GENERAL CONDITIONS OF SUBSCRIPTION TO THE SERVICE
“FRESHCLOUD THE IRINOX COOL CONNECTION” - FLAT VERSION
These general terms and conditions govern the use of our FreshCloud platform The Irinox Cool Connection - Flat Version (hereinafter “FreshCloud”). Before using the “FreshCloud” platform, register on this APP and open an account. To complete the registration process, we will ask you to give your explicit consent to these general conditions. If you do not consent, in whole or in part, you will not be able to use our “FreshCloud” platform.
2.1. The following expressions and terms have the indicated meaning:
- "Access Key": confidential identification code (user id) and password, defined by the Customer at the time of registration on the portal, through which the Customer can access and use the Service.
- "Service": service for accessing and using an IOT platform. This platform consists of a cloud environment, accessible via the Internet network provided by the Customer, where all the operating data of the connected machine are collected. The Customer is also provided with a mobile application, accessible via an app downloadable from the Google Play Store or Apple App Store from a smartphone or tablet, from which the Customer can monitor, or view in real time, the operating status of the machine (s). and enabled for the Service and modify some set points of the running cycle. Furthermore, from the same platform it is possible to analyze some operating statistics of the connected machine (s), in which the data availability window is equal to 30 days. Finally, the Customer can download the reports useful for compliance with the HACCP regulations, automatically loaded by the machine and translated into pdf format and available on the platform for 30 days.
3. OBJECT, ACTIVATION AND PROVISION OF THE SERVICE
3.1. These general conditions apply to all contracts, as an integral and substantial part, concerning the provision of the Service by Irinox for the use of the "FreshCloud" platform.
3.2. The day of the first connection of the machine to the portal will constitute the day of activation of the Service and the day of the commencement of the relative contract.
3.3. The Service will be activated only in association with one or more identification machine Serial Numbers.
3.4. The “FreshCloud” platform can only be accessed via the Internet. As a Customer, you are held responsible for your Internet connection and the Internet connection of the machine and / or machines connected to the network via the “FreshCloud” platform.
3.5. We grant you a non-exclusive and non-transferable license to use the "FreshCloud" platform as part of your normal business operations. This use excludes the creation of online or offline prints of any material accessed through the "FreshCloud" platform and also excludes the recreation and formatting, analysis, printing or viewing of such materials in the context of normal business operations. . Unless otherwise specified in these general conditions or expressly permitted by Irinox in writing on a case-by-case basis, // any commercial publication, distribution, presentation, reproduction, modification or sale of these materials in whole or in part is prohibited.
4. DURATION OF THE CONTRACT
4.1. These general terms and conditions will run from the Service Activation Date and will be valid for 24 (twenty-four) months, upon expiry of which they will be automatically renewed, without prejudice to the cancellation referred to in the following art. 4.3.
4.2. If you wish to use the Service with new and different features, you will have to send a formal written request to Irinox (at the following address: firstname.lastname@example.org) with the specifications of the same. Irinox, after analyzing your request for new and different features, will communicate its previous feasibility assessment. If Irinox's response is positive, you will need to enter into a new subscription contract with Irinox (CUSTOM version) with additional subscription conditions.
4.3. If you wish to withdraw from the Service, it will be sufficient to send a formal written request via e-mail to Irinox (at the following address: email@example.com) to delete all your data entered in the App. Irinox will notify you via e-mail of the fact deletion of your data. In any case, Irinox has the right to withdraw from these conditions with a notice of 60 (sixty) days, to be sent in writing.
5. FREE SERVICE
5.1. The Service is offered free of charge by Irinox in the manner and provisions set forth in these general conditions.
6. SUSPENSION OF THE SERVICE
6.1. Irinox may suspend or temporarily interrupt, in whole or in part, the provision of the Service in cases of disputes and / or requests of any kind from Public Authorities (e.g. police forces, judicial authorities, etc.) or in any other if Irinox deems it necessary, without this entailing any responsibility of Irinox towards you. The suspension period cannot be recovered under any circumstances.
