1 Additional conditions.
Services and Software are licensed, not sold to you, and may also be subject to one or more of the Additional Terms below ("Additional Terms"). In the event of a conflict between the General Conditions of this contract and the Additional Conditions, these prevail in relation to the Service or the Software in question. Additional Terms are subject to change.
2.1 Information on using the desktop application. The user has the option to share information with SgneepBox on how to use our desktop applications. Where permitted by law, this option is enabled by default and the information is associated with the user's SgneepBox account. This information allows us to provide the user with a more personalized experience, as well as allowing us to improve the characteristics and quality of the products. The user can change their preferences at any time on the Sgneep Account Management page.
2.2 Sgneep access to user content. Where permitted by law, SgneepBox will access, display or listen to user content (defined in section 4.1 below) only in limited ways. For example, to provide the Services, SgneepBox may need to access, view or listen to your Personal Content to (a) respond to requests for assistance, (b) detect, prevent or otherwise deal with fraud, abuse and security or technical problems; and (c) apply measures to enforce these Terms. The SgneepBox automated systems will be able to analyze the user's Personal Content using techniques such as machine learning. This analysis may occur when the Content is sent, received or stored. Starting from this analysis, SgneepBox is able to improve the Services.
3. Use of the Services and Software.
3.1 License. You may access the Services and the Software and use them in accordance with these Terms and applicable laws.
3.2 Intellectual property of Sgneep. Sgneep and its licensees remain the exclusive owners of any right, title and interest relating to the Services or Software. With the exception of what is stated in these Conditions, Sgneep does not guarantee any rights to patents, copyrights, trade secrets, trademarks or other rights relating to the elements contained in the Services and Software. Sgneep reserves all rights not granted as a result of these Conditions.
3.3 Archiving. When the Services include archiving, it is also advisable for the User to continue to regularly backup their Content on other media. Sgneep may impose reasonable technical limits on file size, storage space, processing capacity or otherwise. Sgneep may suspend the Services until the user has returned within the storage space limit associated with his account. At the end of the period of validity of the license, Sgneep will do what is commercially reasonable to allow the transition of the User Content outside the Services. The transition must be completed within 30 days of the termination or expiration of the validity of the license. At the end of this 30-day transition period, Sgneep reserves the right to delete all User Content.
3.4 User generated content. We can host content generated by our users. By accessing the Services, the User can come into contact with user-generated content that may be considered offensive or annoying. The only remedy is not to display the content. To report the offensive content generated by the user, you can click on the "Report" button, if available.
3.5 Sample files. " Sample file " indicates the files supplied by Sgneep as images of content, clip art, images or sounds to be used in exercises, demonstrations and for other test purposes, which can be identified as a sample file. Sample files cannot be used for purposes other than those for which they were provided. The user cannot distribute sample files separately (for example in circumstances where the sample files constitute the main value of the product being distributed) and cannot claim any rights to the sample files.
3.6 Content files. " Content files " means Sgneep resources provided as part of the Services and Software. Unless the documentation or specific licenses state otherwise, Sgneep grants you a non-exclusive, non-transferable, non-transferable personal license to use the content files to create your end use (ie, the derivative application or the product authorized by the user) in which content files, or derivations thereof, are incorporated for the user's use ("End Use"). The user can modify the content files before incorporating them into the final use. The user can reproduce and distribute the Content Files only in connection with his own End Use, however, the user cannot under any circumstances distribute the Content Files on an independent basis, outside of the final use.
3.7 Other license types.
(a) Version not for resale . Sgneep may designate the Services or the Software, "evaluation", "not for resale" or classify them in a similar manner ( "Version not for resale" ). The Version not for resale can be installed and used only for the period and for the purposes indicated by Sgneep at the time of making available the Version not for resale. The User shall not use any material produced with the Version not for resale for any commercial purpose.
(b) Preliminary version . Sgneep may designate the Software or Services, or a functionality of the Software or Services, as a preliminary or beta version (" Preliminary Version "). A Preliminary Version does not represent the final product and may contain bugs that can cause system or other failures and data loss. Sgneep may decide not to commercially distribute the Preliminary Version. At the request of Sgneep, or in the event of distribution of a commercial version of the preliminary version, the user must immediately stop using the preliminary version and destroy all copies. Any separate contracts stipulated with the user governing the preliminary version replace these provisions.
