Terms and Conditions

GENERAL TERMS OF USING “Tabletize” PLATFORM 

Prerequisites

  1. AppFactory s.r.l. (VAT 02115600997) based in Genoa, Piazza della Vittoria 15/34 (AppFactory), is a company active in the web industry and is the developer and owner of the web platform called Tabletize (the Platform), of which at www.tabletize.com (the Site).
  2. The Platform, which can be accessed through a secure area of ​​the Site and better described in the public pages of the Site, consists basically of a web-based software developed in full and exclusive property of AppFactory.
  3. The user, commercial or private, signing a contract, of which this document is an integral part, with AppFactory through the methods described below (the Customer) intends to acquire permission to use the platform for a given period of time to conditions indicated below;

such circumstances, the Customer agrees to the following general terms and conditions of use of the Platform (General Terms).

1. Parties and Conclusion of the Contract

1.1 Parties of the contract for the use of the platform, referred to in these Terms and Conditions are AppFactory and the Customer.

1.2 The contract for the use of the platform ends by correctly filling by the Customer of the application form and the consensus expressed by the accession sent online or by filling out the form / form provided on the Site The customer then expresses its willingness to conclude the Agreement by registering through the registration page of the Site and accepting – virtual pressure of the button – for quotation and / or order of AppFactory standard or generated by the Site according to the options selected by the customer (the Order).

1.3. The moment Appfactory receives the Order from the Customer, it provides the sending of an e-mail confirmation or viewing a web page confirmation and order summary, printable, which are also shown in the recalled data point previous year.

1.4. The contract is deemed not effective between the parties at fault as indicated in the previous paragraph.

2. Purpose of the Contract

2.1 By signing the Contract AppFactory grant, upon payment of a certain monthly fee, a limited, revocable and non-exclusive license to use the Platform in accordance with the terms and conditions described in the the Site and in General Conditions. The capabilities of the platform, best described in the Site, will allow the customer to acquire a software tool for the development of web based native application to the mobile circuits (App of the Customer), which may be published on the Site and / or placed on the market app for sale to third parties with the support of AppFactory as described on the website and selected by the customer (Mode of Publication).

3. Description of the process of Registration and Acceptance by the Customer

3.1 The contract between the customer and Appfactory ends exclusively by the Client’s access to the Website, where, following the procedures outlined, the customer will come to formalize the proposal for the purchase of the services referred to in point 2.1 of the previous article by subscribing paid by credit card.

4. Fee

4.1 The range of services suggested and described in the Site, with the relative prices (Fees), and these Terms and Conditions are to all intents and purposes a public offer pursuant to art. 1336 c.c.

4.2 Fees referred to the preceding paragraph, are not inclusive of VAT. All prices indicated for each of the services offered to the public shall be valid until the date indicated in the catalog.

4.3 Each payment by Customer may be made only by means of one of the methods indicated in AppFactory web page or through online subscription paid by credit card.

Following the payment of the Fee, AppFactory will send an invoice in electronic format.

4.4 If the customer makes purchases of services and / or packages of services after the first purchase and / or during the term of the contract agreed upon, the payment method will be automatically recognized by the system as agreed earlier.

4.5 AppFactory assumes no responsibility for inefficiency occurred due to force majeure, in the case fails to execute the order within the time stipulated in the contract or comes to rest in the position of not being able to provide the service in whole or in part as promised .

AppFactory not be liable to the Customer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of Internet outside of its control or its sub-contractors.

AppFactory will not be liable for any damages, losses and costs incurred by the Customer as a result of failure to perform the contract for reasons not attributable to him.

AppFactory assumes no responsibility for any fraudulent or illegal use that may be made ​​by third parties, credit cards, and general data, upon payment of the services purchased.

4.6 AppFactory, at the time of contract renewal, you can make subtle adjustments to the Fee and / or the services provided if such amendments were made ​​necessary for technical reasons and / or market conditions not attributable to AppFactory.

5. Bonds and statements of the Parties

5.1 The Customer agrees to pay the Fee in the time and manner specified in the contract and to communicate to AppFactory all the data necessary to make possible the proper performance of the service.

The Customer undertakes, once the purchase process online, in print and provide for the conservation and the Order of  General Terms.

Information contained in this contract were, however, already examined and accepted by the Customer, which shall act, as this step is mandatory before purchase confirmation.

