GENERAL CONDITIONS FOR LOGGING INTO AND USING THE PORTAL AND APP

These terms and conditions regulate use of the Portal and the DIHR App in a binding manner. 

The User is required to read this document carefully.

1 – DEFINITIONS

In these General Terms and Conditions, the following terms are envisaged:

• Company: DIHR Ali Group s.r.l., with registered office in via Gobetti 2/A, Cernusco sul Naviglio (Mi) and operative office in via del Lavoro 28 Castelfranco Veneto (TV), tax code and VAT number 13239980967, registration number with the Milan Business Register 413239980967, e-mail address dihr@dihr.com

1. 1. The Company has developed a connectivity service (hereinafter the “ Service”) provided through its web portal (hereinafter the “Portal”) and through the DIHR smartphone application (hereinafter referred the ”Application” or “App‘” which enables users to monitor and manage them remotely;

• Reseller:  a commercial entrepreneur, natural person or legal entity, and/or body or association who, performing his or her professional activity, has purchased from the Company a product prepared for connectivity services via Wi Fi or other equivalent technology;

• End-customer:  a natural or legal person and/or entity or association who, in the course of his/her professional activity, has purchased from the Reseller a product prepared for connectivity services via Wi Fi or other equivalent technology;

• User/s: Reseller or End-customer who registers on the Website and/or downloads the App by creating, on the Website and/or in the App, their own user profile; 

• Service/s: refers to connectivity services via Wi Fi or other technology that enable the remote control and/or remote monitoring and/or remote modification of certain operating parameters of the products sold by the Company that are pre-prepared for those functionalities, provided to Users registered on the Portal and/or App.

2 – GENERAL TERMS AND CONDITIONS

2.1. These General Terms and Conditions regulate the terms and conditions of Portal and App registration and use, including use of the Services and functionalities made available to registered Users, as set forth below, even if the End-customers have subscribed to the Connectivity Service from the Retailer from whom they have purchased and/or rented the machine manufactured by the Company (hereinafter, the “Machine”).

The User is obliged to use the Portal and App in compliance accordance with these General Terms and Conditions. 

2.2. The End-customer shall use the Service in compliance with the terms and conditions agreed by the latter with the Reseller in the Service provision agreement finalised between the End-customer and the Reseller. The Company is fully extraneous to the agreements finalised between the End-customer and the Reseller concerning the Service and remains relieved from any liability arising from them. The Reseller is solely responsible to the End-customer for the proper fulfilment of the contract for provision of the Service.

2.3. The User acknowledges and recognises that use of the Portal and the App presupposes the availability of a fixed or mobile device equipped with an Internet connection and on which a web browser is installed and running. Regarding the App, the User acknowledges and recognises that the Services require, as a minimum, a reasonably recent functionality. Failing this, it will not be possible for the User to use the Services through the App without any right for the User to compensation or indemnity of any kind. 

2.4. In any case, the costs of connecting to the Internet network to connect to the Website and App shall be borne by the User. 

2.5. The User may connect the product manufactured by the Company (hereinafter also the “Machine”) and equipped with the appropriate functionality to the Portal and/or the App by means of a Wi-Fi connection or any other equivalent technology available, in compliance with the provisions inf the following paragraph. 3. By means of the Portal and App services, the User may remotely control the Machine and, in particular, monitor its status, view and/or change (for a Reseller) the operating parameters as described in the following paragraph. 5.

2.6. For the purposes of these General Terms and Conditions, use of the Portal and App is understood as the access and use – via Internet or other equivalent technologies – of the relevant connectivity service and the remote control and/or monitoring and/or modification of certain Machine operating parameters, by means of fixed or mobile devices – not provided by the Company – available to the User (hereinafter also referred to as “Device” or “Devices”). 

2.7. In order to use the Service through the Portal and/or App, the User must register on the Portal and/or the App and accept these General Terms and Conditions as set out in the following paragraph. 3. This contract shall be deemed to have been finalised on full, complete acceptance by the User of the provisions of these General Terms and Conditions at the time of registration. Non-acceptance precludes the possibility of using the Portal and/or App.