(c) Educational version . If the Software or Services are designated as educational use ( "Educational version" ), use is possible only if the eligibility requirements are met, indicated at http://www.Sgneep.com/go/primary- secondary-institution-eligibility-guidelines_it . The user can install and use the Educational version only in the country where he is qualified as an educational user. For users residing in the European Economic Area, the word "Country" in the previous sentence means the European Economic Area.
4. Personal user content.
4.1 Contents. " Content " means any material, such as audio files, video files, electronic documents or images, which the user uploads and imports into the Services or the Software in relation to the use of the Services.
4.2 Ownership. The user retains all rights to his own Content and retains ownership of it. Sgneep does not claim any ownership rights in the User Content.
4.3 License to use the User's Personal Content for the use of the Services and the Software. Sgneep may request the User some licenses relating to Content for the activation and use of the Services and the Software. When the user uploads Content on the Services and on the Software, he grants Sgneep the non-exclusive, worldwide, royalty-free license, transferable to third parties and transferable to use, reproduce, publicly display, distribute, modify (for example to better promote User Content), publicly perform and translate such Content to the extent necessary to respond to actions performed by the user himself (for example when he decides to privately memorize the Contents or share them with others). This license is for the exclusive purpose of executing and improving the Services and the Software.
4.4 Sharing the User's Personal Content.
(a) Sharing . Some Services and Software may offer the user features of Sharing Personal Content with other users or the possibility of making them public. "Share" means to send via e-mail, publish, transmit, upload or make available content in other ways (to Sgneep or to other users) through the use of the Services and the Software. Other users may use, copy, modify or share User Content in various ways. The user is kindly requested to carefully evaluate what he decides to share or make public, since he is entirely responsible for shared content.
(b) Access level . Sgneep does not monitor or control the use of the User's Personal Content by third parties. The user assumes the responsibility to establish the limits of his own Content and to apply the correct level of access to it. If the User does not choose an access level to apply to his Personal Content, the system can set the most permissive level as the default. It is the User's responsibility to communicate to other users how the Contents may be shared, as well as to change the settings regarding access to such Content and its sharing.
(c) Comments. Services and Software may allow the user to comment on the Content. Comments are not anonymous and can be viewed by other users. User comments can be deleted by the user himself, by other users or by Sgneep.
4.5 Termination of the license agreement. The User can revoke the license relating to its own Content and suspend the rights of SgneepBox at any time by removing the Contents from the Service. Some copies of the Content may, however, be kept following routine backups performed by SgneepBox.
4.6 Feedback. The user is not obliged to provide SgneepBox with ideas, suggestions or proposals ( "Feedback" ). However, by sending a Feedback, the latter grants SgneepBox the non-exclusive, worldwide, royalty-free license, transferable to third parties and transferable, to create, use, sell, carry out, offer for sale, import, reproduce, publicly display , distribute, modify and publicly perform such Feedback.
5. Account information.
You are responsible for all activities that take place via your account. Please inform Customer Service immediately if you become aware of unauthorized use of your account. You may not (a) share your account information (with anyone other than an authorized account administrator) or (b) use another person's account. The account administrator can use the account data to manage the User's activities and access to the Services and Software. For PhoneGap, SgneepBox reserves the right to monitor and enforce limits and / or restrictions on subscription plans, including, but not limited to, the right to charge for exceeding the usage limits.
6. User behavior.
6.1 Responsible use. SgneepBox communities are often made up of users who expect a certain degree of courtesy and professionalism. The user must use the Services and the Software in a responsible manner.
6.2 Improper use. Improper use of the Services or Software is not permitted. For example, it is strictly prohibited:
(a) copy, modify, host, transmit, sublicense or resell the Services or the Software;
(b) enable or allow others to use the Services or the Software using your account data;
(c) use the Software to create any type of database;
(d) access or attempt to access the Services or the Software using means other than the interface provided or authorized by SgneepBox;
(e) circumvent the access or use limits established to prevent certain uses of the Services or Software;
(f) share Content or behave in ways that violate intellectual property rights (" Intellectual Property Rights " means copyright, moral rights, trademarks, trade dress, patents, trade secrets, unfair competition, right to privacy, right of advertising and any other property rights);
(g) upload or share any illegal, dangerous, threatening, offensive, unlawful, defamatory, libelous, vulgar, obscene, blasphemous, detrimental to the privacy of others or instigating hatred;
(h) pretending to be a natural or legal person, making false statements about one's relationship with a natural or legal person or otherwise giving it a misrepresentation;
(i) attempt to disable, alter or destroy Services and Software;
(j) upload, transmit, store or make available any Content or code that contains viruses, malicious codes, malware or components designed to damage or limit the functionality of the Services or Software;
(k) interrupt or prevent the use of the Services or of the Software by other users, or interfere with it (for example with stalking, intimidation and harassment, or inciting others to commit acts of violence or harm minors);
(l) send chain letters, junk mail, pyramid schemes, phishing, spam or other unsolicited messages;
(m) advertise an advertisement of products or services through the Services except with the prior written consent of SgneepBox;
(n) use data mining tools or other similar methods of collecting and extracting data in relation to the Services; or
(o) violate applicable laws (including, but not limited to, where applicable, COPPA).
