1. General
   1. These General Conditions are applicable to the Agreement between the Customer and the Company and establish the terms under which the Company will provide the Cloud Services to the Customer.
   2. The Customer enters into the Contract with the Company by completing the relevant form located on the Company's Website and accepting these General Conditions and any other clause applicable to the Agreement, as appropriate.
   3. The use of the Cloud Services is subject to the Contract at any time.
2. Cloud services
   1. The descriptions of the services that define the features and characteristics of the Cloud Services have been defined on the Company's website. The Company will provide the Cloud Services to the Customer substantially as established on the Company's Website and as set forth in the Agreement.
   2. The scope of the Cloud Services is not fixed, but may vary depending on the Cloud Services that the Customer chooses to order from time to time, selected from the standard Cloud Services made available by the Company.
   3. The Customer may, from time to time, order the Cloud Services from the Company under the following conditions:
      1. Orders can be made by the Customer expressly on the Company's Website or automatically by using the Cloud Services APIs;
      2. Customer will be responsible for any order placed under Customer's account, either by Customer, its authorized users, or Customer's data systems automatically, and will be responsible for payment of all Commissions based on orders placed under the Customer's Account;
      3. No order placed by the Customer is valid until acceptance by the Company. It is believed that the Company has accepted the order if it provides the Cloud Services to the Customer. The Company reserves the right to check and limit the Client's orders for the Cloud Services;
      4. After accepting the order, the Company will provide the Cloud Services to the Customer without undue delay.
   4. The Company reserves the right to make changes to the Cloud Services at any time. If a change made by the Company has an adverse effect on the agreed contents of the Cloud Services or agreed service levels, the Company will inform the Customer of such change at least thirty (30) days prior to the effective date of the change. In this case, the Customer will have the right to terminate the Contract with thirty (30) days written notice. The notice of termination must be delivered to the Company in writing before the effective date of the change.
   5. The Company will always have the right but will have no obligation to make such changes to the Cloud Services that (a) relate to or relate to the Cloud Services production environment and have no adverse effect on the agreed contents of the Cloud Services or service levels agreed upon, (b) are necessary to prevent any data security risk for the Cloud Services, or (c) arise from the law or an administrative order.
   6. The Client is not entitled to terminate the Contract as described in Section 2.4 if the change is based on the reasons set out in Section 2.5.
   7. Unless expressly provided otherwise, the Cloud Services are not subject to particular levels of service and are provided to the Customer strictly "as is" and "as available", and the Company makes no representations or warranties regarding the availability of the Cloud Services in a determined moment. Any applicable service level has been defined on the website and applies only to the individual cloud service, as established. Any compensation established in connection with these levels of service will be the sole remedy of the Customer and the sole responsibility of the Company for any non-compliance with these levels of service, and such non-compliance will not constitute a violation of the Agreement.
   8. All the facilities used to store and process the Customer's data will comply with reasonable safety standards no less protective than the safety standards in facilities where the Company (or its subcontractor as relevant) processes and stores its own information of a similar type.
3. Intellectual property rights
   1. All rights, title and interest, including all intellectual property rights relating to the Cloud Services and any changes thereto, belong exclusively to the Company or its licensors. Except for the express license to use the Cloud Services granted to the Customer pursuant to and in accordance with the terms and conditions of the Contract, Customer shall not and will not, under the Contract, obtain any right, license or interest in and for cloud services or any related intellectual property rights.
   2. Customer will have a limited, non-exclusive, non-transferable and non-sublicensable right to use the Cloud Services during the term of the Contract.
   3. Customer will be solely responsible for the use of the Cloud Services, including any breach of the Contract by the Customer or one of its authorized users.
4. Indemnification
   1. The Company undertakes to defend the Customer, at its own expense, against claims or actions of third parties in which a third party claims that the Cloud Services violate the intellectual property rights of a third party valid in the European Economic Area (EEA), provided that that the client:
      1. notifies the Company of such a complaint immediately after receiving the relevant communication;
      2. provides the Company, free of charge, with all available information, permits and assistance;
      3. gives the Company the exclusive and exclusive right to control the defense of credit;
      4. disagrees with any such claim or action prior to a final judgment by a competent court or an arbitral tribunal, without the express written consent of the Company.
   2. If the Customer has acted in accordance with Sections 4.2.1 to 4.2.4, the Company will pay damages, eventually, granted to the third party applicant by a competent court or by an arbitral tribunal.
   3. If the Company believes that the Cloud Services violate or may infringe upon the rights of third parties, the Company will have the right, at its own expense and in its sole discretion, to (a) acquire the right to continue use for the Customer. of cloud services; or (b) replace the Cloud Services; or (c) modify the Cloud Services to the extent necessary to avoid the violation.
   4. If none of the alternatives defined in Section 4.3 is available to the Company on commercially reasonable terms and / or without significant loss of time, the Company will have the right to terminate the Contract, in whole or in part, within a notice period established by the Company, on which the Client agrees to cease the use of the Cloud Services and the Company agrees to reimburse the Commissions paid by the Customer for the resolved Cloud Services, minus a percentage equal to the time of use of the Cloud Services by the Customer.
   5. The indemnity referred to in this Section 4 does not apply to, and the Company is not responsible for any claim that (a) is based on a claim by any Client Affiliate; or (b) is based on the modification or alteration of the Cloud Services or a modification or alteration affecting the Cloud Services by the Customer or by third parties; or (c) results from compliance with any instruction, specification or design provided by the Customer or by third parties under the command and control of the Customer; (d) derives from or results from the use of the Cloud Services in conjunction with any software, equipment or product not developed or supplied by the Company or which is contrary to the instructions provided by the Company; or (e) could have been avoided by using the latest version of the Cloud Services made available by the Company to the Customer.