7. LIMITATION OF LIABILITY
7.1. The Service will be provided and will function substantially corresponding to what is indicated in the related illustrative documentation (user manual).
7.2. Irinox does not guarantee that the Service:
- the. meets your specific needs or expectations if different from those indicated in the illustrative documentation (user manual);
- has different characteristics or performs different functions than those indicated in the illustrative documentation (user manual);
- has service levels other than those indicated in the illustrative documentation (user manual).
7.3. Irinox assumes no responsibility for the use of the Service made by you.
7.4. Without prejudice to the mandatory limits of the law, also in light of the free service, Irinox cannot be held responsible for damages, of any kind, that you and / or third parties may suffer due to the use of the Service or delays, suspensions, interruptions, defects and / or malfunctions of the Service.
7.5. Irinox is committed to ensuring that the information on the “FreshCloud” platform is accurate. However, Irinox is not obliged to guarantee their instantaneousness, correctness and their historicity, except as provided for in the previous art. 2.1.
7.6. Irinox uses typical commercially available systems to protect our systems from attacks by third parties. However, Irinox is not held responsible for the prevention of limitations caused by third parties (e.g. through viruses), nor can Irinox be held responsible if your computers / smartphones / tablets, computer programs / smartphones / tablets, files or other materials protected are infected as a result of using the “FreshCloud” platform or a website connected to it. Therefore, as a Customer you are held responsible for configuring the computer programs you use to access the “FreshCloud” platform, as well as using your updated virus protection software. Irinox will not check the content of websites linked to the “FreshCloud” platform. The existence of these links does not constitute express approval by Irinox of the linked websites. As a Customer, you are held solely responsible for maintaining the confidentiality of your password and other login information.
8. OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMER
8.1. As a Customer, you undertake to keep and keep the Access Key secret with the utmost care and diligence. You are prohibited from transferring the Access Key to third parties for any reason.
8.2. You are also obliged to use the Service exclusively in the context of your professional activity, with the duty not to reproduce it, in any way, even partially, distribute it, sell it, rent it, or in any case allow its use to third parties in whole or in part, to any title or form, whether for consideration or free.
8.3. As a Customer, you are personally responsible for any damage that may be caused to Irinox or to third parties as a result of improper use and / or the theft or theft of the Access Key and, in any case, from its use by third parties.
8.4. You are also obliged to use the Service in full compliance with all applicable laws and in accordance with the characteristics indicated in the illustrative documentation provided to you (user manual).
8.5. All costs relating to electrical, electronic or any other kind of equipment, software programs, telephone and / or network services and anything else necessary to access and use the Service are your sole responsibility. Therefore, you declare that you have been informed and that you know the hardware and software requirements (e.g. operating system) necessary to be able to access and use the Service.
8.6. You also undertake to hold Irinox harmless and harmless from any claim, action or request for compensation from third parties in any way connected to the violation, by you and / or your employees, collaborators, partners and / or associates, even of just one of the obligations and / or obligations referred to in this article 8.
8.7. You are also obliged to hold Irinox harmless and harmless from any claim, action or request for compensation from you and / or from third parties in the event that the machine and / or machines have been connected to other third party platforms and / or to others. different integration systems d to those provided by Irinox. Therefore, Irinox will not be held liable under any circumstances, nor in the event of improper use of the machine and / or machines connected to other third party platforms and / or other integration systems other than those provided by Irinox, nor in the event of harmful event caused by proven causes of force majeure.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The contract does not grant you any rights on the distinctive signs, of any kind, relating to Irinox and the Service affixed to the relative documentation and on the websites dedicated to the Service.
9.2. You will not have any rights, or make any claims, on the intellectual property rights relating to the Service, or to any programs and other intellectual creations of Irinox or third parties that have granted Irinox rights to use them for the operation of the Service. You undertake to indemnify and hold Irinox harmless from any prejudice, damage, indemnity, cost, loss or expense (including legal fees) it may incur as a result of questions, complaints, claims or actions of relevant third parties, employees and / or related to an infringement by you of any third party intellectual property rights in connection with your use of the Service.
