URMET CLOUD

TERMS OF SERVICE AND PRIVACY POLICY






These Contractual Terms regulate the relationship between you (hereafter known as User(s)) and URMET S.p.A., VAT no. 06888290019, Via Bologna 188/C, 10154 Turin, Italy (hereafter also URMET) and your use of the Cloud products, services, software and websites of URMET (hereafter, the Services). By using the Services, you agree to be bound by the terms set out below.
The terms of this contract are those on the basis of which URMET grants to Users access to the website. Where you do not intend to accept one or more provisions of this document, please do not use the Services.

1.    REGISTRATION AND ACCOUNT
    1.1.    Users who accept the terms and conditions set out in this document are allowed to register an account in order to use the online Services and they are required to provide some mandatory personal information and to proceed with the respective checks required by the rules in relation to communication in the various countries. Users agree to:
        1.1.1.    provide truthful, accurate, updated and complete information.
        1.1.2.    promptly update the details provided making all necessary changes in order to ensure the ongoing quality of the information requested in point 1.1.1.   
    1.2.    Users are fully and solely liable for any breach of the foregoing.
    1.3.    In the case of a breach of the foregoing, URMET will be entitled to terminate the contract in accordance with Art. 1456 of the Italian Civil Code and, in any case, to suspend the Services or part of them at its exclusive discretion.

2.    SECURITY
    2.1.    Users are solely liable for the confidentiality of the passwords they use to access the Services and will be liable for any activity performed using their account, whether authorised or not by the Users. URMET accepts no liability in this regard.
    2.2.    Users acknowledge that they must use all appropriate caution in order to safeguard and protect the transmission of data and files to URMET.
    2.3.    Users undertake to communicate immediately to URMET any unauthorised use of their account, password and any other security infringements. URMET reserves the right to undertake all actions deemed necessary or reasonable in order to ensure the security of the account and the online Services, including, by way of example, closing the account, changing the password or requesting further information in order to authorise transactions with the account.
    2.4.    Similarly, URMET undertakes to communicate to interested parties any infringements that might compromise the security of Users' data.

3.    SERVICES
    3.1.    URMET undertakes to use ordinary diligence in providing the Services to Users and to fulfil all obligations accepted by it under these terms.
    3.2.    In any case URMET guarantees that the contents entered or stored by Users are protected from unintentional damage or loss through appropriate security measures; however, URMET reserves the right to remove data not relevant to the provisions of these Contractual Terms.
    3.3.    Users undertake to protect their data with appropriate and timely backups and with other means so that no damages may in any case be claimed from URMET except for wilful damage or demonstrated gross misconduct. In any case, Users agree that, even in that case, only damage that would have been inevitable despite the diligent conduct of the User will be considered.
    3.4.    URMET may not be deemed liable for losses or damages deriving from the following circumstances:
        3.4.1.    Intentional production or distribution by users of recorded images or videos intercepted and their respective publication in newspapers, magazines, flyers or other materials or by electronic means.
        3.4.2.    Any problems or illegal actions deriving from the distribution of images recorded by the video camera without the user's consent.

4.    CAPACITY OF THE USER AND COMPLIANCE WITH RULES
    4.1.    The User declares and warrants to be an adult and have capacity to act, based upon the law, and to be in possession of the legal rights and therefore to be able to enter into this Contract and comply with its terms.
    4.2.    The User undertakes to respect every law or regulation in force and to use the Services only for the purposes permitted by the applicable law in the concrete case.
    4.3.    Where URMET reasonably presumes a breach of those obligations, it is authorised herein, at its sole discretion, to terminate the contract with the User in accordance with Art. 1456 of the Italian Civil Code and, in any case, immediately to suspend the Services for the User.
    4.4.    URMET is also authorised herein to monitor the use of the Services in order to ascertain any breaches and to adopt any appropriate measure to prevent any further breaches or the continuance of the breach in place and, in any case, in order to protect itself, other users or third parties from any dangers. In the event of breaches or suspicion of breaches, URMET is authorised to provide to the relevant authorities any details known to it regarding the User and his/her activities in using the Services.
    4.5.    The User is responsible for any obligation deriving from contents sent to any person, with or without authorisation, by way of the service or the device. The User undertakes, also in the name of anyone using his/her service, that all contents are compliant with the laws, rules and written and electronic terms for use of the Website and the Services.

