General terms and conditions
These terms and conditions ("General Conditions" or "Contract") govern the terms and conditions of use to which Cristiano Vitolo has its registered office in Via Spineta, 14 - 84091 Battipaglia (SA), VAT Number 03387410651 (the "Supplier" ) will provide the person, physical or legal, or the body, public or private, or the association, identified / or as a customer (the "Customer"):
(i) the right to use, through authenticated access to the cloud infrastructure made available by the Supplier, the "Internet Application" or simply "Application" (to which the Customer may access through the URL kipin.app or through a dedicated URL or via a native mobile app) hosted on the Supplier's technical technological infrastructure (located entirely within the European territory);
(ii) the management functionalities as better described on the website https://kipin.app (hereinafter referred to as the "Related Services").
This Contract consists of these General Conditions and the other documents indicated below, which form all of them, for all legal purposes, an integral and substantial part:
Price List (available at kipin.app)
1. METHOD OF STIPULATION AND IMPROVEMENT OF THE CONTRACT
1.1 The Contract between the Supplier and the Purchaser is perfected upon sending by the Supplier of the Entry Confirmation communicated by e-mail to the e-mail address indicated by the Customer during the registration phase as specified in the art . 4 of this contract. The Registration, upon complete acceptance of these General Conditions by the Customer, constitutes the final moment of the Contract and allows the activation of the Internet Application by the Supplier.
1.2 Customer acknowledges and accepts that he can not make any claim for compensation, compensation or claim of any kind against the Supplier. It is understood, in any case, that the access to the Application or the use of the Linked Services by the Customer certifies the acceptance of all terms and conditions set forth in this Contract.
2.1 The Customer is required to pay the fees for the use of the Internet Application and the Connected Services indicated in the Supplier's price list (which the user declares to know and henceforth referred to as the "Price List"). The Supplier reserves the right to make changes to the price list, provided that the new price list will be applied after the expiry of the paid services signed by the Customer.
3.1 The Customer acknowledges and accepts that the payment can be made only through one of the methods indicated on the Supplier's own web page.
3.2 In case of non-payment or delayed payment of any amount due under this Contract, the Supplier shall have the right to immediately suspend without notice any performance due under this Contract until receipt of the due.
4. REGISTRATION AND ACTIVATION
4.1 The Customer can choose to register through the kipin.app website
4.2 The Customer will receive a confirmation e-mail to the e-mail address by which he registered, containing the confirmation code to enable the service.
4.3 The Customer, by entering the confirmation code, will enable his device through Cookies to access the Internet Application in order to use the functions, using the device through which the registration processes have been carried out and confirmed.
4.4. The Customer undertakes to store, store, use and keep the Access reserved with the utmost care and diligence, also in order to avoid the use by unauthorized third parties. It is forbidden for the Customer to allow third parties access through the authentication systems provided by the Application.
4.5 In this regard, the Customer acknowledges and accepts:
- That the transfer of their cookies to third parties could allow the latter to undue use of the Application and Connected Services;
- that the Supplier will not be responsible for any damage caused to the Customer and / or third parties due to non-compliance with the above;
- that any activity carried out using the Customer's credentials (or access through external authentication systems) will be considered carried out by the Customer to whom the related Access Keys are associated and the Customer will be held responsible for such use.
4.6 The Customer is obliged to indemnify and keep the Supplier harmless from any claim that may be brought against him in any way for violations of the provisions referred to in this article 4.
5. USE OF THE APPLICATION
5.1 The Customer has the possibility to activate different types of subscriptions to the Internet Application. For a list of subscriptions, please refer to the site area kipin.app
5.2 The Customer will have the possibility to activate a paid subscription to the Internet Application of limited duration. The activation of the General Conditions of Contract will be necessary for activation.
5.3 The Supplier provides a free subscription to the application during which the user can freely use the features provided by the service for this form of subscription. For a list of the features, services and features of the various subscriptions available, please refer to the website kipin.app.
5.4 The user can allow access to the information stored in the Application to other users only according to the methods provided by the Application and only in the cases provided therein and expressly indicated.