7. Competences and payment.
7.1 Third-party taxes and duties . The User is required to pay any applicable third-party taxes and fees (including, for example, fixed and mobile telephone costs, ISP fees, data plan fees, credit card fees, commissions for currency exchange and commissions for foreign transactions). SgneepBox is not responsible for these skills. For questions regarding skills, contact your financial institution. SgneepBox will be able to take measures to collect the duties due. The user will be responsible for all costs and all costs related to the recovery of the credit. If the user is in a country other than that of the relevant SgneepBox legal entity with which he conducts transactions (ie, SgneepBox for customers in North America and SgnepBox Systems Software Ireland Limited for customers in all other countries), payments will be made to a foreign legal entity.
7.2 Credit card data. If the user does not communicate any updates to the payment method, to avoid interrupting the services, SgneepBox will be able to participate in programs supported by the credit card provider to try to update the payment data; the User authorizes SgneepBox to invoice with the updated information obtained.
8. Guarantee and compensation obligations.
8.1 Warranty. By uploading Personal Content to the Services or the Software, the User declares to have: (a) all the necessary licenses and authorizations for the use and Sharing of Personal Content and (b) the rights necessary to grant the licenses provided by these Conditions.
8.2 Compensation. You will indemnify SgneepBox and its subsidiaries, branches, officers, agents, employees, partners and licensees in the event of claims, claims, losses or damages, including reasonable legal fees, connected to your personal Content, your use of the Services or Software or violation of these Terms.
9. Warranty exclusions.
9.1 Unless stated in the Additional Terms, the Services and the Software are provided "AS IS". To the fullest extent permitted by law, SgneepBox disclaims all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose. Sgneep does not assume any commitment regarding the contents included in the Services. Furthermore, it does not recognize any guarantee that (a) the Services or the Software will satisfy the user's needs or are constantly available, punctual, safe, free from errors or interruptions; (b) the results obtainable following the use of the Services or the Software are effective, accurate or reliable; (c) the quality of the Services or Software meets the user's expectations; or that (d) any errors or defects in the Services or Software will be corrected;
9.2 SgneepBox expressly excludes any liability in the event of actions deriving from the use of any Service or Software. You may use the Services or the Software and access them, at your own discretion and at your own risk, and assume the sole responsibility for any damage to your computer system or for loss of data resulting from the use of the Services or the Software or from the access to them.
9.3 If the User publishes his Content on Sgneep's servers to share it publicly through the Services, Sgneep will not be responsible for: (a) any loss, corruption or damage to such Content; (b) the cancellation of the Content by persons other than Sgneep; or (c) the inclusion of such Content by third parties on other websites or other media.
10. Limitation of Liability.
10.1 Unless stated in the Additional Terms, Sgneep is not responsible to the User or third parties for loss of use, data, goodwill, profit, foreseeable or not and any incidental, indirect, consequential or punitive damages of any type, regardless of its predictability; and special, incidental, indirect, consequential or punitive damages of any kind (even if it was made aware of the possibility of such damages occurring), including appraisers or damages (a ) resulting from loss of profits, use or data, regardless of relative predictability, (b) based on any presumptions of liability, including breach of contract or warranty, negligence or other unlawful actions, or (c) arising from any other claim resulting from, or in connection with, use of the Services or the Software or access to them. Nothing in these Terms limits or excludes Sgneep's liability for gross negligence, for intentional misconduct (by Sgneep or its employees) or for death or personal injury.