2.8. The User shall be obliged to check, constantly and throughout the duration of this contract, the correct, regular functioning, updating and proper maintenance of its Devices. The Company and its suppliers are not liable for malfunctioning due to those devices or data connection, as well as for any hacking, or security or data breaches.

2.9. The Machine can operate offline as a “non-connected” Machine but cannot be controlled through the Portal and/or App without an active or functioning Internet connection and/or without other equivalent technology. It shall be the User’s responsibility to ensure that the connection is operational. 

2.10 For any further information on the functionality of the Portal and/or App, please refer to the information contained in the machine’s instructions for use.  

2.11. To be able to use, via the Portal and/or App, the remote technical assistance service provided by technicians authorised by the Company and described in the following paragraph 5 of these General Terms and Conditions, the End-customer registered as a User grants the Company, the Dealer or a repair shop authorised by the Company, for the duration of this agreement, a non-exclusive and non-transferable right to view the Machine’s use data and fault and functionality detection parameters, and to modify them.

2.12 Furthermore, in order to optimise the Services and Machines and quality control, the End-customer registered as a User grants the Company, for an indefinite period of time, a non-exclusive and non-transferable right to use the statistical and aggregate data relating to the End-customer’s use of the Machine during the term of this contract. 

2.13. The Company reserves the right to amend these General Terms and Conditions at any time and at its own discretion. Any changes to these General Terms and Conditions will be updated in the relevant section in the private area of the Portal and/or Application. The changes shall be considered as accepted by the User, unless the latter notifies the Company of his/ her wish to withdraw from this contract within 30 (thirty) days of the aforementioned communication by writing to the e-mail address indicated in the “contacts” section of the Company website.  If the End-customer terminates, the Reseller will be informed and the User’s account will be deactivated with resulting termination of the Connectivity Services and remote control and/or monitoring of the Machine provided through the Portal and/or App. In this case, the User may not claim any reimbursement from the Company, for any reason whatsoever, even related to the fee paid to the Reseller to use the Service.

3 – REGISTRATION

3.1. In order to register and operate on the Website and/or App, the User must:

• be an adult, if a natural person;
• be a “User”, as defined in par. 1(e);
• register in the relevant section of the Website and/or the relevant Application by filling in the form and creating a User profile;
• read the information notice for the processing of his/her personal data; 
• accept these General Terms and Conditions;
• have subscribed to the Service, as indicated in par. 2.1. of these General Terms and Conditions.

3.2. The User acknowledges and accepts with completion of the registration procedure to the Website that communications relating to its use, including updates and amendments to these General Terms and Conditions, will be available in the appropriate section in the reserved area of the Portal and/or App. It is the User’s responsibility to check by logging into his/her reserved area and using the specific functionality available there.

3.3. Registration on the Portal and/or its Application is reserved for Resellers and End-customers, as defined in the previous paragraph 1 (c) (d) and (e). The User who declares and guarantees that he/she is an End-customer, as defined above, upon registration authorises the Company and the party who sold him/her the Machine (Reseller), or another repair centre authorised by the Company, to remotely control the Machine and, in particular, to monitor the Machine status, to view and change the operating parameters of the Machine and to use the remote technical assistance service.

3.4. The Company reserves the right to permanently disable and/or suspend User access to the reserved area of the Portal and/or App in a breach by the User of the provisions of this paragraph; without prejudice to the right to compensation for any damages that, for any reason whatsoever, the Company may suffer as a result of the User breach of the aforementioned guarantees.

3.5. The User who registers undertakes to provide true, correct personal data and information and acknowledges and accepts that, in the event of inaccurate information or information that does not relate to the identity of the End-customer and/or Retailer, the Company may find itself unable to perform the registration and/or shall be entitled to permanently disable and/or suspend the User’s access to his/her reserved area of the Portal and/or Application.

3.6. The person who registers as representative or referent of a legal person or entity declares that he/she has the powers needed to carry out the registration in the name of that legal person or entity and to use the Services on the Website and/or the Application in the name of the same; thus validly committing that legal person or entity to the Company for such purposes.

3.7. For the data processing and storage conditions, and with regard to the User’s rights in relation to his/her data, reference is expressly made, as an integral part of these General Terms and Conditions, to the current version of the Privacy Policy provided to the User during registration.