   6. This Section 4 establishes the entire responsibility of the Company and the sole remedy of the Customer in the event of infringement of any intellectual property right.
   7. The Customer undertakes to indemnify the Company, at its own expense, from any claim made against the Company based on any information or data that the Customer enters into the Cloud Services, including, without limitation, violations of the intellectual property rights of third parties or that the data violate the applicable laws in any other way.
5. Customer’s Obligations
   1. The Customer will be responsible for paying any fees due correctly in accordance with the invoices sent by the Company.
   2. Customer will be responsible for their devices, systems, applications, connections and software used to access Cloud Services.
   3. Customer will be responsible for the protection of communications of customer data and data systems and costs for communications and other comparable costs related to the use of the Cloud Services.
   4. The Customer may authorize users to use the Cloud Services under the Customer's account (for example, to use the Customer's databases). Customer must ensure that all users who authorize the use of the Cloud Services under Customer's account comply with the Agreement at all times and use the Cloud Services only in accordance with the Agreement. Customer will be responsible for any use of the Cloud Services under Customer's account.
   5. Customer is responsible for ensuring that its authorized users diligently keep their user names and passwords and not disclose them to third parties. The Customer undertakes to inform the Company without delay if a password has been disclosed to third parties or if the Customer has reason to suspect improper use of a username or password. The Customer's responsibility for the improper use of the Cloud Services through the use of the user's username or password will expire when the Company has received written and sufficiently detailed communication from the Customer.
   6. The Customer must change the password required for the use of the Cloud Services upon written request of the Company, if necessary, due to the data security risk for the Cloud Services.
6. Personal data and customer data
   1. To the extent that the Customer enters personal data in the Cloud Services, the Company (or its subcontractor where appropriate) processes such data on behalf of and for the benefit of the Customer while the Customer remains the controller of such personal data at all times. The Company processes the personal data provided by the Customer to the Company in accordance with the Customer's instructions and applicable data protection legislation.
   2. The Company implements appropriate technical and organizational measures to protect the Customer's personal data; these measures include the implementation of reasonable and sufficient confidentiality obligations.
   3. The Company will assist the Client in fulfilling the obligations under applicable data protection laws, including assistance in responding to requests from data subjects and supervisory authorities to the extent reasonably necessary. The Company will inform the Customer of any violation of data relating to personal data. The Company is entitled to charge all costs and expenses incurred as a result of such assistance.
   4. The Company will make available to the Customer the information reasonably necessary to demonstrate compliance with applicable data protection laws and will contribute to the checks carried out by the Customer or his representative in relation to the processing of personal data by the Company. The Company is entitled to charge for any reasonable costs and expenses incurred by the Company.
   5. The Company provides information on where the servers of its subcontractors are located on the Company's website. When choosing a subcontractor to provide hosting for Cloud Services from the options provided by the Company, Customer will be solely responsible for ensuring that it has the right to transfer personal data to the countries where the hosting partner's servers are located. , included in special transfers outside the European Economic Area. The Customer declares and guarantees to have obtained the permissions, authorizations and consent necessary to allow the Company to process personal data in the context of the Cloud Services as established in this Agreement.
   6. Customer understands, agrees and agrees that Customer's data may be provided to the Company's subcontractors for the purpose of providing the Cloud Services and to insure and improve their services as well as other purposes set forth in this Agreement. The Company must reasonably ensure that such subcontractors are subject to equivalent requirements in matters of confidentiality and data protection, such as those set forth in this Agreement.
   7. The Company may also process data (or have such processed data) regarding the Customer and its authorized users, for the purpose of providing and developing the Cloud Service. In this case, the Company could also be considered a data controller and such processing of the personal data of the Customer or its authorized users will be subject to the Company's privacy policy as available on the Company's website. Customer must ensure that its authorized users can access the Company's privacy policy.
   8. The Customer is solely responsible for the creation of appropriate backups of his data and the Company or its subcontractors will not be in any way responsible for the cancellation or non-memorization of Customer data or other communications kept or transmitted to the use of the Cloud Services.
7. Acceptable use policy
   1. Customer must use and ensure that its authorized users use the Cloud Services in accordance with the following acceptable use policy. The Customer is solely responsible for ensuring that the Cloud Services are not used:
      1. to violate or encourage the violation of the legal rights of others (including, without limitation, intellectual property rights);
      2. to engage, promote or encourage any illegal activity;
      3. for illicit, invasive, illicit, defamatory, offensive, harmful or fraudulent purposes (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
      4. to engage, promote or encourage any illegal activity;
      5. to intentionally distribute viruses, worms, Trojan horses, damaged files, hoaxes or other elements of a destructive or deceptive nature;
      6. to violate the security or integrity of any network, computer or communications system, software application or network or processing device (such violations include without limitation unauthorized access, interception of data or traffic or falsification of the 'origin) or to make connections to any user, host or network unless the Customer is permitted to communicate with such network abuses to include without limitation monitoring or scanning, denial of service attacks, intentional interference, open operational proxies, open mail relay or recursive domain open name server, or to avoid system restrictions);
      7. to interfere with the use of the Cloud Services, or the equipment used to provide the Cloud Services, by others;
      8. todisable, interfere with or circumvent any aspect of the Cloud Services;