The customer is liable in respect of the adequacy of its technological systems, and undertakes to use the platform as appropriate and consistent with the purposes thereof.

5.2 Without prejudice to the foregoing, the Customer is solely responsible for the content of the Client app and all processed data through the use of the platform, or even uploaded to the Site (Developed Apps and Data) and warrant that (i) Develop App and data have not been and will not be harmful to the rights of third parties in terms of, for example but not limited to personal data privacy, intellectual property or other, and that the App Developed and data are and will comply with all applicable regulations with particular reference to the provisions for the protection of consumers.

Customer agrees to hold harmless and indemnify AppFactory in respect of any damages or loss suffered by AppFactory for breach of these warranties.

5.3 Customer’s right to use the Platform is personal. Customer is not authorized to sublicense or to make use of the platform to third parties, even if they were provided to the client multiple credentials Platform.

6. Intellectual and Industrial Property Rights

6.1 AppFactory is the exclusive owner of the Website and the Platform; all rights of industrial and intellectual property are and will remain the exclusive property of AppFactory.

6.2 The Customer authorizes AppFactory to use their brands to the publication of the same on the website page dedicated to customers of AppFactory through which AppFactory shall have the right, if deemed appropriate, to indicate the Appfactory customer between customers and show them on the site.

6.3 Customer warrants that the use of such marks will not infringe rights of third parties.

6.4 Reproduction, distribution or transmission to third parties of the Platform or any component thereof, including the programming code, source code and all graphics is expressly prohibited.

6.5 Any reproduction, modification, creation of derivative works, retransmission or redistribution of the platform or parts or components of it is expressly prohibited and will result in severe civil and criminal penalties. The platform, its structure, sequence, organization and source code are considered trade secrets of AppFactory and are therefore protected by law.

6.6 Reproduction and / or copy of the platform is strictly prohibited. The customer may not carry out any operation time to exercise even just trying to get the source code and / or programming codes related to the platform AppFactory.

7. Stopping the service and maintenance of the Platform

7.1 AppFactory can arbitrarily cancel and / or suspend the service access Platform if:

  1. occur of default with respect to payment of the Consideration or even just part of it with respect to the agreed terms;
  2. occur violations of Articles 5 and / or 6 above and / or
  3. occur unauthorized access and / or do not comply with the Platform by the Client and / or by the credentials of the Customer and / or

7.2 In cases it becomes necessary, AppFactory may terminate your use of the Service, or access to a restricted area of ​​the platform in order to perform maintenance of the system became necessary. If you experience a system crash during the use phase will be edited by AppFactory restore the service as soon as possible. AppFactory in any event not be liable for any damages whatsoever resulting from loss of data and / or files to work to the customer.

8. Duration and Termination Clause Expressed

8.1 The Contract has a monthly period from the date of the first payment of the Fee and will automatically renew each month except for the termination by either Party to be sent within 90 days prior to expiration of each contract by letter electronically.

8.2 Within thirty days prior to each contractual maturity AppFactory will send to the Customer a written notice which will indicate the date of expiry of contract (Contract Expiration). The Notice of Expiration will also include the amount of the Fee payable for the renewal of the Contract.

8.3 The payment of the Fee for the renewal of the Agreement, will automatically run with the arrangements for the previous payment. In the event of non-payment of the Fee for renewal within 7 days from the date of termination of this Agreement access to the platform will be discontinued.

8.4 Parties expressly agree that this Agreement resolves to right in the following cases:

8.4.1 occur of default with respect to payment of the Fee or even just part of it with respect to the agreed terms and / or

8.4.2 occur violations of Articles 5 and / or 6 above and / or

8.4.3 occur unauthorized access and / or do not comply with the Platform by the Client and / or by the credentials of the customer

and the defaulting Party fails to remedy the breach of contract within ten (10) days from the notice to comply transmitted by the non-defaulting party to the defaulting party.

8.5 In the event of non-renewal or termination of the Contract, AppFactory will not be held in any way to preserve, restore, preserve and / or distribute the App Developed and data relating to the customer.

9. Right of Withdrawal in favor of the Consumer only

If and only if the Customer is a consumer, and therefore one of the persons protected by the provisions of the Consumer Code (Legislative Decree no. 206/2005) shall be entitled to terminate the contract without any penalty and without specifying the reason, within 14 working days following the date of conclusion of the contract. The right of withdrawal is in any case less if the customer has accepted that AppFactory give immediate start to deliver the service, or at least before 14 days have elapsed since the conclusion of the contract.

