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Terms of Service

Background

Electe S.r.l., headquartered at Via Montenapoleone 8, 20121, Milan, VAT No.: 12771670960 (hereinafter "Electe"), is the Company and operates the electe.net platform, accessible from the website platform.electe.net.

The platform provides a commercial analysis service.

These Terms of Service set forth the terms and conditions of use of the site (hereinafter, "Site") and platform accessible at "platform.electe.net" (hereinafter, "Platform") and the Application.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named electe.net

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Italy

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Electe Srl, Via Montenapoleone 8, Milano (MI) 20121.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application or the Website or both.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Electe, accessible from https://www.electe.net

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment and Incorporation by Reference

These Terms and Conditions ("Terms") govern the use of the Service and establish the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service and may be incorporated by reference into specific contracts or agreements between the Company and its clients or users.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients, and others who access, use the Service, or enter into business relationships with the Company.

By accessing or using the Service, or by entering into any contract that references these Terms, You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service or enter into any contractual relationship with the Company that incorporates these Terms.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to accept these Terms on their behalf and to bind them to these Terms. This representation extends to any contract or agreement that incorporates these Terms by reference.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.

The Privacy Policy is hereby incorporated into these Terms by reference.

Changes to Services

The Services may change over time as we improve them. We may modify, suspend, discontinue, or temporarily or permanently restrict access to all or part of the Services and/or any related software, facilities, and services, with or without notice, and/or establish general guidelines and limitations on their use. Some of these changes to the Services may render certain hardware devices, third-party services, configurations or software settings unusable. We may make such changes at our sole discretion and with or without notice.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable

Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Third-Party Reviews and Ratings

Nature of Third-Party Reviews

The Company may display on the Service reviews, ratings, or other content that has been collected from third-party platforms (such as Trustpilot, Google Reviews, Goodfirms etc.). These reviews and ratings were originally published on external platforms and are subject to the terms of service of those platforms.

Selection and Display of Reviews

The Company reserves the right to select which third-party reviews to display on the Service. This selection may be based on various criteria such as relevance, usefulness, date, or rating, without any obligation to maintain impartiality in selection.

The Company is not obligated to present a representative sample of all reviews available on third-party platforms and may display only selected reviews at its sole discretion.

Disclaimer for Third-Party Reviews

The Company does not guarantee the accuracy, authenticity, or reliability of any reviews or ratings originating from third-party platforms. The Company is not responsible for any misleading, defamatory, or illegal content that may be present in such reviews.

The display of third-party reviews does not constitute endorsement or verification of their content by the Company.

Attribution and Referencing

The Company will attribute the source of third-party reviews (e.g., "Review from Trustpilot") and comply with attribution requirements of the original platforms.

Where feasible, links to the original reviews may be provided.

Copyright Compliance and Fair Use

The Company believes that sharing external reviews falls within the scope of fair use or copyright exceptions provided by applicable law. Upon request from the rights holder or original platform, the Company will promptly remove any content.

Review Updates

Reviews displayed on the Service may not reflect the most recent opinion of the reviewer or changes made to the original review on the third-party platform after it was shared on the Service.

The Company may, but is not obligated to, periodically update the displayed reviews.

Notification and Removal

If you believe that a third-party review displayed on the Service is false, violative, or problematic, please contact us at [designated email]. The Company reserves the right to determine whether to remove or modify such content at its sole discretion.

Format Modifications

The Company reserves the right to modify the format of shared reviews (e.g., abbreviating very long reviews, correcting obvious spelling errors) while maintaining the substantial meaning of the content. Any significant omissions will be clearly indicated (e.g., with "[...]").

Aggregate Analysis

The Company may use third-party reviews to create aggregate analyses or statistics (e.g., "90% of reviews on Trustpilot rate our service as excellent"). Such analyses represent the Company's interpretation of publicly available data.

Limitation of Liability for Third-Party Reviews

Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to third-party reviews displayed on the Service, regardless of whether such damages were foreseeable and whether or not the Company was advised of the possibility of such damages.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at copyright@electe.net and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at copyright@electe.net. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

Ownership of Service and Content

The Service and its original content (excluding Content provided by You or other users), features, functionality, methodology, algorithms, processes, know-how, trade secrets, and all related intellectual property are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, patent, trade secret, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

IP Rights Definition and Ownership

You acknowledge that all intellectual property rights, including, without limitation, patents, copyrights, trademarks, trade secrets, methodologies, algorithms, processes, know-how, and all other proprietary rights, in the Apps and the Services are owned by Electe (collectively, the "IP Rights").

Your possession, access to, and use of software, in both source and binary form, sample code, APIs, SDKs, associated documentation, and other related material (collectively, "Software Content") that may be available for download on certain portions of the Apps do not transfer to you or any third party any right, title, or interest in such IP Rights.

Electe reserves all rights not granted in these Terms. In addition, except for User Content (defined below), Electe retains complete and exclusive title to all content on the Services, including any downloadable software and all accompanying data.

Limited License to Use

Your right to use the Services and any content that appears or is made available through the Services is subject to your compliance with these Terms. Modification or use of content on the Services for any purpose not permitted by these Terms may constitute a violation of IP Rights protected by law and these Terms and is prohibited.

You are prohibited from using the IP Rights except as specifically permitted in these Terms or in a separate written agreement between You and the Company. Subject to these Terms, Electe grants you a limited, non-exclusive, non-transferable license to download, copy, install, and use the authorized portions of the Services (including the Apps) on your device (e.g., computer, smart device, etc.).