      9. to generate, distribute, publish or facilitate mass e-mails, promotions, advertisements or other unwanted solicitations ("spam"), including alteration or obscuration of the headers or the assumption of the sender's identity, the collection of responses to messages sent by a third party provider if such messages violate the policies established here or the comparable policies of such third parties;
      10. use the Cloud Services, or any interface provided with the Cloud Services, to access any other product or service of the Company or its subcontractors in a manner that violates their applicable terms of service.
   2. The Company (and its subcontractors, where appropriate) reserve the right but do not assume any obligation to investigate the Client's use of the Cloud Services, including Customer data to ensure compliance with the Acceptable Use Policy and discontinue use of the Cloud Services by the Customer. and remove all illicit customer data. The Company (and its subcontractors, if any) may report suspected infringing activities to officers, regulators or other appropriate third parties, including disclosure of appropriate information relating to the Client.
   3. If Customer becomes aware that the use of the Cloud Services violates the policy outlined here, Customer agrees to immediately cease the unlawful use of the Cloud Services without notice. The Client agrees to satisfy any request of the Company regarding the termination of any use of the Cloud Services that violates the policies established herein.
8. Suspension and interruption of service
   1. The Company will have the right to suspend the provision of the Cloud Services for a reasonable period of time if this is necessary to perform installations, modifications or maintenance work in connection with the Cloud Services or if such suspensions result from the installation, modification or maintenance work. relating to public communications networks.
   2. The Company will also have the right to suspend the provision of the Cloud Services and / or deny Client access to the Cloud Services without first hearing the Customer due to a data security risk for the Cloud Services or if the legal order or administrative requires the Company to do so or if the Company becomes aware or reasonably suspects any business of the Customer or its authorized users that violates the policies set forth in Section 7 above or if the Cloud Services are used in a contrary or for a purpose prohibited by the Agreement, applicable laws or administrative orders or in a manner that compromises the provision of the Cloud Services to other users.
   3. The Company will always have the right to suspend the Cloud Services, if the Customer is in default with the payment of the Commissions due under the Contract and will not pay such Commissions despite a request for payment within fourteen (14) days calculated from the date of such request . The suspension may be continued until the Client has paid all the fees due under the Contract.
   4. The Client understands that the Cloud Services are hosted by a subcontractor of the Company chosen by the Customer from the options provided by the Company. Such subcontractors may reserve the right to terminate their hosting at any time. The Company will not be responsible in any way for the termination of such services provided by subcontractors.
9. Fees
   1. The applicable fees for the Cloud Services can be reviewed on the Company's website. Actual Rates for Cloud Services vary depending on Customer's use of the Cloud Services.
   2. The Company uses a credit card processing service provided by Stripe Payments Europe, Ltd. (https://stripe.com/) ("Stripe") to process payments. The Customer agrees to use the Stripe service and to transfer the data of his credit card (including any personal data contained therein) to Stripe. The Customer is familiar and agrees to be bound by the terms of third parties applicable to the Stripe service.
   3. As an alternative to the previous point, the Company also makes use of the Paypal payment service, provided by the company of the same name (https://www.paypal.com/), for which in turn they make the previous declarations authentic.
   4. Rates for the use of the Cloud Services will be billed monthly in arrear on the basis of the Customer's use of the Cloud Services. Unless otherwise agreed otherwise, no separate invoice is sent to the Customer, but all Rates are automatically debited to the Customer using the Stripe service described in Section 9.2 above
   5. The Company reserves the right to increase the rates applicable to the Cloud Services where this is justified by the general increase in costs and production expenses of the Company (such as, by way of example, the general increase in costs and labor costs). , or in the event of an increase in the costs of third-party offers. The Company will inform the Customer of such change at least thirty (30) days before the effective date of the change. In this case, the Customer will have the right to terminate the Contract with thirty (30) days written notice. The notice of termination must be delivered to the Company in writing before the effective date of the change.
   6. All rates and rates are set without value added tax (VAT) or any other applicable sales tax, which will be added to the rates and rates in accordance with the applicable tax laws and regulations at that time.
   7. In the event that a separate invoice is sent, the payment deadline for each invoice will be fourteen (14) net days from the invoice date.
10. Confidentiality
    1. Each Party shall keep in confidence all material and information received from the other Party and marked as confidential or which should be understood to be confidential ("Confidential Information"), and may not use such Confidential Information for any other purpose than those set forth in the Agreement. The confidentiality obligation shall, however, not apply to material and information, (a) which is or later becomes generally available or otherwise public; or (b) which the receiving Party has received from a third party without any obligation of confidentiality; or (c) which was rightfully in the possession of the receiving Party prior to receipt of the same from the disclosing Party without any obligation of confidentiality related thereto; (d) which a Party has independently developed without any use of or reference to the Confidential Information received from the other Party; or (e) which a Party is required to disclose under any mandatory law or by order of a court or governmental body of competent jurisdiction.
    2. Each Party shall promptly terminate the Agreement or if the Party no longer needs the Confidential Information in question for the purpose of fulfilling its obligations or exercising its rights under the Agreement, ceasing to use the Confidential Information received from the other Party and , unless the parties agree separately on the destruction of such confidential information, return the confidential information in question (including all copies and their reproductions) to the other party. However, each Party shall have the right to keep the copies required by law or by the administrative orders applicable to that Party.
    3. Notwithstanding the confidentiality obligation set forth in this document, each Party shall have the right to use the general professional skills and experience acquired in connection with the execution of the Agreement.