5.5 The Customer may use the Application exclusively in the manner expressly indicated in this Contract and in accordance with the law. In doing so, the Customer must comply with any technical limitation of the Application and the Connected Services and the methods of use envisaged. By way of example and not exhaustive, the Customer can not:
- decode, decompile or disassemble the Application unless such activities are expressly permitted by law provisions and in any case within the limits of such provisions;
- publish the application to allow duplication by others;
- use the Application in contrast with the law;
5.6 The Customer acknowledges that to use the Application it will have to equip itself with electrical, electronic or any other kind of equipment, software, telephone and / or network services and anything else necessary and, therefore, the Application will not includes the provision by the Supplier of tools necessary for access to the Internet. The Customer also undertakes to keep the Supplier harmless from any claim that may be made against the latter in any way or in any way related to the inability of the hardware and / or network systems and / or software to enable the correct use of the Application. The Customer acknowledges that the Internet is not controlled by the Supplier and that, due to the particular structure of the aforementioned network, no public or private entity and even the Supplier is able to guarantee and monitor the performance and functionality of the branches of the network and check the contents of the information that is transmitted through your network. For this reason, no responsibility can be attributed to the Supplier for the transmission or receipt of illegal information of any nature and species.
6. MALFUNCTIONS OR FAILURES
6.1 In the event of reporting of faults or malfunctions, the Customer undertakes to provide all the specifications and information requested by the Supplier.
6.2 In the cases referred to in the previous point where the complaint complained of by the Customer refers to problems related to the cloud infrastructure, the Supplier undertakes to promptly request the intervention of the infrastructure provider and cloud services (hereinafter the "Cloud Service"). Provider "), without prejudice to the fact that the Customer can not claim any kind of claim against the Supplier for any disruption due to the Cloud Service Provider.
7. EXECUTION OF THE INTERNET APPLICATION
7.1 The Customer acknowledges and accepts that the Application is provided "as is" and is characterized by constantly evolving technology; for these reasons the technical characteristics of the Application and the conditions of the offer may be modified when this is necessary due to technological evolution and supply and / or organization needs.
7.2 The Customer hereby provides his / her authorization for the Application and the Related Services to be provided in whole or in part by a Cloud Service Provider or by another person identified by the Supplier.
8. CUSTOMER IDENTIFICATION
8.1 The Customer has the obligation to communicate to the Supplier promptly their personal data and guarantees that they are correct, up to date and truthful. The Customer also undertakes to promptly communicate any change in personal data useful for the correct issue of sales documents relating to the purchase of services. In case of incorrect data, the Customer is obliged to notify the Supplier within and not later than the thirtieth day from the issue of the document.
8.2 The Customer acknowledges and accepts that, if he has communicated to the Supplier false, non-current or incomplete data, the latter reserves the right to suspend access to the Application and / or to terminate the Contract pursuant to Article 1456 of the Civil Code, withholding the sums paid by the Customer and reserving the right to claim compensation for the greater damage. In any case, it is understood that all data communicated by the Customer to the Supplier will be covered by the confidentiality obligation set out in this Contract.
9. RETURN OF DATA
9.1 There is no data return.
10. LIMITS ON THE USE OF THE INTERNET APPLICATION
10.1 With the activation of the Application, the Customer is considered sole and exclusive responsible for its use. The Customer acknowledges to be solely responsible for the contents entered, present, transited and / or stored on the servers hosting the Application and is obliged to use the Application exclusively for lawful purposes and permitted by law from time to time applicable, from the rules of diligence, morality and public order and in any case, without affecting any third party rights.
10.2 The Supplier is not required to verify the data and contents stored in the virtual infrastructure, unless this is necessary to comply with legal provisions, at the request of the Judicial Authority or other competent authority or at the specific request of the Customer for reasons of technical support requested by him and therefore can not be in any way held responsible for the nature and characteristics of such data, nor for any errors and / or omissions, as well as for any direct and / or indirect damages deriving from the Customer and / or to third parties from the use of the data.
10.3 The Customer undertakes to indemnify and indemnify the Supplier from any cost, expense or damage that may be caused as a result of actions of third parties, including public authorities, resulting in violation of the commitments referred to in this article.
