Chapter 1 – General rules
Article 1 (Purpose)
These Terms of Service (the “Terms”) are made in order to provide rights, obligations and responsibilities between Smartdhome Srl. (the “Company”) and its customers in relation to cloud services (the “Service”) offered by the Company.
Article 2 (Definitions)
(1) “Customer (s)” means any person authorized to use the services offered by the Company and has subscribed to the service by registering on the Company’s website or through the Client program.
(2) The “Service Contract” means a contract signed between the Company and a customer for the use of the Services.
(3) “ID” means a combination of letters and numbers selected by the Customer and accepted by the Company as an identifier of the customer during use of the Services.
(4) “Password” means a combination of letters and numbers configured by the customer to protect their personal data and to authenticate their identity.
(5) “Services” means the various Internet-based services that the Company offers through its website or any derivative works based on the internet. Representative services include services for applications that consist of different types of web services.
(6) “Website” means the website where the Company offers services to these terms.
(7) “Device (s)” means devices or digital applications used by clients to access the Services, including gateways, connectivity devices, personal computers, tablets and smartphones.
(8) “Client” means the programs installed on the devices for the use of the Services.
(9) “Content ” means data collected, demographic information, documents, video files and any other information submitted by a customer during use of the Services.
(10) “Storage Server” means an area of virtual storage where the contents can be stored.
Article 3 (Validity of and Amendment of Terms)
(1) These Terms shall be effective from the moment the customer accepts the agreement made by the Company’s website, the pages linked to the Service or any other means provided by the Company.
(2) The Company has the right to amend these Terms at any time (the “Amendments”) provided that such amendments do not violate any law.
When the Company amends these terms, it will announce the revised terms along with details of the Amendments, showing them (along with the effective date and the reasons for the amendments) on the home page of the website, for a period of seven days prior to the effective date of the amendments.
In the case of amendments which result in a significant impact on the rights or obligations of the Customer, details of the Proposed Amendments will be announced 30 days prior to the date they come into force.
(3) a customer will be deemed to have accepted any amendments unless they act explicitly in order to reject them.
In the case where a customer rejects the amendments, the Company reserves the right to terminate these Terms and the Services immediately and without notice to the customer.
(4) The Company shall not be responsible for damage to, or loss suffered by, Customers because of their inability to comply with an amendment to the Terms, provided that the Company has followed up on all of its obligations under this Article in relation to these amendments.
Article 4 ( Notice to Customers)
(1) The Company has the right to notify customers using e-mail, text messages, notifications, and other media.
(2) When the Company is required to provide a notice to more than one customer, the company, rather than performing individual alerts for each individual customer, can publish the details of such notices on the website or pages related to the service.
Chapter 2 – Service Contracts
Article 5 (Establishment of Service Contracts)
(1) A service contract is formed when: (i) a person who wishes to become a customer: (a) agrees to these Terms, and (b) submits the applicable application form provided by the Company in any form and (ii) such application is accepted by the Company.
(2) Applicants must complete the application form accurately and truthfully .
Access to Services for Customers who provide false information, will be immediately terminated, as soon as the Company is aware of these facts.
(3) As part of the application process, each applicant must enter an ID, sometimes provided directly by the Company, which will be used as a unique identifier for that applicant.
Article 6 (Limitation acceptance)
The Company has the right to refuse or delay its acceptance of any request in the following cases:
(1) data belonging to others or false information provided by the applicant or required data is not provided by the applicant; (2) the applicant intends, in the opinion of the Company, to use the Services for unlawful purposes, including the pursuit of profits or breaking the applicable law; or (3) the request is made by a previous customer whose service contract has been terminated.
Article 7 (Termination of Service Contract)
(1) Termination by Customer
1. Customers may terminate their Service Agreement at any time by giving notice to the Company through the website or through any other means of contact provided by the Company.
2. The Company will process all requests for a speedy termination after receiving them. The Company may require identification to authenticate the customer.