3.8. The User agrees to hold the Company harmless and indemnified from any damage, prejudice, burden, cost, expense, indemnification obligation and/or claim of third parties arising from or in any way connected to the breach by the User of the aforementioned rules for registration and/or use of the Services on the Website and the App and/or storage of registration credentials.

3.9. In any case, the Company reserves the right to terminate this contract with immediate effect and to permanently deactivate and/or suspend the User’s access to the reserved area in the event of a breach by the latter of the obligations, commitments and guarantees envisaged in these General Terms and Conditions, and in the event of violations of the law by the User and/or at the request of the competent authorities; without prejudice to the Company’s right to compensation for any damages suffered. If this contract is terminated with immediate effect, the User shall not be entitled to claim any reimbursement from the Company, for any reason whatsoever, even in relation to the fee paid to the Reseller to use the Service.

4 – START AND DURATION OF SERVICE – TRANSFER OF MACHINES TO THIRD PARTIES

4.1. The Service shall last as agreed upon in the contract that the End-customer has finalised with the Reseller for the provision of the Service. 

4.2. If this contract is terminated for any reason the Connectivity Service shall be terminated and the User’s access to the Portal and App shall be disabled. 

4.3. In any case, this contract shall also end in all cases in which the contract between the End-customer and the Reseller concerning the Service is terminated. The provisions of the following paragraph remain unaffected, par. 9.4. 

4.4. Similarly, the User exercising the right to limit the processing of data when the retained processing does not allow the basic functionality of the Portal and/or App shall also result in termination of this contract. 

par. 4.5. If this contract is terminated for any reason whatsoever, the User shall not be entitled to receive from the Company any compensation for damages or reimbursement of expenses incurred, including those paid to the Reseller to use the Service. 

par. 4.6. The Company may terminate this contract and revoke the licence in the event of failure to comply with the notice addressed to the User indicating the deadline for compliance with the obligations set out in these General Terms and Conditions.

par. 4.7. If this contract is revoked or terminated for any reason whatsoever, the User shall in any case immediately cease using the Portal and/or the App, without prejudice to the right of the Company to disable the User’s access to the Portal and/or the App. 

par. 4.8. If transfer to a third party of one or more Machines equipped with the appropriate functionality should take place, the User undertakes to send written notice to the Reseller and the Company within 30 days from the date of the transfer. That communication must indicate the serial numbers of the machines sold. The Company shall, within 30 days of receipt of that notice, ensure that the User is no longer able to view the data of the transferred Machines within its reserved area of the Portal and the App.

par. 4.9. The Company shall not be liable for any damages suffered by third-party purchasers of the Machines sold by the User arising from actions and/or omissions by the User. 

5 – REMOTE TECHNICAL ASSISTANCE SERVICE

par. 5.1. The User may use – through the Portal Services and/or the App – the connectivity service that allows him/her to remotely control and/or monitor and/or remotely modify certain operating parameters of the products sold by the company that are predisposed for such functionalities.

par. 5.2. In order to request the authorised repair centre for any changes to this authorisation, the User may contact the Company at any time by sending an appropriate request to the e-mail address indicated in the “contacts” section of the Company website.

par. 5.3. The End-customer acknowledges and accepts that the authorised repair centre that performs the Technical Assistance Service, also remotely, is solely responsible for the provision of the Service itself; it acknowledges and accepts that the Company is entirely extraneous to the relationship established between the aforesaid repair centre and the End-customer for providing the Service. The Company is not liable for the actions of those third-party repairers in providing the aforementioned Service, even if performed remotely.

6 – SERVICE AVAILABILITY

par. 6.1. Notwithstanding the fact that the Company is under no obligation to update and further develop the Portal and/or the App, the Company itself shall make updates to and from the Portal and the App available to the User. The update is included in this contract for its entire duration. It is the User’s responsibility to update the Portal and/or the App, also by downloading updates from the market stores when made available by the Company. The latter shall not be liable for malfunctions or interruptions of the Service resulting from failure to update. 