    4. The rights and obligations relating to the Confidential Information will survive termination or cancellation of the Agreement for a period of three (3) years from such termination or cancellation.
11. Limitation of liability
    1. The aggregate aggregate liability of a Party to the other Party under the Agreement shall not exceed (i) an amount corresponding to the average monthly rent of the six (6) months preceding the event giving rise to the liability multiplied by six (6), or (ii) fifty thousand (50,000) Euros, whichever is less.
    2. A Party is not responsible for any indirect, incidental or consequential damages such as loss of profits, revenues or business, damages caused by the decrease in turnover or production or loss, alteration, destruction or corruption of data.
    3. Liability limitations do not apply to damages caused by intent or gross negligence or liability under Section 4 or Section 10.
12. Term and resolution
    1. The Agreement will come into force after the Client has performed the actions indicated in Section 1.2.
    2. The Agreement will remain in force until terminated by a Party with two (2) months written notice to the other Party. For the avoidance of doubt, the Customer has the right to terminate the individual Cloud Services at any time.
    3. Each party may terminate the contract for just cause with immediate effect upon written notification to the other party if:
       1. the other party becomes insolvent, requires or is found in bankruptcy or liquidation or corporate restructuring or ceases to continue to perform its business;
       2. the other Party substantially violates the terms and conditions of the Agreement and fails to remedy the breach within thirty (30) days from the date of receipt of a written notification by a non-defaulting party, such written notice detailing the violation and intention to terminate.
    4. Upon termination of the Contract for any reason, the Commissions due by the Customer for any use of the Cloud Services until the effective date of termination become immediately due.
    5. After termination of the Contract for any reason, the Company will retain Customer data for thirty (30) days and make it available to Customer through the Cloud Services. After the period of thirty (30) days, the Company will have the right to destroy Customer data from the Cloud Services.
13. Applicable law and disputes
    1. The Contract will be regulated and interpreted in compliance with the Italian substantive laws, with the exception of its provisions of law.
    2. Any dispute, controversy or claim arising from or relating to this Agreement, or the violation, resolution or validity of the same, will be definitively settled by arbitration in accordance with the Arbitration Rules of the Italian Chamber of Commerce. The language of the arbitration will be English.
    3. Notwithstanding the provisions of Section 13.2 above, the Company will have the right to request unpaid taxes in a public court.
14. Other terms
    1. The Company is free to use subcontractors in the performance of its obligations and exercise of its rights under the Agreement. The Company shall be liable for the acts and omissions of its subcontractors under the Agreement as for its own.
    2. The Company will have the right to use its relationship with the Customer in its marketing and sales promotion activities.
    3. None of the Parties will be liable for any delay or non-fulfillment of its obligations or any damage caused by an impediment beyond its reasonable control, which could not reasonably have been taken into consideration at the time the Contract was concluded and whose consequences may not reasonably have been avoided or exceeded. For example, errors in public communications networks or in the supply of electricity constitute such an impediment. Strike, block, boycott and other industrial actions constitute an event of force majeure even when the interested party is the objective or the part of such action. An event of force majeure suffered by a subcontractor of the Party must also exempt the Party from liability if the work to be performed in subcontract can not be performed or acquired from another source without incurring unreasonable costs or significant loss of time. Each Party shall promptly inform the other party in writing of an event of force majeure and of the cessation of force majeure.
    4. All formal communications and other formal communications between the Parties are made in English.
    5. None of the Parties will have the right to transfer or transfer all or part of its rights, benefits and obligations under the Contract without the prior written consent of the other Party, whose consent must not be unreasonably denied or delayed. However, the Company has the right to cede the Agreement in connection with a sale or transfer of its business or a relevant part of it.
    6. The Company will have the right to update the General Conditions in its sole discretion. The Company will notify the Customer of this update at least thirty (30) days in advance. If the Customer does not accept the updated General Conditions, the Customer will have the right to terminate the Contract by means of a written communication to the Company, effective from the effective date of the new General Conditions.
    7. All the terms and conditions that, by their nature or otherwise reasonably, should survive cancellation or termination of the Contract are also considered to exist.
15. Definitions
    1. "Affiliate" of a Party means any juridical person that is (a) directly or indirectly owns or controls the Party, or (b) under the same ownership or direct or indirect control of the Party, or (c) owned directly or indirectly or controlled from the Party, as long as such property or control lasts. Ownership or control must exist through direct or indirect ownership of more than fifty percent (50%) of the nominal value of the issued share capital or more than fifty percent (50%) of the shares authorizing the holders to vote for the election of members of the board of directors or persons performing similar functions;
    2. "Agreement" means the agreement between the Company and the Customer, consisting of these General Conditions and any other clause applicable to the Cloud Services;
    3. "Cloud Service(s)" means cloud-based PAAS services provided by the Company to Customer, as set forth in the Agreement;
    4. "Company" means the company UBLSOFTWARE S.r.l., an Italian company with registered office at Milan (MI) 20143, in Via Ripa di Porta Ticinese, 39;
    5. "Confidential Information" with the meaning set forth in Section 10.1;
    6. "Customer" means the company that signs the Contract with the Company;
    7. "General Terms" means these General Terms and Conditions 2018;
    8. "Intellectual Property Rights" means all patents, utility models, design rights, copyrights (including the right to modify, modify, develop and assign), trademarks, trade names, inventions, trade secrets, domain names, know-how and any other industrial or intellectual property right (including related applications);
    9. "Party" and "Parties" mean jointly and separately the Company and the Client;
    10. "Fee(s)" means the compensation paid by the Customer for the license to use the Cloud Services;
    11. "Stripe" will have the meaning indicated in Section 9.2;
    12. "PayPal" will have the meaning indicated in Section 9.3;
    13. "Web Site" means the Company's website at https://resiot.io/.

