Falling← DriveMD Storage & SD Manager
Terms of use — DriveMD Storage & SD Manager
These Terms and Conditions govern the use of the Windows application "DriveMD Storage & SD Manager" (the "App"), a paid application made available through the Microsoft Store by FallingBit (the "Developer"). By installing or using the App you accept these Terms. If you do not accept them, do not use the App. In case of doubt, the Italian version prevails.
1. Who we are
FallingBit di Felice D'Andrea
Via De Falco 4, 81100 Caserta (CE), Italy
VAT no. IT04381570615
Email: info@fallingbit.it · Support: supporto@fallingbit.it
2. Purchase, Microsoft Store licence and refunds
The App is purchased from the Microsoft Store. Sale, payment, any free trials and refunds are handled by Microsoft under its own terms. The Microsoft Store Standard Application License Terms also apply to the App and set out, among other things, on which devices you can install it with your Microsoft account. The trial version offered through the Microsoft Store has all the features of the App but lets you register at most five devices: once the limit is reached you can keep viewing and testing the devices already registered. Buying the App removes the limit and the data entered during the trial remains available. These Terms supplement those conditions: in case of conflict, Microsoft's conditions prevail to the extent permitted by law.
3. Licence
The Developer grants you a personal, limited, non-exclusive and non-transferable licence to install and use the App in accordance with the Microsoft Store rules. You may also use the App in your professional activity, to manage the devices belonging to you or to your organisation. You may not copy, distribute, resell, rent, modify, create derivative works from, decompile, disassemble or reverse engineer the App, or attempt to extract its source code, except to the extent expressly permitted by applicable law that cannot be waived.
4. Intellectual property
The App, including its code, interface, graphics, manufacturer data as collected and organised, names, trademarks and logos, is protected by copyright and intellectual property laws and remains the property of the Developer or its licensors. The App includes third-party components released under free licences, whose texts are distributed with the App (THIRD-PARTY-NOTICES.txt file in the installation folder). The names and trademarks of device manufacturers mentioned in the App belong to their respective owners and are used only to identify the products. These Terms grant you no rights other than the licence described above. You may not remove or alter any copyright or trademark notices in the App.
5. What the App does and its limits
The App keeps a register of your memory devices as physical objects, on your computer, and lets you measure their performance and read their health data. It is not a backup program and it does not read, copy or recover the contents of your devices.
Tests. By default the App's tests only read from the device. The write test is turned on separately in Settings and, before every test that writes, the App asks for explicit confirmation: it writes a temporary file of its own, reads it back and deletes it, without touching other files. Writing to a faulty, counterfeit or already damaged device may nevertheless cause the loss of the data it contains: before a write test, make sure you have a copy of any important data. Only test devices that belong to you or that you are entitled to test.
Test results also depend on the card reader, adapter, cable, port and computer used, apply to the data read or written during the test and do not certify the whole device. S.M.A.R.T. data is provided by the disk and its firmware: the App displays it and suggests an indicative assessment, which neither guarantees that a disk will not fail nor predicts a failure with certainty. Some card readers, enclosures and adapters do not allow all data to be read.
Manufacturer data and text from photos. Manufacturer data is collected from public sources, is indicative and may contain errors or not match a specific version of the product: check it before making important decisions. Text read from photos (for example a serial number) is also a suggestion to be checked.
Automatic backups reduce the risk of losing the register, but keeping them safe, for example on another drive, remains your responsibility.
6. Proper use
You agree to use the App lawfully and not to: (a) circumvent its technical measures, including the Microsoft Store licensing measures; (b) interfere with its operation or with the service that provides the manufacturer data, for example with automated or excessive requests; (c) use it for unlawful purposes.
If you record personal data about other people (for example in people records or loans), you are the one processing it, on your computer: use it in compliance with the applicable data protection laws.
7. Technical requirements
The App requires 64-bit Windows 10 or Windows 11 and the Microsoft Edge WebView2 component, already included in Windows 11 and in up-to-date versions of Windows 10. The App works without an internet connection; the connection is only used to update manufacturer data, a feature you can turn off. Reading disk health data requires confirming Windows administrator permissions. The security of your computer and of the data stored on it is your responsibility.
8. Updates, changes and discontinuation
The Developer may update or modify the App and the manufacturer data, for example to fix bugs, improve features or adapt to new versions of Windows, and may discontinue its distribution. App updates are distributed through the Microsoft Store. Discontinuation does not prevent you from continuing to use the copy you purchased, within the limits of the Microsoft Store rules, although the manufacturer data may no longer be updated. The App may not be compatible with every version of the operating system or with every card reader and device. We recommend installing updates: otherwise the App may not work correctly.
9. Termination
If you materially breach these Terms, the Developer may revoke the licence. If the breach can be remedied, you will be given 14 days from notice to remedy it. In case of serious breaches (for example infringement of intellectual property rights or circumvention of licensing measures) the licence may be revoked immediately. Upon termination you must uninstall the App.
10. Warranties and liability
The App is provided "as is", to the extent permitted by law. The Developer does not guarantee that it is error-free, nor that test results, disk health assessments and manufacturer data are always accurate or complete.
To the extent permitted by law, the Developer is not liable for indirect or consequential damages, such as loss of data, time or profit, nor for device failures, which may occur even when tests and health data show no problems. Nothing in these Terms excludes or limits the Developer's liability for wilful misconduct or gross negligence, for death or personal injury, or the rights that the law, and in particular the Italian Consumer Code (Legislative Decree 206/2005) and the rules on digital content, grant to consumers and that cannot be waived, including the legal guarantee of conformity.
11. Governing law and jurisdiction
These Terms are governed by Italian law. If you are a consumer, the mandatory consumer protection rules of the country where you live continue to apply and, for disputes, the court of the consumer's place of residence or domicile where provided by law. For any other dispute the Court of Santa Maria Capua Vetere has jurisdiction, unless otherwise required by mandatory law.
12. Severability and entire agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in force. These Terms, together with the Privacy Policy and the Microsoft Store conditions, constitute the entire agreement between you and the Developer regarding the use of the App.
13. Changes to the Terms
The Developer may update these Terms, for example following changes to the App or to the law. The updated version will be published at this address with the new date. If you keep using the App after publication, the changes apply from that moment, without prejudice to your statutory rights. Previous versions are available on request.
14. Contact
For questions about these Terms: info@fallingbit.it. For support with the App: supporto@fallingbit.it.