6.2  All clauses of these General Terms and Conditions shall apply to the updated or revised Portal and App.

par. 6.3. If as a result of missing registration or transmissions of data, the periodic reporting has total or partial data deficits, the User is aware that the results (final results, statistical analyses, predictive indications, etc.) may be flawed or incomplete as a consequence and therefore subject to reservation.

par. 6.4. The Company shall make every reasonable effort to make all features and Services offered through the Portal and/or App available. However, it cannot be ruled out that, for the purposes of better service, the Company may have to temporarily interrupt availability in order to carry out technical intervention and ensure the proper functioning of the Machine’s connectivity system provided through the Portal and/or the App. In this case, at the time of use, the User may receive a notice of temporary service suspension required by the aforementioned technical intervention. The User releases the Company from any liability that may arise from that temporary suspension, except in the case of wilful misconduct or gross negligence on the part of the Company. 

7 – INTELLECTUAL PROPERTY

par. 7.1. The Portal and the App are protected by intellectual property rights.

par. 7.2. This licence does not imply the assignment to the User of any ownership rights to the Portal nor to the App; nor ownership of any rights whatsoever, other than the aforementioned licence for as long as the licence is effective. The Company is the sole owner of the property rights, including intellectual property rights to the Portal and the App, and moral rights and rights of economic use, including the right of reproduction, translation, adaptation, transformation, modification and distribution in any form and without any limit, including the sale and rental of copies thereof and of modified or updated versions. Reproduction and dissemination, in whole or in part, of the content of the Portal and the App is prohibited; as is their transfer, by electronic or conventional means, modification or use, in whole or in part, for any purpose other than use within the scope of the licence governed by these General Terms and Conditions. 

par. 7.3. All technical information, algorithms, procedures and user manuals contained in the Portal and the App are to be considered as confidential information and documents owned by the Company. The User shall treat that confidential information and documents owned by the Company confidentially. In particular, no information may be passed on or made available to third parties without the Company’s prior written consent. The obligation to maintain confidentiality continues to be effective for a period of three years after termination, for any reason, of use of the Portal and the App. 

7.4 The User acknowledges and recognises that all intellectual property rights relating in general to the products purchased from the Company, merely as an example: patents, logos, trade names, industrial designs, know-how, designs, etc., are and shall remain the sole property of the Company. It is understood that use of the Portal and the App is in no way intended to assign or grant any authorisation – not even temporary – for use of the trademarks, brands and/or other intellectual property rights of the Company by the User. The User undertakes to agree in advance in writing with the Company on any use of the same, even if linked to promotional initiatives and/or advertising/information material prepared in the interests of both Parties.

7.5 Should the Company become aware of any improper use, by the User, of the Portal and/or the App, of the trademarks owned by the Company or and/or, more generally, of the breach by the User of the prohibitions outlined in these General Terms and Conditions, the Company may terminate this contract with the User with immediate effect, without the need for a formal notice and without prejudice to the right to claim damages. In this case, the User may not claim any reimbursement from the Company, for any reason whatsoever, even in relation to the fee paid to the Reseller to use the Service.

8 – WARRANTY AND LIABILITY. THIRD-PARTY SERVICES

8.1 The User acknowledges that the licensed version of the Portal and App is improvable and subject to improvement and evolution. 

8.2 The Company shall not be liable in any manner whatsoever for the failure or partial functioning of the Portal and the App caused by the original or supervening lack of the technical prerequisites referred to in the preceding paragraphs 2.3 and 2.6 or by its malfunctioning, even temporarily, for any reason. Neither shall the Company be held liable for any failure to use or partial use of the Portal and/or the App due to the suspension or interruption or malfunctioning of the Wi-Fi or Internet connection or other equivalent technologies available. Nor, more generally, for any damage caused by actions or omissions dependent on the wilful or negligent conduct of third parties and/or in any case outside its sphere of control.

8.3 The User is responsible for his/her own use of the Portal and App and for his/ her own instructions sent via connection to the connected Machines. The Company declines any liability for damage to the Machines, to the goods of the End -customer or third parties, to the User himself, as well as to third parties, as a result of fraud or negligence on the part of the User and/or persons appointed by the latter; as well as a result of the use of the service by the User that is abnormal or improper or does not comply with the instructions for use provided at the time of purchase of the Machine, and/or with the instructions regarding the service functions available on the Portal and App.

