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Tageasy Terms and Conditions

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Preamble

Tageasy is a web application owned by Studio De Santi Srls (hereinafter “Studio DS”) based in Rome in Via Torraccia di Aguzzano, 5, Italy.

Studio DS develops, operates and provides various services in the field of proximity technologies, such as, among others, QR Code, Rfid antennas, NFC, websites (mobile and desktop) and related management, optimization and scanning tools, as well as consulting services for its customers (hereinafter “User”).

With these General Terms and Conditions Studio DS aims to ensure a transparent relationship with the User, but at the same time to protect Studio DS from harmful use. By accepting these General Terms and Conditions, the User also accepts the attached Acceptable Use Policy and the Privacy Policy in the version applicable at the time of the conclusion of the Agreement.

Definitions

Terms	Description
T&C	These Terms and Conditions
Contract	The contractual relationship between Studio DS and the User governed by these T & Cs.
Tageasy	The web application owned by Studio DS
Tag	Devices equipped with proximity technology (qr code, NFC, Rfid and others), of any type and material, connected to the Tageasy application.
Service	The set of services and functions provided by Studio DS through the Tageasy application and related tags
A.U.P	Acceptable Use Policy

1. Scope of this Agreement

These T & Cs govern the use of the Tageasy web application, except in cases of explicit indication regarding the application of separate conditions (other than these), and provide information on the Service provided under the tageasy.eu and tageasy.it domains, reserving the right to add additional domains in the future. By creating a Tageasy account or using Tageasy, the User accepts these T & Cs.

These T&C regulate any contractual relationship between Studio DS and the User, regardless of whether the declaration, login, registration, conclusion of the contract, the service or the reception of the service take place inside or outside the territory. Italian.

2. Conclusion of the contract

The presentation of the Service on the Tageasy websites does not represent a legally binding offer from Studio DS, but a non-binding invitation to the User to submit a corresponding offer. The processes and technical steps that lead to a binding offer by the User will be explained in the respective sections of the specific service or subject to personalized negotiation.

2.1 Account Registration

The request for registration as a legally binding offer by the private (Non-commercial) User can be submitted only after explicit confirmation by the User himself that he has read and accepted the T & Cs and the revocation instructions by clicking on the respective checkbox.

Upon completion of the registration phase on the Tageasy website, Studio DS quickly sends a confirmation e-mail to the e-mail address provided by the User. The User must ensure that the e-mail address provided is correct and that the e-mails sent by Tageasy will be received and will not be blocked or similar.

3. Service

Studio DS’s goal is to provide the User with continuous availability of the service with error-free functionality. However, Studio Ds may occasionally limit or suspend services and / or functions for a reasonable period of time, and during off-peak hours, for maintenance, updating or performance optimization. Furthermore, Studio DS has the right to completely discontinue the services upon notice.

3.1 Account

For registration purposes, the User can create and use an account in accordance with the A.U.P. The registration process is described in Tageasy’s Privacy Policy.

The User undertakes to provide accurate and complete information at the time of registration and during the entire time of use of the service, keeping this information always updated.

The User undertakes not to disclose any information on the account to third parties, including the password, since the User himself is solely responsible for the confidentiality and security of the account and all activities that take place through or in connection with it. In the event of a suspected breach of security or misuse of the account, the User shall immediately notify Studio DS in writing.

Studio DS is not responsible for any loss or damage caused by unauthorized use of the account. This explicitly takes into account information stored in the account or any malicious misuse of the compromised account.

3.2 Tageasy, Tags, websites and related tools.

The Service provided by Studio DS through Tageasy and the Tags, with the related tools available on the registered websites, largely depend on the availability of third parties, in particular also on the availability and accessibility, for example, of the worldwide Internet communications infrastructure. , data centers, telephone lines, mobile communication networks, domain providers, apps and more. The User is aware that these factors are beyond the influence and responsibility of Studio DS and acknowledges that for this reason the Service may be in whole or in part, permanently or temporarily, interrupted, limited, blocked or modified, as far as required.

Tageasy uses applications that can monitor user behavior in the phases of use of the service. This information is intended to optimize the security and services of Tageasy and are managed confidentially in due respect of the provisions and regulations on data protection outlined in the Tageasy Privacy Policy.

4. The use of the service

The use of the Service is subject to the attribution to the User of one or more unique links, each of which has specific characteristics in terms of storage space and duration of the service itself

4.1 Unique link attribution

• Private user (Non-commercial). The unique links are attributed by entering the code belonging to the link by the User.

