Terms and conditions to use D-One softwares Cloud
This Agreement is signed between a Customer (natural or legal person) and D-One for the use of D-One software in the Cloud version (hereinafter "Cloud"). Cloud means the use of the software through authenticated access with the consequent creation of databse synchronized with the servers owned by D-One. By creating and usign the Cloud, the Customer accepts without exception all the terms of this Agreemen. The Customer who does not intend to accept all the terms of this Agreement, is obliged to 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.
Method of stipulation of the Agreement
This Agreement allows the Customer to use the Cloud for personal use on his devices. The Cloud is considered in use, and therefore the Agreement stipulated, as long as tere is a database on the servers owned by D-One, sreated with the Customer's credentials.
The Agreement is stipulated when the Customer accepts it during the creation of the Cloud database. Failure to accept the Agreement will not allow its creation.
Fee and payments
The Customer is required to pay the fee for the use of the service in question (which the Customer declares from now on to know and then defined Price List ). D-One reserves the right to make changes to the Price List, provided that the new Price List will be applied after the expiry of the service signed by the Customer.
The Customer acknowledges and accept that payment can be made only by one of the method indicated.
In case of failure or delayed payment of any amount due under this Agreement, D-One shall have the right to immediately suspend and without further notice any perfomance until receipt of the due.
Use of the service
The Customer has the possibility to activate different types of subscription to the Cloud version of D-One softwares. Subscriptions have a limited duration.
The Customer acknowledges that to use D-One softwares in Cloud will have to equip himself with electrical, electronic or any other kind of equipment, software, telephone and / or network services and anything else necessary and that the service does not include the provision by D-One of tools necessary for access to the Internet. The Customer undertakes to keep D-One harmless from any claim that may be made against the latter in any way related to the inability of the hardware and / or network and / or software systems allow the correct use of the service.
Malfunctions or faults
In case of reporting of faults or malfunctions, the Customer undertakes to provide all the specifications and information requested by D-One.
In the cases referred to in the previous point where the complaint complained of by the Customer refers to problems relating to the cloud infrastructure, D-One undertakes to promptly request the intervention of the infrastructure provider and cloud services, provided that the Customer does not can claim any kind of claim against D-One for any disruption that is attributable to the infrastructure provider and the Cloud services.
D-One, when the Technical department deems it necessary, will proceed to access through the Web app, to the Cloud database of the Customer, with the aim of being able to make changes directly on it or on a possible copy to be used within their offices.
Limitation in using the service
With the activation of D-One software version in Cloud, the Customer is considered sole and exclusive responsible for the use of the service. The Customer acknowledges to be solely responsible for the contents entered, present, transited and / or stored on the servers hosting the service and is obliged to use the service exclusively for lawful purposes and permitted by law provisions applicable from time to time. without infringing any third party rights. It is also agreed that D-One softwares are GDPR ready but are not suitable to be used to process health data (art 9) and / or judicial data (art 10), therefore the use is not allowed for the introduction of such types of data. The use is allowed only to users who have reached the age of majority.
Cases of suspension and/or interruption
D-One has the right to suspend and / or discontinue the provision of the Cloud in case of improper use or violations of this contract.
Deleting the database from the servers
D-One will delete from its servers the customer database after 30 calendar days from the interruption of the service and / or non-payment of the renewal of the contract. The database remains recoverable for 3 months and completely eliminated from backups after 9 months.
Guarantees and responsabilities
The Customer acknowledges and accepts that D-One does not issue express or implied declarations or warranties as to whether the Cloud service is suitable for satisfying the Customer's requirements or that it is free of errors. The Customer acknowledges that D-One, under no circumstances, can be held responsible for any damage that may arise to the Customer or third parties as a result of delays, non-performance or malfunctioning and / or interruption in the provision of the Cloud service. In any case, within the maximum limits permitted by law, the responsibility of D-One can never exceed the amount of 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 performed in remote assistance directly on the SOFTWARE PRODUCT, making use of the 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 maximum 5 working days to report by e-mail to email@example.com, any malfunctions on the delivered implementation. Beyond these terms the warranty on customizations and defects or deficiencies reported, may be considered according to the methods provided by the standard service, regulated by the purchase of Vouchers.
All changes to the SOFTWARE PRODUCT and Database structure, not performed directly by the D-One Technical department, provide for the cancellation of the standard warranty on the SOFTWARE PRODUCT itself, on all associated services and customizations made, following the direct request of the Customer.
The Customer qualified as a "consumer" in accordance with Article 3 of Legislative Decree 2016/2005 (so-called "Consumer Code"), therefore the person acting for purposes unrelated to entrepreneurial or professional activity, will have the right to withdraw within 10 ( ten) days from the present Agreement without any penalty, with a written communication sent by registered mail at D-One Software House Via Genova 12, 41012, Carpi (MO) or by certified e-mail (PEC) to the e-mail address firstname.lastname@example.org.
After this period, the "consumer" will no longer be able to make use of any refund.
The right of withdrawal and refund does not apply to purchases made by the "consumer" through D-One sales channels relating to Customization and Assistance services.
From the moment in which D-One has taken charge of the works confirmed by the "consumer" and / or the assistance services are used by the same, any right of withdrawal and refund will lapse.
D-One reserves the right to withdraw from the Agreement at any time and without obligation to give reasons, giving written notice to the Customer, with a notice of at least 30 (thirty) days. Once this term has elapsed, the contract must be considered terminated and / or terminated and D-One can deactivate the Cloud service without further notice and reimburse the Customer for any amount already paid. In any case, any other liability of D-One for the exercise of the right of withdrawal and / or non-use of the Cloud service by the Customer and the consequent right of the latter to claim any other refund or indemnity or compensation remains expressly excluded.
The duration of the Agreement is agreed upon from the activation date of the Cloud service for a period equal to the duration of the subscription chosen as indicated in the Price List.
Applicable law and exclusively competent court
This Agreement is subject to Italian law. The competent court is Modena.
With reference to the processing by D-One of personal data of third parties of which the customer is the data controller and from the latter entered or otherwise processed in the performance of the contract ("Personal Data of third parties"), pursuant to General Regulations for the Protection of Personal Data 619/2016 (GDPR), D-One is considered as Data Processor, it is possible to request the register of treatment for third parties by sending a request by e-mail to email@example.com.
The personal data of the Customer, or of the Client's staff and collected and processed by D-One for the purposes and with the proper procedures and for which the processing is proprietary, will be processed in compliance with the information contained in the website http://www.d-one.info/privacy-policy