Terms and Conditions of Use

1. Definitions

To allow a full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, have the meaning indicated below:

• Controller: Nesso Labs s.r.l., with registered office at Via Carlo Cattaneo 3, 25121 Brescia, VAT number / Tax code 04754860981, fully paid-up share capital €10,000.00, certified e-mail (PEC) address: [email protected].
• Application: the website and the application https://nessodigitale.it.
• User: any party who accesses and uses the Application.
• Conditions: this contract governing the relations between the Controller and the Users.

2. Scope of the Conditions

Use of the Application implies the User's acceptance of the Conditions. Should the User not intend to accept the Conditions and/or any other note, legal notice or policy published or referred to herein, they may not use the Application or its services.

The Conditions may be amended at any time. Any changes take effect from the moment they are published on the Application.

Before using the Application, the User must read the Conditions carefully and save or print them for future reference.

The Controller reserves the right to change, at its own discretion and at any time even after the User's registration, the graphical interface of the Application, the Content and its organisation, as well as any other aspect that characterises the functionality and management of the Application, providing the User, where necessary, with the relevant instructions.

3. Registration

To use the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and by fully accepting the Privacy Policy and the Conditions.

The User is responsible for safeguarding their access credentials, which must be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them secret, to ensure that no third party has access to them, and to inform the Controller immediately if they suspect or become aware of any misuse or improper disclosure of them.

The User warrants that the personal information provided during registration is complete and truthful and undertakes to hold the Controller harmless and indemnified from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the User's breach of the rules on registration with the Application or on the safekeeping of the registration credentials.

4. Account deletion and closure

The registered User may stop using the Application at any time and deactivate their account or request its deletion through the Application's interface, where possible, or by sending a written communication to the e-mail address [email protected].

In the event of a breach by the User of the Conditions or of applicable legal provisions, the Controller reserves the right to suspend or close the User's account at any time and without notice.

5. Industrial and Intellectual Property Rights

All Content of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations, is protected by copyright law and by trademark protection law.

The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Controller to publish them on the Application. Save for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Content without the specific authorisation of the Controller.

6. Exclusion of warranty

The Application is provided "as is" and "as available" and the Controller gives no express or implied warranty in relation to the Application, nor that it will meet the Users' needs or that it will never be interrupted or be free of errors, viruses or bugs.

The Controller will endeavour to ensure that the Application is available without interruption 24 hours a day, but may in no way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period.

7. Limitation of Liability

Except in the case of wilful misconduct or gross negligence, the Controller may not be held liable towards the User for disruptions or malfunctions connected to the use of the internet network beyond its own control or that of its suppliers.

The Controller will also not be liable for damages, losses or costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to it.

In no case may the Controller be held liable for an amount greater than twice the cost paid by the User.

8. Force majeure

The Controller may not be held responsible for the failure to perform or the delayed performance of its obligations due to circumstances beyond its control arising from events of force majeure or otherwise unforeseen and unforeseeable.

9. Links to third-party sites

The Application may contain links to third-party sites or applications. The Controller exercises no control over them and is in no way responsible for the content of these sites or applications.

10. Privacy

The protection and processing of personal data is carried out in accordance with the Privacy Policy available on the Privacy Policy page.

11. Applicable law and competent court

The Conditions are subject to Italian law.

For Professional users, the competent court is that of the place where the Controller has its registered office.

For Consumer Users, jurisdiction lies with the court of the place of residence or domicile of the User, if located in Italy.

12. Online dispute resolution for Consumer Users

Consumer Users resident in Europe should be aware that the European Commission has set up an online platform for the alternative resolution of disputes, available on the European Commission ODR platform.