1. Data Controller
   The holder of personal data is ResIOT™.
2. Purpose of treatment
   ResIOT™ treat the personal information provided by users for the following purposes:
   
   • (A) to allow registration on the Site and to use the services reserved to registered users.
   • (B) to permit the conclusion of the subscription contract and the correct execution of transactions relating to the same, including the activities of after-sales service. Moreover, the users, even if not registered, any requests for information or clarification on the platform and, in order to pursue such a request, ResIOT™ require the provision of some personal data (eg. Name, surname and e-mail address);
   • (C) for administrative and accounting purposes and to comply with legal obligations;
   • (D) subject to the user's explicit consent, for sending information or promotions (including the "newsletter") by ResIOT™, in relation to products and services ResIOT™ or third parties.
   • (E) limited to the electronic mail address provided by the user in the context of purchase of a service.
   It should also be noted that:
   
   • Navigation data
   • The navigation data will be acquired only by ResIOT
3. Provision of data and consequences of not consenting to treatment
   The provision of data for the purposes referred to in subparagraphs (a) (b) and (c) of paragraph 2 above is optional. However, since this is necessary to allow recording at the Site and the provision of reserved services, the refusal to provide such data will make it impossible to register with the site.
4. Methods of data processing
   The data processing will be mainly carried out with the help of electronic or automated means, in the manner and with appropriate means to ensure the security and confidentiality of the data, in accordance with the provisions of the Privacy Act. In particular, they will be taken all the technical, informational, organizational, logistical and procedural security, so as to guarantee the minimum level of data protection required by law, allowing access only to the people in charge of the treatment by the Owner or persons responsible designated by the same.
5. Scope of data communication
   The user personal data supplied, for the purposes described in paragraph 2 above, may be brought to the knowledge of, or communicated to the following subjects:
   
