Bookari”, Bookari logo and the Mantano logo are trademarks of Mantano and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Additional Terms
The provisions from the Mantano Terms of Use entitled “Compliance with Laws,” “Governments,” “Term and Termination,” “Rights of Co-Brand Partners,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” and “General” are incorporated into these Visitor Terms by reference, provided that (i) reference to “Software” or “Service” therein shall mean the Site; (ii) reference to “Terms” therein shall mean these Visitor Terms; and (iii) in the event of any conflict between these Visitor Terms and such sections, these Visitor Terms shall control.
Copyright Policy
Mantano respects the intellectual property of others, and we expect our users to do the same. Mantano may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Service, you should provide Mantano’s copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Mantano’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
- By mail: Mantano SAS, 2 rue du Helder, 75009 PARIS, FRANCE.
- By email: with the contact form
© 2016 Mantano SAS.
Last updated 03-03-2016
