FallingTerms of use — USBCopy
These Terms and Conditions govern the use of the Windows application "USBCopy" (the "App"), made available by FallingBit (the "Developer") through the Microsoft Store. 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 downloaded from the Microsoft Store. Any sale, payment, 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. 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, for example to prepare USB drives for your clients. 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, sounds, 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 can be viewed in the App (Third-party licenses). 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 copies the files of a folder to the USB drives you choose and, at your request, verifies the copies, formats the drives and ejects them. For safety it always excludes internal disks, SSDs and external hard drives and protects the drive that holds the folder being copied.
Operations that erase data. Formatting and the "Erase destinations before copying" option permanently delete all the contents of the selected USB drives. Before using them, check carefully which drives are connected and selected and make sure they do not contain data you need: the Developer cannot recover erased data.
The success and speed of the copy also depend on the drives, hubs, USB ports and computer used. Low-quality or counterfeit drives may report more capacity than they really have or lose data: verifying the copies helps detect these problems, but it covers the files just copied and does not certify the drive. The App is not a backup program: always keep a copy of your original files.
6. Proper use
You agree to use the App lawfully, to copy only content you have the right to copy and distribute, and not to: (a) circumvent its technical measures, including the Microsoft Store licensing measures; (b) interfere with its operation; (c) use it for unlawful purposes, for example to distribute unauthorised copies of protected works.
If the files you copy contain personal data about other people, you are the one processing it: use and hand it over 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 number of USB drives that can be used together depends on the computer, ports and USB hubs. 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, for example to fix bugs, improve features or adapt to new versions of Windows, and may discontinue its distribution. Updates are distributed through the Microsoft Store. Discontinuation does not prevent you from continuing to use the copy you have already downloaded, within the limits of the Microsoft Store rules. The App may not be compatible with every version of the operating system or with every USB drive and hub. 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 copies will succeed on every USB drive.
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 the loss of data caused by a formatting or erasure you confirmed. 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.