   • (I) to all those public and / or private entities, individuals and / or legal persons (legal offices, administrative and fiscal), if such disclosure is necessary or appropriate for the proper fulfillment of the contractual obligations in relation to services provided by the Site, as well as' the obligations imposed by law
   • (II) in all the subjects (including public authorities) who have access to the data by legislative or administrative measures;
   All personal data provided by users in relation to the registration on the Site and / or purchase through the Site are not subject to disclosure. The updated list of those responsible and in charge of processing is available at the headquarters of the Holders.
6. Data retention
   Personal data will be kept only for the time necessary to ensure the proper provision of services offered.
   In the case of account closure of the site at the user's initiative, the present data will be kept for administrative purposes for a period not exceeding one quarter, subject to any specific legal obligations on the accounting records retention or for purposes of public security.
7. Right of access to personal data
   Under Article. 7 of the Privacy, the user code has the right to:
   
   • a) obtain confirmation as to whether or not personal data concerning him and their communication in an intelligible form;
   • b) obtain from each of the holders of the data:
     • Information on the origin of personal data, the purposes and methods of treatment, the logic applied in case of treatment with the help of electronic instruments;
     • Indication of the identity of each of the holders of the data;
     • Indications about the subjects or categories of subjects to which the data can be communicated or who may become aware of them as appointed representative in the State, managers or agents;
   • c) obtain:
     • Updating, rectification or integration of data concerning him;
     • The cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data that is required to be kept for the purposes for which the data were collected or subsequently processed;
     • The attestation that the operations mentioned in the preceding paragraphs have been notified as also related to their contents, to those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves the use of means clearly disproportionate to the protected right;
   • d) object, in whole or in part:
     • For legitimate reasons, the processing of data concerning him, pertinent to the purpose of collection;
     • The processing of personal data concerning him envisaged for the purposes of commercial information or sending advertising materials or direct selling or for carrying out market research or commercial communication.