Restrictions on Use

You may not use the content of the Services in any other public or commercial manner, nor may you copy or incorporate any content of the Services into any other work, including your own website, without Electe's prior written consent. You must have a resale or distribution license from us before you may copy or redistribute any part of the Services. Any permission to copy content granted by us in any part of the Services for any reason is subject to the maintenance intact of all copyright and other proprietary notices. You shall not copy, modify, or in any way reproduce or damage the structure or presentation of the Services or any content therein.

In addition, modifying, translating, adapting or otherwise creating derivative works and improvements, decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software in connection with the Services into a readable form for the purpose of examining the source code or construction of such software and/or copying or creating other products based (in whole or in part) on such software is prohibited.

Custom Solutions and Deliverables

For any custom solutions, deliverables, or services provided under a separate contract that incorporates these Terms by reference, the ownership of intellectual property rights shall be governed by the provisions in that specific contract. In the absence of specific provisions regarding intellectual property rights in the custom contract, the intellectual property created or developed by the Company during the provision of such custom services shall remain the exclusive property of the Company, with a license granted to the client as specified in the contract.

Open Source Software

Certain portions of independent third-party code may be included in the Web Apps and/or Mobile Apps and are subject to the GNU General Public License ("GPL") or other open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license accompanying such Open Source Software. Nothing in these Terms limits your rights under, or grants rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.

In particular, nothing in these Terms limits your right to copy, modify and distribute such Open Source Software subject to the terms of the GPL.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Invited submissions

From time to time, certain areas of the Services may expressly require you to submit concepts, stories or other potential content ("Invitation Submissions"). If so, please read carefully any specific rules or other terms and conditions that appear elsewhere on the Services to govern such submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern such Submissions, then these Terms will apply in full to any Invitation Submissions made by you. IN ANY EVENT, ANY MATERIAL SENT TO US WILL NOT BE TREATED AS CONFIDENTIAL.

Usage Restrictions

While using our service, you may make connections between our application, third-party hardware devices, our Service and/or third-party services. You agree not to connect hardware devices or third-party services to the Services in a way that could be dangerous to any person or that could cause damage or loss of property.

Use of the Services is subject to the following additional restrictions. You may not use the Services or interact with them in any way that:

  • Infringe intellectual property rights or any other right of anyone else, including but not limited to the right of publicity or privacy;
  • Violate any laws or regulations;
  • Being harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
  • Jeopardize the security of your account or anyone else's;
  • Attempt, in any way, to obtain the password, account or other security information from any other user;
  • Breach the security of any computer network or crack any password or security encryption code or otherwise embed any disabling code designed to allow improper use, access, deletion, or modification of software or hardware programs or systems or to improperly disable, disable, damage, or shut down such programs or systems;
  • Sending, creating, or responding to so-called "email bombing" (e.g., sending copies of a single message to many users or sending large or multiple files or messages to a single user with malicious intent) or engaging in "spamming" (e.g., sending unsolicited email for commercial or other purposes);
  • "Crawl," "download," or "spy on" any page or portion of the Services (through manual or automated means);
  • Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material;
  • Copy or archive a significant portion of the content;
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; or
  • Engage in any other activity that may adversely affect the operation or enjoyment of the Services by any other person, including the placement of malware on the Services.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE.

"AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

Governing Law and Contract Integration

Governing Law

The laws of the Country (Italy), excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Contract Integration

These Terms constitute the base terms for use of the Service and may be incorporated by reference into specific contracts between the Company and its clients or users. Where these Terms are incorporated into a separate contract:

  • In case of conflict between the provisions of these Terms and the provisions of the specific contract, the provisions of the specific contract shall prevail.
  • References to these Terms in any contract shall be deemed to refer to the version of the Terms in effect at the time of contract execution, unless otherwise specified in the contract.
  • Any waivers or modifications to these Terms are only valid if expressly agreed upon in writing in the specific contract.
  • The specific contract may extend, but not reduce, the protections, indemnities, and limitations of liability set forth in these Terms in favor of the Company.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution to facilitate out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Germany: Procedure for resolving disputes with Consumers before a conciliation body

The company does not participate in alternative dispute resolution procedures with Consumers under the German Verbraucherstreitbeilegungsgesetz.

France: mediation

Within one year after sending the Holder a written complaint regarding a dispute arising from these Terms, the Consumer has the right to initiate a mediation procedure before:

  • To an institution recognized by the French government. The relevant list can be accessed at: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.

UK consumers

Consumers based in England and Wales may bring an action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland may bring an action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring an action in relation to these Terms in the courts of Northern Ireland or England.

US users

Each party expressly waives any right to a jury trial in any court in connection with any action or dispute.

Any claim under these Terms must be brought individually and no party shall participate in any class action or other proceeding with or on behalf of any other party.

Postcontractual effectiveness

This Agreement shall remain in effect until terminated by this Web Site or the User. Following termination, the provisions contained in these Terms, which by their nature are intended to survive termination or expiration of the Agreement, shall remain in effect, including but not limited to the following:

  • User's licensing under these Terms resists indefinitely;
  • User's indemnification obligation endures for a period of five years from the date of termination;
  • the disclaimers and warranties of and covenants in the section on indemnity and limitations of liability shall survive indefinitely.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Any such modifications will be effective immediately upon posting the updated Terms on our website.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

For clients with existing contracts or agreements that incorporate these Terms by reference, any material changes to these Terms will be communicated via email at least 30 days before they become effective.

Unless otherwise specified in your individual contract, your continued use of the Service after such notification constitutes acceptance of the modified Terms. In case of conflict between the provisions of an individual contract and these Terms, the provisions of the individual contract shall prevail.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@electe.net

By visiting this page on our website: https://www.electe.net/contatti