The User can have the unique link and the related code in the following ways: 1. Purchase online on Tageasy sites or partner sites of the code with its unique link. 2. Online purchase on Tageasy sites or Tag partner sites that direct the user to a unique link with indication of the relevant code. 3. Offline purchase from Studio DS di Tag partner companies that direct the User to a unique link with indication of the relevant code. 4. Possession of a code and related link or device, referred to in point 2, as a result of gift or distribution by commercial Users.

• Commercial user. The unique links are attributed by DS Studio in line with the contractual conditions applied.

The purchase and possession referred to above give the User the right to use the Tageasy service in the manner described in the relevant information documentation, without prejudice to the acceptance, during registration, of these T & Cs.

5. License to upload content.

Some of Tageasy’s services allow the User to upload, send, store or share content of the User’s choice. There is no obligation to provide any content to do so. If the User chooses to upload or share content, the User guarantees that they have the necessary rights and that the respective content is lawful.

5.1 License

The content provided by the User remains his property, therefore he retains all intellectual property rights. In the event that the use of the contents by Studio DS is limited by the User’s intellectual property rights, their authorization is required. This license gives Studio DS that permission.

This license is non-exclusive, royalty-free and effective worldwide. This means that it is effective anywhere in the world, there are no restrictions regarding the licensing of content to others, and there is no cost for this license.

The license covers the content uploaded by the User, provided it is protected by intellectual property rights.

The purpose of this license is limited to the provision of the Service, thus allowing Studio DS to create new features and functionality of Tageasy and function as intended by design. This includes using automated systems and algorithms to analyze your content. The analysis takes place when the content is sent, received and stored and has the following purposes:

• search for illegal content, spam or malware;
• recognize the data models used in storage optimization functions;
• customize the service for the User, in order to provide advice on the use or personalized design, content and ads where provided.

5.2 Rights

Within the limited purposes mentioned above, the following rights are granted to Studio Ds through this license: - use the User’s content exclusively for technical purposes, such as archiving content, in order to make it accessible from anywhere or to ensure the compatibility of the content with the Service; - ensure the public availability of the contents, provided that the User has made them visible to others; - license these rights to: - other users in order to ensure that the service works as intended, for example by facilitating the sharing of images with other people; - Studio DS partner company, based on an agreement that is consistent with these terms, within the limited purposes set out above.

5.3 Duration

The removal by the User of any content covered by this license will imply, in the most reasonable and short time possible, that the Service will stop making this content publicly available.

6. License to Studio DS - Commercial users

If the User is a company, the User grants Studio DS a non-exclusive, non-transferable, worldwide, royalty-free and limited right to use its name, trademarks and logos for the purpose of referring to the User as a customer. by Studio DS on Tageasy’s websites and within Tageasy’s marketing materials. The User warrants to Studio DS that the User has the right, title and / or authority to grant such license to Studio DS.

If the User has concluded agreements other than the aforementioned clause with Studio DS at an earlier date, the individual contract takes precedence.

To waive this clause and therefore not grant this license to Studio DS, please send an email to support@Tageasy.eu

7. New tools / features - Test phase

Studio DS is constantly developing new tools / features, which can be added to the sections of the Service even in Test mode. These test tools will be identifiable as such, eg. tagging with “test”, “beta”, “preview” or similar expressions. These testing features may not be as reliable as the other Tageasy tools.

The features being tested are intended to gather information on ease of use and general functionality to improve the Service. Ease of use can be assessed in the form of statistical evaluations, in all cases without any verification of the individual individual.

The User can be informed about new features, eg. via pop-up information within the user’s account. To use these features, the aforementioned regulations in Section 2 of these T&C on the conclusion of the Agreement apply. The User’s consent will be collected in this regard, as legally required.

8. Age Requirements

In the case of a natural person User, the Service is in principle intended for users of age. The User under the required age may obtain the Service with the permission of his parents or legal guardians provided that he has read and accepted the T & Cs.

9. Remuneration

9.1 All prices include the respectively applicable statutory value added tax (“VAT”), unless VAT is stated separately.

9.2 Unless the Service is free, the fees and commissions that must be paid by the User and valid at the time of the conclusion of the Contract, are presented within the respective sections of the Service, including all the related price components, processes and payment terms. The corresponding contractual invoice will be made available by Studio DS to the User by post, e-mail or by download within the User’s account at the same time or after the acceptance of the Contract.

9.3 Fees are due immediately after the conclusion of the Contract. If a payment due date determined by the calendar is envisaged, the User will default in the event of non-compliance with the deadline and will have to pay Studio DS the default interest for the year at a rate of 5 percentage points higher than the prime rate. . The User’s obligation to pay default interest does not preclude Studio DS from claiming further damages caused by default.