These conditions are valid exclusively between the company UBLSOFTWARE s.r.l., with registered office in Ripa di Porta Ticinese, 39 - 20143 Milano (MI), VAT N. IT03636050985, hereinafter referred to as ''UBLSOFTWARE'' and any person who makes online purchases on the website www.resiot.io hereinafter referred to as ''CUSTOMER''. These conditions may be subject to change and the date of publication of them on our site is equivalent to the date of entry into force.

These terms and conditions govern the purchases made on the www.resiot.io website, in accordance with the provisions of Part III, Title III, Chapter I of the Consumer Code, D.lgs. n. 206/2005, changed by D.lgs. n. 21/2014 e dal D.lgs. 70/2003 about electronic commerce.

1. ARTICLE 1 - SUBJECT OF THE CONTRACT
   

   With these general conditions of sale, UBLSOFTWARE sells and the CUSTOMER remotely acquires the tangible movable goods indicated and offered for sale on the site www.resiot.io. The contract is concluded exclusively through the Internet, by accessing the CUSTOMER at the address www.resiot.io and the realization of a purchase order according to the procedure provided by the site itself.
   
   The customer undertakes to examine, before proceeding with the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by UBLSOFTWARE and to accept them by placing a flag in the box indicated.
   
   

2. ARTICLE 2 - PRE-CONTRACT INFORMATION FOR THE CONSUMER - art. 49 of D.lgs 206/2005
   

   Before the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of choice by the CUSTOMER.
   
   Before the validation of the order with "payment obligation", the CUSTOMER is informed about:
   - total price of goods including taxes, with details of shipping costs and any other costs;
   - terms of payment;
   - the term within which UBLSOFTWARE undertakes to deliver the goods;
   - conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as a withdrawal form as per Annex I, Part B of Legislative Decree 21/2014;
   - information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
   - existence of the legal guarantee of conformity for the purchased goods; - after-sales assistance conditions and commercial guarantees provided by UBLSOFTWARE.
   
   The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to UBLSOFTWARE, the geographical address, telephone number and e-mail address, information that is reported also below:
   
   UBLSOFTWARE S.R.L.
   registered office Ripa di Porta Ticinese, 39 – 20143 – Milano (MI)
   tel. +39 (02) 87159269
   support@ResIOT™.io

3. ARTICLE 3 - Conclusion and effectiveness of the contract
   

   The sales contract is considered concluded with the sending by UBLSOFTWARE to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
   
   The CUSTOMER undertakes to verify the correctness of the personal data contained in the aforementioned email and to promptly notify UBLSOFTWARE of any corrections / changes to be made.
   
   UBLSOFTWARE undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product shown on the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.resiot.io do not constitute a contractual element, as they are considered only representative.
   
   UBLSOFTWARE undertakes to deliver the goods within 30 days of the sending by UBLSOFTWARE of the e-mail confirming the order to the CUSTOMER.

   
   
4. ARTICLE 4 - Availability of products
   

   The availability of products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:
   
   - the products could be sold to other CUSTOMERS before the order confirmation, due to the simultaneous presence on the site of more users,
   
   - a computer anomaly could occur and would make a product that is not actually available to purchase, available again.
   
   Even after sending the order confirmation e-mail sent by UBLSOFTWARE, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the product or products not available and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of repayment of the sums eventually paid.

   
   
5. ARTICLE 5 - Method of payment
   

   Each payment by the CUSTOMER can only take place according to the means indicated on the site www.resiot.io.
   
   In case of payment by credit card, the actual charge of the order amount will occur only when the order is complete and ready for shipment.
   
   In case of payment with Paypal, the actual charge will be made at the time of sending by UBLSOFTWARE of the order confirmation e-mail.
   
   The communications relating to the payment and the data communicated by the CUSTOMER when this is done, take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.

   
   
6. ARTICLE 6 - Prices
   

   All sales prices of the products indicated on the www.resiot.io website are expressed in Euro and include VAT, and where applicable, the Raee contribution.
   
   Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made.
   
   The CUSTOMER accepts the right of UBLSOFTWARE to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time of the creation of the order and indicated in the confirmation e-mail sent by UBLSOFTWARE to the CUSTOMER.
   
   In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by UBLSOFTWARE, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase order will be considered not valid and canceled and the amount paid by the CUSTOMER will be reimbursed within 14 days. from the day of cancellation.