3. Any customer who voluntarily terminated their service contract may re-register for the service with a new ID.
(2) Termination by the Company
1. The Company may terminate any Service Agreement at any time by alerting the customer when the customer has: (a) infringed the intellectual property rights of the Company or other third parties; (b) caused, or, in the opinion of company, would be likely to cause damage to the reputation of the Company or of other customers or third parties; (c) committed or attempted actions that act to prevent, restrict or adversely affect the provision of services by the Company; (d) provided false information in relation to their application request; (e) violate these Terms; or (f) committed illegal acts in relation to the Services.
2. The Company may also terminate all Service Contracts in cases where the Company has decided to discontinue the Services.
(3) Any loss or damage caused by the Customer in connection with the termination of the Service Agreement pursuant to this article shall be entirely borne by the customer, subject to termination and the Company will have no liability in connection with such termination.
(4) Upon termination of the Service Agreement , the Company will immediately delete all data associated with that customer, including all personal data stored on the Content Server Storage. However, some data will be kept by the Company solely for use in connection with the operation of the website.
Chapter 3 – Use of the Services
Article 8 – (Details of the Services)
The Company will provide the following services:
(1) the ability for the customer to transmit content between devices, to load contents of and / or download from the Content Storage Server.
(2) the ability that the contents are transmitted between the server and storage devices via any network technologies.
(3) 2 years of storage for each customer on the Content Server Storage. Additional storage can be purchased by the customer with prior agreement with the Company.
(4) The content stored on the server storage can be cancelled by the Company upon termination of these Terms and / or the Services. The Company will engage in a reasonable manner in order to offer the customer a reasonable advance notice prior to cancellation of the Content.
(5) To keep their software resident on the client device (s) or server systems.
Article 9 (Cost)
The Company will provide the Services to Customer at cost as agreed from time to time.
Article 10 (Home Service)
The Company will begin providing the Service after the date on which the client requires the service for the first time after accepting the request of the Customer by the Company .
Article 11 (Service Availability)
(1) The Company will engage in a reasonable manner to provide service 24 hours a day, 365 days a year, unless extraordinary operational or technical difficulties prevail. The Company may, at any time, change the hours of availability of specific sections of the Service by posting a notice on its website.
(2) In cases where the Company is unable to provide the Service due to technical or operational failures, the Company will engage in a reasonable manner in order to advise as soon as possible of this fact on the home page of the website or on Client programs, but will not be responsible in any way for issues related to these failures.
(3) If the Company decides to discontinue the Service , the Company will notify all customers of the date on which the Service will be interrupted and all Service Contracts will terminate on that date.
Article 12 (Change of Service)
(1) The Company may at any time add, modify, or remove any or all of the Services or the hardware responsible for the provision of the Services or change the hours of operation of the Services.
(2) The Company will notify customers about the changes to the Services made pursuant to Article 12 (1), including details of the changes made to the Services and the dates these amendments come into force. However, the Company will have no obligation to provide such notification in cases where advance notice is impossible or immediate changes are required due to circumstances beyond the control of the Company .
(3) The Company shall in no way be liable to Customer in respect of any losses that arose as a result of changes to the Services.
Article 13 (Provision of information and advertising)
(1) The Company can provide customers various kinds of information using the website, on pages related to the Service or by mail, e -mail, SMS or otherwise (“Information”) .
Customers have the right to notify the Company if they do not wish to receive such information and , in the event that the Customer provides such notice , the Company will exclude Clients from the receipt of such information.
(2) The Company may display advertisements or provide together with the information (the “Advertisement “).
In order to provide advertisements tailored to the individual customer , the Company is entitled to use the personal data provided separately by the Customer to the Company , including data such as age, gender and location.
In order to offer innovative services to the individual customer , the Company may use any Content stored on the Storage Server.
(3) The Company shall not be liable in relation to advertising and the products and services of third parties advertised. Furthermore, the services offered on the sites linked to or from the website or from the pages related to the Service (other than those operated by the Company) are made independently by the Company and the Company is not responsible for any damages and / or losses incurred by the customer as a result of transactions or communications in accordance with those third parties.
Article 14 (No resale)
The Customer will not use the Services and any of their parties for commercial purposes , by means of copies , duplication, sale, resale or transfer of the Services to any third party unless otherwise agreed in writing .
Article 15 (Compensation)
The Company has the right to seek compensation for damages from the Customer who intentionally breaches these Terms.