9.4 In the event of failure by the User to comply with the respective contractual payment obligations, Studio DS may grant a further deadline for compliance, at the end of which Studio DS may terminate the contract with the User by right and immediately eliminate the data. The termination provisions in Section 12 of these T & Cs remain unaffected.

9.5 Studio DS is not obliged to provide or unblock the Contractual Service prior to receipt of payment, where payment is due.

9.6 The non-use by the User of the contractual Service does not release the User from his payment obligations.

9.7 Objections to the invoicing of the services provided by Tageasy must be raised in writing at the Studio DS office indicated on the respective invoice by the User.

10. Rights and obligations of the User

The User uses the Service in compliance with the applicable legal provisions.

Therefore, by way of example and not limited to: - The User does not use any illegal content or link to such content that violates the laws, official regulations or the rights and freedoms of third parties when using the Service, in particular they must not insert such content or link through Tageasy tools such as storage space. - n the event of such violations, illegal content or suspected misuse, Studio DS may delete, block or limit the Service, its contents or links without notice. - The User prevents unauthorized access by third parties to the Account by adopting the appropriate precautions according to the current state of the art. - The User does not transfer services or contractual rights to third parties or provide third parties with the use. - The user checks the data and information for viruses or other harmful components before placing them in the Tageasy storage space. - The information stored by the User on the storage space provided by Tageasy may be protected by copyright and data protection law. The User grants Studio DS the right to store the contents, reproduce them, transfer them for the purposes of the User and reproduce the content for the purpose of data backup in accordance with the License for the upload of contents referred to in section 4 of the present T&C. - The User refrains from any action that may affect the functionality of the Service. This includes, inter alia, the use of viruses, malicious software or software that automatically generates User requests over the Internet or otherwise to the detriment of Tageasy. Furthermore, the User will not modify, manipulate, overwrite, copy or distribute any areas of the website or areas of the website of other users provided by Tageasy or their service providers. - The User is responsible for the technical devices, means of communication, hardware and software that he uses in connection with the Service. This also applies to their adequacy and safety.

Please also consult the A.U.P. by Tageasy. The User is required to guarantee it and verify it continuously and adequately under his own responsibility.

11. Involvement of Third Party Content

Studio DS may provide information, references or links to third party (software) service providers on Tageasy’s technical infrastructure or completely independent from Tageasy. This could also include providing software as a service delivery platform, commonly referred to as an app store, to extend Tageasy’s range of products and services. Tageasy’s websites may contain links to external third-party websites, where Studio DS has no influence on the content of such websites. Studio DS makes no warranties for this external content. The respective provider or operator is solely responsible for the contents of linked websites. If Studio DS becomes aware of any violations, it will check those links.

12. Liability

12.1 Studio DS is liable without limitation in the event of willful misconduct or gross negligence, for injury to life, body or health, according to the regulations of the Italian law on product liability and to the extent of a guarantee assumed by Studio DS.

12.2 In the event of a slightly culpable non-fulfillment of an essential obligation to achieve the purpose of the contract, the liability of Studio DS will be limited to the amount of the foreseeable and typical damage according to the nature of the respective contractual relationship.

12.3 Any further liability of Studio DS is excluded.

12.4 The aforementioned limitation of liability will also apply to the personal liability of employees, representatives and bodies of Studio DS.

13. Indemnity

The User agrees to indemnify and hold harmless Studio DS, its affiliates, subsidiaries, officers, agents, partners, employees and licensees from any claim or request, including the consequent legal fees, advanced by third parties against one of the natural persons or legal entities mentioned above due to or resulting from culpable violation of these T & Cs, the Content Upload License, the Privacy Policy or the AUP, by the User.

14. Confidentiality

14.1 “Confidential information” means all information and documents exchanged between the User and Studio DS, and in any way, marked as confidential or which must be considered confidential by the circumstances, in particular information on operational processes, commercial relationships and know-how.

14.2 The User and Studio DS agree to keep confidential information secret.

14.3 The User and Studio DS grant access to confidential information only to persons who are bound by professional secrecy or who have previously been subject to confidentiality obligations equivalent to those of this Agreement.

15. Data protection

The User as well as Studio DS process personal data in accordance with the provisions of European data protection laws. The detailed description of the processing of personal data is included in the Tageasy Privacy Policy.

16. Intellectual Property

Studio DS guarantees that the use of the Service by the User does not conflict with any third party rights. If there are indications of possible violations of the rights of third parties, Studio DS will verify the plausibility of such indications and, if there is a justified suspicion of violation, it will take reasonable measures.