10. PROHIBITION OF ASSIGNING THE CONTRACT
10.1. You will not be able to transfer the contract to third parties without the prior written consent of Irinox.
10.2. With prior notice, Irinox may, at its discretion and at any time, assign or transfer the contract to companies and / or entities belonging to the group to which Irinox belongs.
11.1. In this article, "Confidential Information" means all information not available to the public of any kind (oral, written or in any other form) even if not specifically qualified as "confidential" - including, by way of example and not limited to, all deeds, documents, news, projections, prices, sales techniques, materials, processes, estimates, estimates of a technical, managerial, administrative, economic, marketing, economic, commercial or financial planning nature, or having an intellectual property nature or industrial of any kind (including know-how) - relating to Irinox, which have been or will be provided to the Customer or to any person operating on its behalf, in the context of a contract concluded with Irinox.
11.2. With reference to the Confidential Information, you are obliged - expressly assuming the commitment pursuant to art. 1381 cc due to the fact of the subjects acting on its behalf:
- to consider the Confidential Information as strictly confidential and, except as expressly permitted by this article or without the written consent of Irinox, not to communicate or disclose the Confidential Information to third parties by any means;
- take all necessary measures to preserve the confidential nature of the Confidential Information;
- use the Confidential Information only within the limits of - and for the purpose of executing the contract concluded with Irinox;
- to destroy - at the request of Irinox - the Confidential Information at any time, also providing written confirmation of the destruction.
11.3. The confidentiality commitment provided for in this article 12 does not apply where disclosure is required by law or by the judicial authority; in this case you will inform Irinox in advance and, in any case, you will not disclose more than is strictly necessary to comply with legal or judicial authority obligations.
11.4. You also declare that you are aware and accept that the machine and / or machine usage data collected through the cloud may be analyzed by Irinox for any statistics, improvement of the Service, predictive maintenance and remote assistance. With reference to Confidential Information, Irinox undertakes to keep your machine and / or machine usage data collected through the cloud confidential.
12.1. The Parties mutually undertake to observe all the obligations deriving from the legislation on the protection of personal data, in particular: Regulation (EU) 2016/679, any further provision dictated at national or supranational level on data protection and the provisions issued by the Authority for the Protection of Personal Data ("Applicable Privacy Law").
12.2. For the purposes of the execution of this contract, the Parties will act as autonomous and independent data controllers of the personal data that may be communicated in the context of the execution of the contract and which will be used exclusively for the purposes related to the execution of the contract or to give fulfillment of legal obligations.
12.3. For this purpose, the Parties declare and guarantee that: any communication of personal data of which they are independent owners takes place in compliance with the Applicable Privacy Law; have informed the interested parties and have been authorized by them to communicate such data to third parties.
13.1. Without prejudice to further cases of termination provided for by other articles of the contract, Irinox may terminate the contract by sending you a written notice pursuant to art. 1456 of the Civil Code in cases of violation by you of the obligations referred to in Articles. 8.1; 8.2; 9; 10; and 11. In any case, Irinox's right to compensation for any damage suffered remains unaffected.
14.1. The invalidity, ineffectiveness or nullity, for any reason whatsoever, of any part of the Contract will not invalidate or affect the validity of the remaining clauses, which will therefore remain in force. If one or more of the provisions of the Agreement are deemed invalid, the Parties will make the necessary changes to ensure that the objective they had intended to achieve through the drafting of these clauses is still achieved.
14.2. Failure or delay in exercising any of the rights provided for in the Contract by one of the Parties cannot in any way be understood as a waiver of said right.
15. GOVERNING LAW AND JURISDICTION
15.1. These general conditions, orders and contracts concluded between the Parties by means of the latter will be governed by Italian law.
15.2. The Parties agree that any dispute arising from, or connected with, this Agreement, its interpretation and its execution will be subject to the exclusive jurisdiction of the Court of Treviso (Italy).
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