If the Customer decides to exercise the right of withdrawal, must notify the seller within that period.

AppFactory will refund for free the entire amount paid by the Customer within 30 (thirty) days of receipt of notice of withdrawal. With the receipt of the notice by which the Customer communicates the exercise of the right of withdrawal, the Parties are dissolved by mutual obligations.

10. Privacy

10.1.  All confidential information disclosed by a party to the other shall at all times, both during and after the License Term, be treated by the other Party with the full and utmost confidentiality and the Receiving Party shall not disclose or permit the disclosure of even partial confidential information to any other person, firm or corporation, without the prior written consent of the Party which issued it.

10.2. Confidentiality obligations hereunder shall not apply to confidential information that a Party is required to disclose by law or at the request of a competent authority, but only to the extent required. The Party to whom such disclosure is required, however, is required to inform as soon as possible to the other Party in writing of any request to provide confidential information and, where possible, with at least seven (7) days notice prior to disclosure.

11. Limitation of Liability

No Party shall be liable to the other for damages consisting of lost profits, failure to obtain higher earnings and / or failure to achieve greater market share. The liability of a Party to the other shall, therefore, be limited to the actual loss suffered and will not include ever lost profits, or consequential damages arising out of any breach of the Contract.

12. Privacy

AppFactory protects the privacy of its customers and ensures that the processing of the data is in accordance with the provisions of the privacy regulations of Legislative Decree no. 30 June 2003, n. 1962.

Personal data collected directly and / or through third parties by AppFactory, the data controller, are collected and processed in printed, computing and telematic, in relation to the treatment modality with the aim to register the order and activate the procedures for the execution of this contract and the necessary communications, as well as the fulfillment of any legal obligations, as well as for the effective handing of business relations to the extent necessary to perform the best service requested (Article 24, paragraph 1, lett. b, Legislative Decree no. 196/2003).

AppFactory undertakes to treat as confidential data and information provided by each customer, and not to disclose it to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. This information may be disclosed only upon request of a judicial or other authority authorized by law.

Personal data will be disclosed after signing an undertaking of confidentiality of data, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.

The Customer has the rights referred to Art. 7 of Legislative Decree no. 196/2003, and that is the right to obtain: a) updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification that the operations in letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or distributed, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data, pertinent for collection purposes; ii) the processing of personal data concerning him for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.

The communication of personal data by the Customer is a necessary condition for the proper and timely execution of this contract. Failing that, can not be given on the request of the Customer. In any case, the data collected will be kept for a period of time no longer than necessary for the purposes for which they were collected or subsequently processed. Their removal will take place in a secure manner.

Owner of the collection and processing of personal data is AppFactory, to which the Customer may direct at the corporate office, every request.

Any communications sent to the email (even electronic) of AppFactory (requests, suggestions, ideas, information, materials, etc..) Will not be considered information or data of a confidential nature, shall not violate the rights of others and must contain valid information, not violate the rights of others and true, in any case can not be attributed to AppFactory no responsibility for the content of the messages themselves.

13. Storage mode of the Contract

Pursuant to art. 12 of Legislative Decree no. 70/2003, AppFactory informs the customer that every order is sent is stored in digital form on the server AppFactory according to criteria of confidentiality and security required by applicable laws.

14. Various

14.1 The Customer may not assign any of its rights, interests and obligations under this Agreement without the prior written consent of AppFactory.

14.2 No waiver by either Party to enforce any provision of this Agreement shall be construed as a waiver of any other provision is similar is of a different nature.

14.3 Should one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the remaining provisions shall remain in full force and effect.

14.4 The Parties undertake to sign all papers and documents, to take all actions and to do whatever else may be necessary to implement the purposes of this Agreement, provided that the provisions of such further instruments and documents will not produce any effect agreements under this Agreement, which shall continue to be fully valid and enforceable between the parties.

15. Applicable Law and Jurisdiction

15.1 The Agreement is governed by Italian law.

15.2 The Parties agree to remit to the exclusive jurisdiction of the Courts of Genoa any dispute that may arise in connection with the Agreement and / or the Platform.