11. CASES OF SUSPENSION AND / OR INTERRUPTION
11.1 The Supplier, also through the Cloud Service Provider, will make every reasonable effort to ensure maximum availability of the Internet Application. The Customer acknowledges and accepts that the Supplier may suspend and / or discontinue the service to guarantee ordinary or extraordinary maintenance interventions that are appropriate and / or necessary both to the premises hosting the infrastructure and to the servers and / or equipment therein. contained. In such cases, the Supplier undertakes to restore, or to have the Cloud Services Provider restore, the Application or the virtual infrastructure, as appropriate, as quickly as possible in order to reduce the inconvenience created to the Customer.
11.2 The Supplier also has the right to suspend and / or discontinue the provision of the Application and Connected Services:
- in case of improper use or violations of this Contract;
- in case of faults and / or malfunctions to the network and to the equipment of the Internet Application, depending on accident or force majeure, or involving risks to the network, people and / or things, and in case of changes and / or non-programmable and / or predictable and technically indispensable maintenance;
- if there are justified reasons of security and / or guarantee of confidentiality;
- in case of incorrect or non-compliant use of the Application by the Customer or in any case the Customer's failure to comply with legal obligations regarding the use of IT services and the Internet;
- in case of problems of the Application that can not be remedied without suspending or interrupting the service, in any case informing the Customer about the times of intervention and resolution of the problems encountered;
11.3 In any case, the Customer must inform the Supplier within 24 (twenty-four) hours of any irregularities or malfunctions of the Application. Any damage caused by a non-timely communication of the Customer will not be imputable to the Supplier.
12. SERVICE LEVEL AGREEMENT ("SLA")
12.1 The Supplier and the Customer mutually agree that the Access to the Web Application and the use of the Connected Services will be provided by the Supplier with the guarantee of a level of service availability not less than 95% of the time 24 hours a day 7 days on 7 throughout the year (Service Level Agreement, SLA). There is no minimum level of availability for free subscriptions.
13. WARRANTIES AND LIABILITY
13.1 The obligations and responsibilities of the Supplier towards the Customer are those defined in the previous article. In any case of violation or non-performance attributable to the Supplier, the same will respond within the limits set by the SLA expressly excluded, now by then, any other indemnity or compensation to the Customer for direct or indirect damages of any nature and species. The Customer acknowledges and accepts, now by then, that in all cases in which the SLA does not apply, the Supplier will respond only within the limits of the amount spent by the Customer in the last 12 months.
13.2 The Customer acknowledges and accepts that the Supplier does not issue express or implied declarations and guarantees that the Application is suitable for satisfying the Customer's needs or that it is free of errors. The Customer acknowledges that the Supplier, under no circumstances, can be held responsible for any damage that may arise to the Customer or third parties as a result of delays, non-performance or malfunctions and / or interruptions in the provision of the service. In any case, within the maximum limits permitted by law, the Supplier's liability can never exceed the amount of the amount spent in the last 12 months by the Customer.
13.3 The Customer also acknowledges that the Supplier can not in any case be held responsible for any damage that may arise to the Customer or to third parties as a result of the use of the Internet Application as well as the processing generated by the Application or by the Associated Services, being the Customer kept in any case to verify the correctness of the elaborations obtained using the Application or the Connected Services.
13.4 Without prejudice to the generality of the provisions of this article 3, the Customer accepts and acknowledges that under no circumstances can the Supplier be held responsible in case of faults and / or malfunctions to the network nor, in any case, be held responsible of compensation for loss of lost profit.
14. INTELLECTUAL PROPERTY
14.1 The Customer is obliged to use the Application in compliance with the intellectual and / or industrial property rights of the Supplier and / or third parties. The Client accepts and acknowledges that the ownership of the Application, including the source code and any adaptations, developments and improvements made by the Supplier, the relative documentation, as well as all the rights of economic use on the same, remain with the Supplier. Any material that forms the object of intellectual and / or industrial property rights in favor of third parties and that is made available to the Customer through the Application, will be used by the Customer in respect of these rights. The Customer assumes all responsibility in this regard, and undertakes to indemnify and hold harmlessly, now for then, the Supplier from any prejudicial consequence.