8.4 The Company also disclaims any and all liability in respect of the operation of the Portal and the App, in the event that the User fails to comply with these General Terms and Conditions and/or the instructions for use provided at the time of purchase of the Machine and/or the information on the available functionalities on the Portal and the App.

par. 8.5. Furthermore, the Company shall not be liable in any way for any damage suffered by the User, the Machine and/or third parties if the User has connected the Machine to other connectivity systems other than the one covered by these General Conditions and provided by the Company itself.

par. 8.6. Should the User, in the Portal and/or App, find access to additional services made available by third parties, the User acknowledges and recognises that these services, which do not pertain strictly to the activation of the Machine or its use in the strict sense of the word, may supplement the services offered by the Company, freely selectable by the User. Any activation by the User of those additional services implies the User’s willingness to access services other than those of the Company. The terms of use of these additional services and the processing of personal data collected in the context of these additional services are entirely defined by the owners of these services and can be consulted on the relevant websites and applications. The User acknowledges that use of additional third-party services entails the collection and processing of his/her personal data in the manner and for the purposes established by  those third parties. The Company is not responsible for the content and operation of these additional third-party services, nor for the processing of personal data.

8.7 The User acknowledges that when using the services provided by any other third party in connection with use of the Portal and the App (e.g. in relation to the browser used), the User will be subject to the Terms and Conditions and the Privacy Policy of that third party and the User agrees to be familiar with and comply with the relevant Terms, Conditions and Policy.

8.8 The costs of connection and data traffic on the operator’s network depend on the type of contract signed by the User with his telephone operator and are borne by the User.

9 – PAYMENT OF THE SERVICE

par. 9.1. The End-customer shall pay the fee (if any) for the Service to the Reseller, according to the amounts, terms and timing agreed upon by the End-customer with the Reseller in the Service provision agreement. 

par. 9.2. In any delay of payment to the Retailer of the Service fee, upon the Retailer’s request, the Company reserves the right to suspend the Service until it receives notice from the Retailer that the relevant fee has been paid.

par. 9.3. The Company right of action for the protection of its rights, including the right to compensation for any damages suffered, shall in any event remain unaffected.

par. 9.4. The Company shall not be liable to the End-customer in the event of disconnection of the Service to the End-customer as a result of the Retailer’s breach of its obligations to pay the Service fee set forth in the Agreement between the Company and the Retailer; and/or, in general, as a result of the Retailer’s breach of its obligations to the Company as set forth in said Agreement and which results in its termination due to an event attributable to the Retailer.

10 – APPLICABLE LAW 

par. 10.1. These General Terms and Conditions are governed by Italian law. The applicability of the United Nations Convention on the Sale of Goods, its updates and amendments is specifically excluded.

par. 10.2. Any dispute arising from interpretation, execution and/or application of these General Terms and Conditions shall be settled by the Court of Treviso. 

11 – PRIVACY

par. 11.1. In order to register on the Portal and/or App, the User is required to fill in a special form and provide personal data. To this end, the User must read the privacy policy drafted pursuant to Article 13 of EU Regulation 679/2016 (“GDPR”), which will be made available to him on the Website and the App. 

par. 11.2. When the Website and the App provide the User with the option of filling in a form in which to provide personal data for specific purposes, there will always be a specific privacy policy drafted pursuant to Article 13 of the GDPR that the User must read before providing data.

12 – FINAL PROVISIONS – CONTACTS

par. 12.1. The invalidity or ineffectiveness of one or more clauses of these General Terms and Conditions shall not affect the validity and effectiveness of the other clauses. However, it is agreed that, in that case, the Company and the User undertake to agree in good faith and to replace any invalid or ineffective clause with another valid and effective one that achieves, as far as possible, the same economic results and their common intent.

12.2 The User shall not be entitled to transfer or assign to third parties, either in full or partially, his rights arising from these General Terms and Conditions.

par. 12.3. The failure of the Company to exercise any right granted to it by these General Terms and Conditions shall not constitute a waiver of that right, nor a tacit abrogation of the clauses envisaging it.

par. 12.4. For any communication related to the Portal, the App and the Services available therein, please contact the Company at the e-mail address indicated in the “contacts” section of the Company website.