Except as expressly provided for in the Agreement, neither Studio DS nor its subcontractors make any representations or warranties, express or implied, legal or otherwise, with respect to any matter, including merchantability, suitability, originality or fitness for a particular use or purpose, non-infringement or results resulting from the use or integration with products or services provided under the Agreement or that the operation of any product or service will be safe, uninterrupted or error-free. You agree not to rely on Tageasy’s provision of future features, public comments or advertisements or product roadmaps to obtain subscriptions for any service.

17. Term / Termination

The Contract is concluded for an indefinite period of time, unless otherwise agreed between Studio DS and the User, according to the periods established in the specific sections of the service. The relationship begins with the registration and login of the User and can be terminated by both parties with the cancellation of the account or in the case of services agreed with a notice of each party in written form with a notice period of one (1 ) month. At the end of the agreed contractual period, the Service will be automatically extended for the same duration and at the same price. The termination must be communicated to Studio DS at support@tageasy.eu

The cancellation of an account has no effect on any payment obligations if the account is canceled during an agreed contractual period.

The right of each party to withdraw from the Agreement without notice for just cause (termination of law) remains unaffected. Studio DS also has the right to terminate the Agreement without notice if the User violates fundamental contractual or legal obligations, jeopardizes the security of Tageasy systems or other users / third parties or fails to make the payments due despite a reminder.

18. Withdrawal

18.1 The consumer User (ie private, non-commercial), has the right of withdrawal in accordance with the provisions of the law. The consumer will be informed of this right separately, where applicable.

The User has the right to withdraw from this Agreement within fourteen days from the date of conclusion of the contract.

To exercise the right of withdrawal, it is necessary to send the relevant communication via email to support@tageasy.eu.

18.2 In the event of withdrawal from the Contract, all payments received will be returned to the User, including delivery costs (with the exception of additional costs resulting from the choice of a different type of delivery compared to the standard economic delivery offered by Studio DS), to be repaid immediately and at the latest within fourteen days from the day on which Studio DS received notification of the termination of this Agreement. For the purposes of the refund, the same payment method used by the User for the original transaction will be used, unless otherwise expressly agreed; in no case will the User be charged commissions.

19. Validity of the Agreement / Jurisdiction / Final clauses

19.1 Should individual provisions of these T & Cs not be valid, this does not affect the validity of the remaining provisions. By mutual agreement, the parties will do their best to find a valid provision to replace the invalid provision in economic terms and in meaning.

19.2 The failure of Studio DS to enforce a provision does not constitute a waiver of its right which it may also exercise subsequently.

19.3 The User may transfer complaints against Studio DS to third parties only with the written consent of Studio DS.

19.4 The User’s T & Cs, if any, do not apply.

19.5 Any dispute arising from this Agreement will be the exclusive competence of the Court of Rome, if the User is of a commercial nature or a legal entity under public law or does not have a general competent court in Italy.

19.6 This Agreement is governed by Italian law with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (United Nations Convention on Sales).

19.7 In case of inconsistencies between the Italian version of the T & Cs and any version in another language, the Italian version will prevail.

Acceptable Use Policy (A.U.P.)

Studio DS considers proximity technologies the ideal interface between the real world and the digital world. Studio DS ensures that technology is used in a positive and constructive way, for the benefit of people and society as a whole.

To this end, Studio Ds establishes some general guidelines about the way in which our solutions and services must NOT be used by the User who accepts.

These guidelines include, but are not limited to:

• scan or test the vulnerability of our systems and / or our network in any way.
• violate any authentication or security measures.
• illegally access, modify or use shared service areas that require authorization or non-public areas of the service.
• obstructing or disturbing the network, the host or the user of the service or disobeying any requirement, procedure, policy or regulation of the networks connected to the Tageasy websites.
• misuse or create accounts for any means other than the intended use of publicly supported interfaces, such as bulk account creation.
• interrupt service users by sending unsolicited communications, advertising or spam.
• send promotions or advertisements without adequate authorization for products or services other than your own.
• manipulate identifiers by forging email headers and / or sending misleading or altered information in order to disguise the origin of any user content transmitted through our websites, including “phishing” or “spoofing”.
• impersonate any person or entity or otherwise misrepresent or falsely state one’s connection with a person or entity.
• collect or store data or personal information of other users of the service.
• take advantage of Tageasy’s solutions, features or startup such as “unlimited” scans far beyond “normal” behavior.
• publish, share or download any file posted by another user that is illegal and should not be legally distributed in such a way.
• harass, threaten, defame, abuse or violate the legal rights of the staff or representatives of Studio DS, as well as the users of the service.
• promote hatred or fanaticism against any person or group of people based on their race, ethnicity, religion, sex, gender identity, sexual orientation, disability or impairment.
• violate any applicable local, state, national or international law and the privacy or rights of others.