14.2 In the event that the Customer violates the industrial or intellectual property rights of the Supplier and / or third parties, the Supplier reserves the right to terminate the Contract pursuant to Article 1456 of the Civil Code.
14.3 The ownership of all rights on trademarks, logos, names, and other distinctive signs associated with the Application is the Supplier and / or the Cloud Service Provider, with the consequence that the Customer can not in any way use them without prior authorization written by the Supplier and / or the Cloud Service Provider.
15. LOG LOG
15.1 With reference to the provision of the Application and Connected Services, the Customer expressly acknowledges and accepts the existence of a register of activities ("Log"), compiled and maintained by the Supplier or by the Cloud Service Provider. The aforementioned register constitutes proof of the facts and acts performed by the Customer before the Supplier and / or third parties; it is of absolute confidentiality and may be exhibited and / or provided exclusively upon request by the subjects expressly indicated by the Law. The Supplier shall take all the technical and organizational measures necessary to guarantee the confidentiality of the connection registers.
16.1 The duration of the Contract is agreed upon from the activation date of the Application for a period equal to the duration of the subscription chosen as indicated in the List.
17.1 The Customer qualified as "consumer" pursuant to art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code"), or the person acting for purposes unrelated to entrepreneurial or professional activity, will have the right to withdraw within 10 (ten) days from the present Contract without any penalty, with written communication sent by recommended a / R Cristiano Vitolo Via Spineta, 14 – 84091 Battipaglia (SA) or by certified e-mail (PEC) to the address firstname.lastname@example.org.
17.2 The Supplier reserves the right to withdraw from the Contract at any time and without obligation to give reasons, giving written notice to the Customer, with a notice of at least 30 (thirty) days, without prejudice to events determined by force majeure, by virtue of which the Supplier reserves the right to terminate this contract with immediate effect. Once the aforementioned deadline has elapsed, the Contract must be considered terminated and / or terminated and the Supplier may at any time deactivate the Service without further notice and refund the Customer any amount already paid. In any case, it is expressly excluded any other liability of the Supplier for the exercise of the right of withdrawal and / or for the non-use of the Service by the Customer or the consequent right of these to claim any other refund or indemnity or compensation for any type and gender.
17.3 The customer acknowledges that after the termination of the contract, the provisions of art.
18.1 Failure by the Client of the obligations set forth in articles 8, 13 and 14 of this Contract, if not determined by chance or force majeure, will result in the termination of the right of the contract ex art. 1456 c.c ..
18.2 In any case, the Supplier's right to obtain compensation for all damages incurred is made.
18.3 The Customer may terminate the contract at any time, without any penalty and without claim refunds, indemnity or compensation, deleting the user and data through the methods provided by the application.
18.4 The Customer has the right not to renew the Contract at the end of the license period without any prior notice and without any penalty.
19. UNILATERAL AMENDMENTS AND SINGLE CONTRACT
19.1 The Customer acknowledges and accepts that the Application and the Connected Services are characterized by constantly evolving technology, for these reasons the Supplier reserves the right to modify the technical and economic characteristics of the Application and the Connected Services, of the instruments. related to them and to change the terms of the Contract and the SLA at any time, even after its subscription, without this giving rise to any kind of obligations on the part of the Customer.
19.2 If the Supplier changes the contractual conditions in any part, these changes will be communicated to the Customer by e-mail or access to the Application. The aforementioned changes will take effect after 10 (ten) days from the date of their communication. In the same term, the Customer may exercise the right to withdraw from the contract with written notice to be sent with the procedures and timelines provided for in Article 17. Failure to exercise the right of withdrawal by the Customer, in the terms and ways indicated above , the variations will be understood by these definitively known and accepted.
19.3 The Supplier may vary the technical characteristics, the systems, the resources as a consequence of the normal technological evolution of the hardware and software components, guaranteeing the Customer the same basic functionalities.
20. CUSTOMER DECLARATIONS
20.1 The Customer declares to have all the rights and powers necessary to conclude and fully and effectively execute this Contract.