7. ARTICLE 7 - Right of withdrawal
   

   In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
   
   UBLSOFTWARE decides to extend this term from 14 to 30 days, it will therefore be possible for the CUSTOMER to withdraw from the purchase contract up to 30 days. following the day of receipt of products purchased online. In the case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the term of 30 days. runs from the date of receipt of the last product.
   
   The CUSTOMER who intends to exercise the right of withdrawal must communicate it to UBLSOFTWARE through an explicit declaration, which can be sent by registered mail to.r. or by accessing the "My orders" section of the "My account" space on the www.resiot.io website, with the creation of a Reso computer practice.
   
   The CLIENT can exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract.
   
   In case of exercise of the right of withdrawal, the CLIENT is required to return the goods within 14 days from the day on which he communicated to UBLSOFTWARE his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
   
   The goods must be returned to UBLSOFTWARE s.r.l., Via San Giorgio, 24 - 25038 Rovato (BS).
   
   The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, UBLSOFTWARE will reimburse the amount of products subject to withdrawal within a maximum period of 14 days.
   
   Regarding the return of the product object of withdrawal, UBLSOFTWARE assures its customers the possibility to use a carrier that has an agreement with the same. In the event that the customer decides to use this service, the shipping costs (except those related to the telephone booking) will be supported by UBLSOFTWARE (Article 56 co.1 dlgs 206/2005). In the case in which the customer intends to use another carrier or another means of delivery, all costs will be charged to him (Article 56 paragraph 2 of Legislative Decree 206/2005).
   
   As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, UBLSOFTWARE may suspend the reimbursement until receipt of goods or until the demonstration by the CLIENT that he has returned the goods to UBLSOFTWARE.
   
   UBLSOFTWARE will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CLIENT intends to exercise his right of withdrawal, he will have to provide UBLSOFTWARE, by accessing the contact section, the bank details: IBAN, SWIFT and BIC necessary for the reimbursement, by UBLSOFTWARE.
   
   *In case of a product defect the shipping costs will in any case be borne by UBLSOFTWARE.

8. ARTICLE 8 - Legal guarantee of conformity
   

   In case of receipt of defective products or in any case not in compliance with the orders placed, the CUSTOMER has the right to the restoration without expenses of the conformity of the product by repair or replacement of the product. The CLIENT can exercise this right if the defect occurs within two years from delivery of the goods and reports the defect to UBLSOFTWARE within two months of discovery. In order to exercise the aforementioned right, the customer must proceed with the creation of an IT practice by accessing the "My orders" section on the website www.resiot.io. UBLSOFTWARE, in case of defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.

9. ARTICLE 9 - Commercial guarantee
   

   All products presented on the site www.resiot.io benefit, as well as the legal guarantee of conformity referred to in the previous article, a commercial guarantee whose duration is quoted on the product data sheets of the articles.
   
   To use the warranty, the CUSTOMER must keep the invoice that can be printed by accessing the "My orders" section.

10. ARTICLE 10 - Delivery methods
    

    The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CLIENT of the order confirmation e-mail sent by UBLSOFTWARE.
    
    For every order placed on the www.resiot.io website, UBLSOFTWARE will issue an invoice for the goods shipped. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.

    
    
11. ARTICLE 11 - Responsibility
    

    UBLSOFTWARE assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are due to malfunctions and disruptions of the Internet, if it fails to execute the order within the time stipulated in the contract.

    
    
12. ARTICLE 12 - Access to the site
    

    The CLIENT has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of UBLSOFTWARE and are protected by the intellectual property right.

    
    
13. ARTICLE 13 - Cookies
    

    The website www.resiot.io uses "cookies". Cookies are electronic files that record information relating to the navigation of the CUSTOMER in the site (pages consulted, date and time of consultation, etc. ..) and that allow UBLSOFTWARE to offer a personalized service to its customers.
    
    UBLSOFTWARE informs the Customer of the possibility to disable the creation of these files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from making purchases online.
    
    For further information Click here

    
    
14. ARTICLE 14 - Integrality
    

    These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

    
    
15. ARTICLE 15 - Applicable law and competent court
    

    These General Conditions of Sale are subject to Italian law.
    
    Any dispute that does not find a friendly solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
    
    In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr

General terms and conditions of sale updated 05/03/2019