legal-policy - d-onesoftwarehouse

© D-One Software House - All rights reserved - VAT: 02211990367 - Via Genova, 12, 41012 Carpi (Mo) - Choose Us
Privacy Policy - Public Contributions - Terms of Supply - Software License Agreement Terms - Cloud License Terms - Cookie Settings - Site Map

Cloud Software License Terms

Terms and conditions for the proper use of D-One Software in the Cloud

This Agreement is entered into between a Customer (individual or legal entity) and D-One for the use of the software in Cloud version (hereinafter "Cloud"). Cloud means the use of the software through authenticated access with the consequent creation of a database synchronized with servers owned by D-One. By creating and using the Cloud, the Customer unconditionally accepts all the terms of this Agreement. The Customer who does not intend to accept all the terms of this Agreement must refrain from creating and using the Cloud. The Cloud is licensed and not sold to the Customer. D-One also reserves all rights not expressly granted by the terms of this Agreement.

Contract stipulation methods

This contract allows the Customer to use the Cloud for personal use on their devices. The Cloud is considered in use, and therefore the contract is in effect, as long as there is a database on the D-One's servers created with the Customer's credentials.

The contract is concluded at the moment the Customer accepts it during the creation of the Cloud database. Failure to accept the contract will not allow its creation.

Fees and payments

The Customer is required to pay the fees for the use of the service in question (which the Customer hereby declares to be aware of and hereinafter referred to as the Price List). D-One reserves the right to make changes to the Price List, it being understood that the new Price List will be applied after the expiry of the service subscribed to by the Customer.

The Customer acknowledges and accepts that payment can only be made using one of the methods indicated.

In the event of non-payment or delayed payment of any amount due under this contract, D-One shall have the right to immediately suspend any service without further notice until receipt of the amount due.

Use of the service

The Customer has the option to activate different types of subscriptions to the Cloud version of D-One software. The subscriptions have a limited duration.

The Customer acknowledges that in order to use the D-One Cloud software, they must provide themselves with the necessary electrical, electronic, or any other type of equipment, software, telephone and/or network services, and anything else required, and that the service does not include the provision by D-One of the tools necessary to access the internet. The Customer undertakes to hold D-One harmless from any claim that may be made against the latter for any reason or in any way connected to the inadequacy of the hardware and/or network and/or software systems necessary to ensure the correct use of the service.

Malfunctions or breakdowns

In case of reporting faults or malfunctions, the Customer undertakes to provide all specifications and information that may be requested by D-One.

In the cases referred to in the previous point where the complaint made by the Customer concerns issues related to the cloud infrastructure, D-One undertakes to promptly request the intervention of the cloud infrastructure and services provider, it being understood that the Customer may not make any claim against D-One for any disruption attributable to the provider of the cloud infrastructure and services.

Limitations in the use of the service

With the activation of D-One software in Cloud version, the Customer is considered the sole and exclusive responsible party for the use of the service. The Customer acknowledges that they are solely responsible for the content entered, present, transmitted and/or stored on the servers hosting the service and undertakes to use the service exclusively for lawful purposes and as permitted by the applicable legal provisions from time to time, without infringing any third-party rights. It is also agreed that D-One software is GDPR ready but is not suitable for processing health data (art 9) and/or judicial data (art 10), therefore the use of the service for entering such types of data is not permitted. Use is allowed only for users who have reached the age of majority.

Cases of suspension and/or interruption

D-One has the right to suspend and/or interrupt the provision of the Cloud in case of improper use or violations of this contract.

Deletion of the database from the servers

D-One will delete the Customer's database from its servers 30 calendar days after the service is discontinued and/or after non-payment of the contract renewal.

Guarantees and liability

The Customer acknowledges and accepts that D-One does not make any express or implied representations or warranties that the Cloud service is suitable to meet the Customer's needs or that it is error-free. The Customer acknowledges that D-One, under no circumstances, can be held liable for any damages 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 Cloud service. In any case, to the maximum extent permitted by law, D-One's liability shall never exceed the amount spent in the last 12 months exclusively for the Cloud service by the Customer.
Customizations and adaptations performed by D-One on the SOFTWARE PRODUCT, if carried out via remote assistance directly on the SOFTWARE PRODUCT, with direct and immediate verification by the Customer, are excluded from the warranty. In cases where customizations and adaptations on the SOFTWARE PRODUCT are delivered remotely to the Customer after internal development, the Customer has a maximum of 5 working days to report any malfunctions of the delivered implementation by email to help@d-one.info. Beyond this period, the warranty on customizations expires, and any reported defects or shortcomings may be considered according to the procedures provided by the standard support service, regulated by the purchase of Vouchers.
Any changes to the SOFTWARE PRODUCT and the structure of the Databases, not carried out directly by D-One's Technical department, will result in the cancellation of the standard warranty on the SOFTWARE PRODUCT itself, on all associated services, and on customizations performed following the direct request of the Customer.

Withdrawal

The Customer qualified as a “consumer” pursuant to art. 3 of Legislative Decree 2016/2005 (so-called “Consumer Code”), i.e. one who acts for purposes unrelated to entrepreneurial or professional activity, will have the right to withdraw within 10 (ten) days from this contract without any penalty, by written communication sent by registered letter with return receipt to D-One Software House Via Genova 12, 41012, Carpi (MO) or by certified email (PEC) to the address amministrazionedone@pec.it.

After this period, the "consumer" will no longer be entitled to any refund.
For purchases made by the "consumer" through D-One's sales channels relating to Personalization and Assistance services, the right of withdrawal and refund does not apply.
From the moment D-One has taken charge of the work confirmed by the "consumer" and/or the assistance services are used by the same, any right of withdrawal and refund lapses.

D-One reserves the right to withdraw from the contract at any time and without obligation to provide justification, by giving written notice to the Customer with at least 30 (thirty) days' notice. After this period, the contract shall be considered terminated and/or ended and D-One may deactivate the Cloud service without further notice and refund the Customer for any amount already paid. In any case, any other liability of D-One for exercising the right of withdrawal and/or failure by the Customer to use the Cloud service, or the consequent right of the Customer to claim any other refund, compensation, or indemnity, is expressly excluded.

Duration

The duration of the Contract is agreed from the date of activation of the Cloud service for a period equal to the duration of the subscription chosen as indicated in the Price List.

Applicable law and exclusive jurisdiction

This contract is subject to Italian law. The competent court is that of Modena.

Processing of personal data

With reference to the processing by D-One of personal data of third parties for which the Client is the data controller and which are entered or otherwise processed by the latter in the execution of the contract (“Third-party personal data”), pursuant to the General Data Protection Regulation 619/2016 (GDPR), D-One is considered the Data Processor. It is possible to request the register of processing on behalf of third parties by sending a request via email to info@d-one.info.

The personal data of the Customer, or of the Customer's personnel, collected and processed by D-One for its own purposes and methods and for which it is the data controller, will be processed in accordance with the information provided on the website http://www.d-one.info/privacy-policy/.