21. CONFIDENTIALITY OF INFORMATION
21.1 The Customer undertakes not to disclose or otherwise make available to third parties any confidential information known or managed in relation to the execution and / or application of this Agreement without the specific written consent of the Supplier.
22. APPLICABLE LAW AND EXCLUSIVELY COMPETENT FORUM
22.1 This Contract is subject to Italian law.
22.2 If the Parties intend to refer to the ordinary judicial authority, the place of jurisdiction is that of the place of residence or of the elective domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, lett. u) of the legislative decree 206/2005. If the Customer is not qualified as "Consumer", the exclusive forum with reference to any controversy relating to this Contract, to its interpretation or execution, will be the forum of Salerno.
23. ONLINE RESOLUTION OF CONSUMER DISPUTES
23.1 The consumer residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute concerning and / or deriving from contracts for the sale of goods and services stipulated on the network. As a consequence, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Owner is available to answer any query sent by email to the email address published in this document.
24. FINAL PROVISIONS
24.1 This Agreement cancels and replaces any other previous agreement that may have occurred between the Supplier and the Customer attributable for any reason to the same user (with the same email) and concerning the Service and constitutes the ultimate and complete manifestation of the agreements concluded between Parts on this object.
24.2 Under no circumstances will any breaches and / or behavior of the Customer differing from the Contract be considered as exceptions to the same or tacit acceptance of the same, even if not contested by the Supplier. Any inaction of the Supplier in exercising or enforcing any right or provision of the Contract does not constitute a waiver of such rights or clauses.
24.3 Unless otherwise expressly stated in the Contract, all communications to the Customer may be made by the Supplier without distinction by hand, by electronic mail, certified or not, by registered mail, regular mail to the addresses indicated by the Customer during registration or subsequently acting on the User panel present in the Application and, in consequence, the same will be considered by these known. Any changes in the addresses and addresses of the Customer including the e-mail address indicated during the order not communicated to the Supplier in the manner provided by the Contract will not be enforceable against it.
24.4 Except in the cases specifically provided for in the Contract, all communications that the Customer intends to send to the Supplier in relation to the Contract, including requests for assistance, must be sent via the Support area present in the Application. In fact, from the Support area it will be possible to send an intervention ticket to request technical assistance, guaranteed in the subscriptions.
24.5 The possible ineffectiveness and / or invalidity, total or partial, of one or more clauses of the Contract will not entail the invalidity of the others, which shall be considered fully valid and effective.
24.6 For anything not expressly provided for in the Contract, the Parties expressly refer, within the limits in which this is possible, to the laws in force.
24.7 Any complaints regarding the provision of the Service, including the failure to comply with the SLA, must be addressed to the Supplier through the Support area in the Application. The Supplier will examine the complaint and provide a written reply within 10 (ten) days of receipt of the complaint. In the case of complaints due to particularly complex events, which do not allow a complete response in the terms above, the Supplier will inform the Customer within the aforementioned deadlines on the progress of the file. The Customer undertakes not to transfer the contract to third parties without prior written authorization from the Supplier.
25. PROCESSING OF PERSONAL DATA
25.1 With reference to the processing by the Supplier of personal data of third parties of which the Customer is the data controller and from the latter entered or otherwise processed in the execution of the Contract ("Personal Data of Third Parties"), pursuant to the Regulation General for Personal Data Protection n. 619/2016 ("GDPR"), the Parties acknowledge and agree to comply with the provisions of this notice at the address https://kipin.app/it/privacy/
25.2. The Supplier reserves the right to access the Customer's data for service maintenance purposes only and, in any case, only as a result of an explicit request for assistance from the Customer.
25.3 The Customer is aware of the fact that, by enabling certain features of the platform (or the "Kiname"), he may make public one or more information that he / she has entered in the Internet Application.
25.4 In the same way, the Customer is aware that, using explicitly some features (ex: Sending the web card through the channels made available by the platform, Communication of URLs dedicated to their "WebCards", Use of the Signature Mass generated by the Internet application, etc.) can send and / or make visible one or more information entered by him in the Internet Application.