The parties agree as follows
For the purposes of this contract, the definitions set out in Article 4 of the EU Regulation apply 2016/679 “General Data Protection Regulation” (hereinafter the “Regulation”);
The object of this contract is the provision of the Service which allows the user to view and process technical operating data of the device and remotely manage some functions.
The Service will begin on the date of registration of the Customer on the platform and will last 10 years.
The Service is provided following the purchase of the goods in agreement with CUPPONE SRL
Access to the Service is obtained through the Customer’s registration on the CUPPONE platform and the subsequent connection of the device to the User Account thus generated.
The customer, who will be accredited as the main user, will have the right to allow access to their devices to 6 other secondary users as long as they are registered on the platform itself.
The Service provides a two-way data connection paid by the user.
The Service is made available by ECS SRL through CUPPONE SRL
The Customer undertakes to instruct Users on how to use the Service and the correct storage of access credentials.
The Customer undertakes to diligently apply the instructions for use provided by CUPPONE SRL, and to hold CUPPONE SRL and ECS SRL harmless from any civil or criminal liability that may arise from the use of the Service in an incorrect and/or negligent and/or imprudent or in any case not compliant with the instructions for use provided.
The Service is non-refundable.
The Customer and users authorize, pursuant to EU Regulation 2016/679 (hereinafter GDPR), CUPPONE SRL as data controller of what is collected and managed by the device to process personal data known or communicated in execution of this Agreement. The explicit and informed consent of the Customer is collected through acceptance of the information available at the link (cloud.cuppone.com)
The Customer assumes responsibility for any damage caused directly and/or indirectly, due to incorrect and/or negligent and/or imprudent use of CUPPONE.CLOUD, or non-compliance with the instructions for use provided, by those who are authorized to access, whether they are internal subjects and/or external to the Customer, including Users whose creation and activation was requested by the Customer. The Customer alone is responsible for enabling the users connected to it and the consequent checks on their legitimacy.
The Customer will hold CUPPONE SRL harmless from any damage caused by the Customer, its employees, collaborators, Users.
CUPPONE SRL and ECS SRL cannot be held responsible in any way for any suspensions, interruptions or malfunctions of the Service. The Customer indemnifies CUPPONE SRL ECS from any damage resulting from the use of the Service.
The law on copyright (L.633/41 updated to L. 14 July 2023, n. 93).
CUPPONE SRL reserves the right to suspend the Service, to modify the terms of provision and/or use at its discretion. In this case CUPPONE SRL will send a communication via email to the Customer
The Customer may terminate this contract without any charge, compensation or notice, with immediate effect.
CUPPONE SRL may terminate this contract at any time without compensation or notice, with immediate effect.
The Customer, upon termination of the provision of the Service by CUPPONE SRL for any reason, will not be able to further access CUPPONE.CLOUD. Therefore, data collection from Devices, their availability and their processing will no longer be active.
Termination involves the termination of the Service.
CUPPONE SRL reserves the right to make unilateral changes to this contract, the Customer can view it at the link (cloud.cuppone.com)
The applicable law is Italian law even in the event that the Customer has its registered office outside the Italian State.
The Court of Treviso will be exclusively competent to hear and resolve any dispute that may arise between the Parties, unless the issue to be resolved concerns intellectual or industrial property, for which the exclusively competent court identified by the Parties is the Court of Companies in Venice.