5.    CONFIDENTIALITY
    5.1.    The URMET Website contains proprietary and confidential information of URMET and its suppliers, including technical documents, manuals, software, lists of programmes, data file prints and other technical and marketing information. The user undertakes not to alter, decompile, disassemble, decode or modify those contents and agrees to maintain the confidentiality of that information and only to use it for the purpose of using the Website and the Services in compliance with these Terms.
    5.2.    The User also undertakes not to communicate to third parties any confidential information of which he/she becomes aware as a consequence of or on the occasion of the contract with URMET and use of the Services.
    5.3.    Unless otherwise specified, the information provided by the user in the URMET Website will be deemed not to be confidential and URMET will not be obliged to avoid disclosing or using the same.

6.    INTELLECTUAL PROPERTY
    6.1.    URMET authorises the User to copy the materials published by URMET on the Website solely for non-commercial purposes in support of the URMET products and services. Any copies of those materials must include, at the user's responsibility, all notices of copyright and other proprietary information in a manner compliant with the original. Any downloaded software products are regulated by the licence conditions attached or otherwise specified.
    6.2.    The content, materials, services, logos, trademarks and brands of the Website constitute URMET's intellectual property and are protected by laws on intellectual property, copyright and trademarks as well as by international treaties.
    6.3.    With the exception of anything expressly provided in this document, URMET does not grant explicit or implicit rights over copyright, patents, trademarks or other intellectual property in relation to the Website, services or products, reserving any appropriate action to protect itself in the case of an infringement.

7.    EXCLUSIONS OF LIABILITY
    7.1.    The information on the URMET website, along with the Service, is provided "as is". URMET does not grant any explicit or implicit guarantee, by way of example, guarantees of merchantability, appropriateness of services or products for a particular purpose and guarantee of not breaching the rights of others or any other implicit guarantees or conditions deriving from the commercial use. In addition, URMET does not guarantee that the Website and the Services are free from errors, delays, interruptions or reductions of vocal quality.
    7.2.    The User declares to be aware of the fact that, despite the appropriate encryption technologies being adopted by URMET, the information may in any case be intercepted during the exchange with URMET. For those reasons URMET is unable to guarantee that the use of the Software, the Website and the Services is completely secure. The User therefore accepts all risks associated with unauthorised access to his/her information during the transmission.
    7.3.    Neither URMET nor its representatives or collaborators, under any guise, may be deemed liable for unauthorised access to URMET's transmission structures or those of the User or for unauthorised access or alteration, theft or destruction of data files, programmes, procedures or information by way of media, devices or other fraudulent methods, irrespective of whether that damage is caused as a consequence of negligence by URMET or its service providers.
    7.4.    The information and descriptions relating to URMET's services or devices, if present, provided by URMET or by collaborators are for informative purposes and do not provide guarantees of any nature.
Although URMET makes every effort to provide accurate information on the Website, URMET does not accept any liability in relation to the accuracy of that information. URMET may change the cited Services or programmes at any time without prior notice.

8.    LIMITATION OF LIABILITY
    8.1.    In all cases in which the law does not allow for the exclusion of liability for URMET, the limitation of liability for URMET is expressly agreed; it will therefore only be liable in the case of wilful damage or gross misconduct, with the exclusion of any other liability.
    8.2.    In any case, liability for URMET is excluded for indirect, possible and consequential damages.
    8.3.    URMET's liability is also excluded for any unauthorised accesses or modification of data sent by Users.
    8.4.    In the case of loss, alteration or modification of the access credentials to the user profile, Users acknowledge and accept that URMET may not in any way intervene in order to recover or restore those credentials, which must be regenerated by repeating the procedure required by the system.

