Terms of service

Definitions

Subscription. One of the different licensing plans listed on the site. Subscriptions vary based on functions and number of users.

Agreement. The agreement for the processing of personal data, which governs the processing of personal data related to the use of the Program by the Customer.

Attachments. Any additional document attached to these conditions, whether it is unilaterally prepared by Cosmobile or expressly agreed between the Parties.

Customer. The user, natural or legal person, who purchases and uses the Program.

Contract. The document consisting of these license conditions, the economic offers for Subscriptions and Expansions (which are considered herein fully referred to and transcribed), the Agreement, any Attachments and the specific conditions agreed, in writing, between Cosmobile and the Customer .

Cosmobile. Cosmobile S.r.l. (VAT number 02864441205), current in Minerbio (BO – 40061) at Via Europa n. 6.

Expansion. The server space expansion pack associated with your Subscription.

Set off. Unless otherwise indicated, Cosmobile and the Customer are meant.

Program. The application software “Paginae”.

Site. The paginae.it site.

Subject of the license

Cosmobile grants the Customer a limited, non-sub-licensable, personal, non-exclusive, revocable and non-transferable license to use the Program.

The Customer has the right to use the Program and to take advantage of its features in compliance with this agreement.

License Term

The license lasts for one year, starting from the date of activation of the Program.

Upon expiry of the contract, the license will not be renewed automatically and, therefore, it will be necessary to proceed with the signing of a new contract with payment of the relative fee.

Any free trial periods will not be counted towards the annual calculation.

Trial period

For promotional and commercial purposes only, Cosmobile intends to offer free of charge the first 15 (fifteen) days of the license starting from the date of first activation, without this giving rise to or constituting any right on the part of the Customer.

The trial period can only be used for new activations and only once.

In any case, Cosmobile reserves the right not to grant the trial period or to modify its duration, at its sole discretion and without any obligation to give reasons.

During the trial period, the Customer will not be subject to any financial obligation; after the trial period has elapsed, the Customer must proceed with the payment of the annual fee in order to continue using the Program.

Canon

The Program is licensed upon payment of a specific fee, calculated on a monthly basis and paid in advance for 12 (twelve) months, according to the prospectus provided for the individual Subscriptions.

Any fees provided for the Expansion must be paid in the same manner as the fees for the Subscription, with an advance payment of 12 (twelve) months in a single solution.

The fee can never be refunded or returned, not even partially.

Suspension and termination

The Customer acknowledges and accepts that Cosmobile reserves the right to suspend or interrupt the supply of the Program: if there are reasons of security and / or confidentiality; in case of violation, by the Customer, of the obligations arising from the Contract; in case of violation by the Customer of the legal obligations regarding the use of IT services and the Internet; in the event that problems arise such as to make it impossible to resolve them without suspending the provision or use of the Program.

Liability and guarantees

The Program is provided in the state of fact in which it is found: subject to the mandatory provisions of law, Cosmobile does not provide any guarantee on the Program and declines any responsibility towards the Customer and / or third parties for any direct, indirect or any other kind , however originated or derived from the Program, its use or non-use.

Cosmobile does not undertake any obligation to keep available, correct, refine and / or develop the Program or to carry out any other activity in relation to it.

The risk regarding the quality, performance and use of the Program features falls exclusively and in any case on the Customer.

Cosmobile does not guarantee that the Program is immune from malfunctions or moments of unavailability, including due to maintenance and / or bugs.

Intellectual property

All intellectual property rights, including the relative rights of economic exploitation on the Program and on the derivative works are and remain, in whole and in part and everywhere in the world, the exclusive property of Cosmobile.

The Customer undertakes, also pursuant to art. 1381 of the Italian Civil Code, to use the Program within the strict limits of the license and in compliance with the intellectual property rights of Cosmobile. Therefore, by way of non-exhaustive example and without prejudice to the mandatory legal limits, the Customer will not be able to: circumvent the technical limitations and technological protection measures present in the Program; reverse engineer, decompile or disassemble the Program; publish or have the Program published; market the Program for any reason.

All rights on trademarks, logos, names, domain names and other distinctive signs associated with the Program and Cosmobile also remain, with the consequence that the Customer cannot in any way use them without the prior written authorization of Cosmobile.

Treatment of personal data

The personal data provided by the Customer to Cosmobile for the activation of the trial period and / or the Subscription will be processed in compliance with current legislation on the protection of personal data, as highlighted in the information that can be reached at the following address: [LINK]

The personal data of third parties – including employees, collaborators, partners and customers of the Customer – will be processed by Cosmobile in compliance with the current legislation on the protection of personal data and only in accordance with the provisions of the Agreement, which is considered to be fully transcribed here.

Data retention

Except as provided for the processing and storage of personal data, Cosmobile will keep the data uploaded by the Customer for the entire duration of the license and for a further 60 (sixty) days after termination.

In the event that the Customer obtains a new license for the seamless use of the Program, Cosmobile will continue the storage uninterrupted until the definitive termination of the relationship and for an additional 60 (sixty) days.

After the term of 60 days following the expiry of the license, Cosmobile will remove and destroy all data uploaded by the Customer to the Program, without any possibility of recovery.

Invalidity and partial ineffectiveness

Any invalidity or ineffectiveness of any of the agreements and clauses of the Agreement will leave the other agreements legally and functionally independent intact, except for the provisions of art. 1419 of the Italian Civil Code.

Jurisdiction

These license conditions are drawn up in Italian and governed by Italian law.

Any interpretation must be made on the basis of the law applicable in the Italian Republic and referring to the text in Italian, which prevails over any other translation made available on the Site.

Unless the Italian and / or European law provides otherwise, any dispute resulting from, deriving from or related to the Agreement and this license will be exclusively devolved to the Court of Bologna.

Changes

The Contract may be modified by Cosmobile at any time, upon written notice to the Customer, also by posting the new conditions on the Site.

In case of unilateral modification by Cosmobile, the Customer will have the right to withdraw from the Contract with written communication to be sent by registered letter with receipt of receipt to the legal domicile of Cosmobile or by certified e-mail to the digital domicile of Cosmobile, within the term 15 days from the communication or publication of the new conditions; in the absence of exercise of the right of withdrawal by the Customer, within the terms and in the manner indicated above, the changes to the Agreement will be deemed to be definitively known and accepted by the latter and will become definitively effective and binding also for existing relationships.

Any modification or derogation to the Contract, jointly established by the Parties, must be drawn up in writing under penalty of nullity.

Update

These conditions were published on 12/02/2021 and have become effective towards all customers and in relation to all existing and future relationships, starting from 12/02/2021.