Article 16 (Contact address of the Company)
The name and full address of the Company are as follows:
(1) Name of the Company: Smartdhome Srl.
(2) Address: Viale Longarone, 35 – 20080 Zibido San Giacomo (MI).
(3) Telephone Number: +39 02-4888631.
(4) Email Address: firstname.lastname@example.org.
Chapter 4 Obligations of the parties to the contract
Article 17 (Obligations of the Company)
(1) The Company provides free updates to the Client for customers who have subscribed to the regular fee of Service.
(2) The Company shall operate quickly to complaints received from the Customer in connection with the Services and the Company will keep an up to date record of their complaints.
Article 18 (Obligations of the Customer)
(1) Customers must comply with these Terms and in particular must not:
1. Provide false information when completing the application form to gain access to the Services.
2. Use the ID or password of other customers without authorization or illegally.
3. Use the Services or access the systems for purposes other than those originally intended.
(2) The Customer will co-operate with the Company to resolve bugs discovered in the Service or in the associated technological devices and, in particular, promptly inform the Company by e-mail or through the help desk service in the event of discovery of bugs during the use of the Services.
Article 19 (customer ID and password)
(1) The Customer will be responsible for the conservation and protection of their ID and password.
(2) The Customer will not allow any third party to use their ID or their passwords. Customers will alert the Company swiftly and will follow its instructions in case they discover that their ID or password has been used by third parties without their approval or authorization.
(3) The Company may at any time require the Customer to change their password or act in order to protect the personal data of customers or to prevent the unlawful use of the Services. Customers will complete all these requests as soon as possible.
Chapter 5 Other
Article 20 (Exemptions and compensation)
( 1) The Company shall have no liability for any damage or loss caused by: 1. inability of the Company to provide the Services due to natural disasters, increase in service traffic, or any other unforeseeable event which prevents or restricts the provision of the Services by the Company; 2. intentional acts or negligence on the part of clients that involve failure of the Service; or 3. indirect losses due to failure of the Service or the information obtained from the Services.
(2) The Company is not responsible for the contents of any data or information uploaded or stored on the Server Storage by customers, including their accuracy or reliability .
Article 21 (Payment of Fee)
In the event of late or non- payment of fees, use of the Services will be locked automatically without the need for prior formal notice by Smartdhome.
Smartdhome can restore the usability of the Services only after full payment of fees; still at the Companies discretion.
Article 22 (Prohibition of assignment)
The use of software in the device (s) should be by the customer only. The Customer may not assign without the prior written consent of Smartdhome in any way and license in any form, software or material related to it.
Violation of this prohibition will result in the right of termination of this contract and the obligation for the customer to compensate for Smartdhome all consequential damages, including damages arising out of the improper use of the software by unauthorized third parties, as well as the same responsibility in accordance with current legislation regarding the protection of industrial property.
Article 23 (Assistance and updates)
The fee entitles you to receive all free software updates that may be made available by the Company.
Unless otherwise expressly agreed in the terms of service contracts , the technical support will be provided through the telephone number or on-line for a fee, and is directly overseen by the technicians of the Company, on weekdays from 9:00 to 13:00 and from 14:00 to 18:00.
The service will not be guaranteed during the Christmas and Easter holidays.
The determination of the mode of action and related operations is left exclusively to the Company, which shall decide, at its sole discretion, which to perform.
The Company therefore reserves the right not to perform service if it considers more convenient replacement of the device (s) with any updates to the same or to divert these activities to partners in your area.
Article 24 (Severability)
In the event that any party to these Terms shall be unlawful , invalid or unenforceable in another way by the courts or regulators, then, if required, that part will be removed from the Terms and the remaining portions of these Terms will still be applicable .
Article 25 (Transfer of Rights)
Customers may not assign, sub -license or otherwise transfer any of their rights or obligations under these Terms to other people.
Article 26 (Applicable law)
(1) In the event of a dispute between the Company and a customer in connection with the Services, both parties will endeavor to settle the issue amicably.
(2) All disputes subject to these Terms will be governed by United Kingdom law and both parties hereby agree to be subject to the exclusive jurisdiction of the court of Milan.