9.    OWNERSHIP OF FEEDBACK
URMET is happy to receive comments and feedback relating to products, services and the Website. In relation to all information and materials sent or published on the Website, including, by way of example, comments, feedback, ideas, questions, projects, suggestions, data and images ("Contributions"), users accept the following:
    9.1.    the Contributions must not contain confidential or proprietary information;
    9.2.    URMET is not bound to explicit or implicit confidentiality obligations in relation to the Contributions;
    9.3.    URMET is entitled to use or disclose (or to choose not to use or disclose) those Contributions for any purpose, in any way and on any media at international level;
    9.4.    URMET may already have considered or placed into development similar materials to those of the Contributions;
    9.5.    the Contributions automatically become the property of URMET which will have no obligations in that regard towards Users;
    9.6.    Users are not entitled to payment or reimbursements or any nature from URMET under any circumstances.

10.    PERSONAL DATA COLLECTION AND PROCESSING
    10.1.    URMET's privacy information notice describes the methods of collection and processing of the personal data of Web customers and visitors. The privacy information notice, available at the following link: http://www.urmet.com/en-us/Cookies-and-Privacy-policy, which forms an integral and essential part of these Contractual Terms, must be read carefully before providing any personal data on the URMET Website.
    10.2.    The User's data, as a consequence of use of the Cloud Computing Services, may be retained or processed on servers located in non-EU countries; however, the processing performed is always necessary for the implementation of this Contract and the cloud service provider is selected from those who guarantee appropriate security measures.

11.    INDEMNITY
    11.1.    Users undertakes to indemnify and hold harmless URMET and any other entity in any way involved from any negative consequence deriving from their failure to fulfil the obligations accepted under the Contract with URMET and/or from any inappropriate or unlawful conduct in using the Services, as well as in the case where that conduct is attributable to third parties who have used Users' account.
    11.2.    URMET is not liable for any breaches related to or deriving from, directly or indirectly, use of the Website and the Services.

12.    MISCELLANEOUS
    12.1.    These terms supersede any previous agreement between the parties and regulate in full the contractual relationship between URMET and the User. They may be amended only by written deed signed by the parties. URMET, however, may, from time to time, make changes to these terms that it deems necessary and opportune and the current text will always be present on the website at the address: https://www.cloud.urmet.com/tool/disclaimer/ .
    12.2.    The changes will be valid and effective between the parties after twenty days from their publication on the website, without the need for specific communication to Users, who accept responsibility for checking the website frequently for any changes.
    12.3.    Any liability for URMET is expressly excluded for causes of force majeure, therein also including, merely by way of example, acts of cyber terrorism on the network, along with any case of interruption of the power supply or absence, even temporarily and for any reason, therein including ordinary or extraordinary maintenance, of the broadband connection or the ISP service or other components of the providers of those services.

13.    TERMINATION OF SERVICES
    13.1.    URMET reserves the right to withdraw from the contract with the User at any time without this involving any liability on its part or the onset of any obligation upon it with respect to the User.
    13.2.    In any case, the parties agree that URMET may suspend or interrupt or disconnect the Services at any time.
    13.3.    URMET may in any case terminate the contract pursuant to Art. 1456 of the Italian Civil Code, in all cases of unlawful or inappropriate use of the Services or breaches of any law or regulation, as well as, where payment of a fee by the User for any reason has been agreed, that fee or part of it is not paid promptly and the delay exceeds ten days.
    13.4.    Where, in fact, URMET decides to convert the Services from being free of charge to being for a fee, Users will be notified of the new Terms of Services, together with a prior notice period, at the end of which Users will be disconnected and the Service terminated where they decide not to enter into the new Terms of Service. The video camera will, however, remain functional.

14.    APPLICABLE LAW AND JURISDICTION
    14.1.    The law applicable to any contract based upon these terms will be Italian law.
    14.2.    The court with exclusive jurisdiction will be that of Turin.

END