10.2 The total liability of SgneepBox in any matter arising from these Conditions or related to them is limited to 100 USD or to the total amount paid by the user for access to the Service and to the Software in the three months preceding the event which gave rise to to responsibility, whichever is greater. This limitation applies regardless of the form or source of the claim or damages, regardless of whether the claim or the losses were foreseeable, and regardless of whether a party was advised of the possibility of the claim or losses.
10.3 The limitations and exclusions in this Article 10 apply to the maximum extent permitted by law.
11.1 Resolution by the User. You may stop using the Software or Services at any time. Closing the account does not release the user from the obligation to pay pending costs.
11.2 Resolution by SgneepBox. In case of violation of the Conditions or of the use of the Services for reasons other than just cause, SgneepBox will undertake, as far as possible, to communicate to the User at least 30 days before the conclusion, to the e-mail address provided by the User, the instructions regarding the method of recovery of the Contents of his property. Unless stated in the Additional Terms, SgneepBox may suspend, at any time, the right to use and access the Services or Software if:
(a) you violate a provision of these Terms (or act in a way that clearly indicates that you do not intend or are unable to comply with these Terms);
(b) the user fails to promptly cover the costs of the Software or Services, if any;
(c) the User materially violates any provision of these Terms and (i) the breach cannot be corrected; or (ii) SgneepBox will notify the user of the violation and the user will not be able to correct it within 14 days of notification;
(d) the user physically, verbally or by other means abuses, threatens, intimidates or harasses SgneepBox or our staff (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);
(e) the user has repeatedly submitted claims in bad faith or without a reasonable basis and continues to do so after being asked to interrupt (in such circumstances, SgneepBox may alternatively suspend or bind the User's access to the Services or to the Software);
(f) SgneepBox is obliged to do so by law (for example, in the event that the provision of the Services or Software to the User is, or becomes, illegal);
(g) SgneepBox decides to cease the Services or the Software, in whole or in part (for example, if it is not possible to continue to offer the Services in the user's region due to changes to the laws in force); or
(h) an extended period of inactivity of the user's free account has elapsed.
11.3 Resolution by the group administrator. Group administrators for the Services, such as "M2M Cloud Server", can terminate access to a Service by the user at any time. Closing the access by the group administrator prevents the user from accessing the Content shared by him or other users in a shared work area within the Service.
11.4 Survival. Upon expiration or termination of these Terms, some or all of the Services or the Software may cease to function without notice. However, any perpetual licenses held by the user will remain fully valid and effective. Your indemnification obligations, our warranty exclusions or limitations of liability and the provisions for the settlement of disputes contained in these Conditions will remain valid.
12.1 Sorting. SgneepBox does not examine all the content uploaded on the Services or on the Software, but can use the technologies, suppliers or procedures available to identify certain types of illegal content (for example, child pornography) or other material and unlawful behavior (for example, models of activities indicating unwanted mail or phishing, or keywords indicating that contents that are forbidden to minors have been published outside the area reserved for adults).
12.2 Disclosure. SgneepBox can access information relating to the user or its use of the Services or the Software and disclose it (a) when required by law (for example in the presence of a valid citation or search warrant); (b) to respond to customer service requests; or (c) if it believes, at its discretion, that this is necessary to protect the rights, property or personal safety of the company, users or the public.
13. Commercial control laws.
The Software, Services and use of the Software, Services by the user are subject to any US and international laws, limitations and regulations governing the import, export and use of the Software and Services. The user undertakes to comply fully with these laws, limitations and regulations.
14. Australian consumer protection law.
Nothing in these Terms is intended to exclude, limit or modify consumers' rights under the Competition and Consumer Act 2010 (Cth) ( CCA ) or any other legislation that cannot be excluded, limited or modified by agreement. If the CCA or any other legislation implies a condition, guarantee or term in the Conditions or provides statutory guarantees in relation to the Conditions, in relation to goods or services provided (if any), the responsibility of SgneepBox for violation of this condition, warranty, others terms or guarantees are limited (to our choice), to the extent that it is able to do so: (a) in the case of supply of goods, Sgneep carries out one or more of the following operations: (i) replacement of goods or supply of goods equivalent; (ii) repair of goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; and (iv) payment of the cost of repairing the goods; or (b) in the case of the provision of services, by carrying out one or both of the following operations: (i) new provision of services; and (ii) payment of the cost of the new supply of services.
15. Settlement of disputes.
15.1 Legal proceeding. In the event of any problems or disputes, the User agrees to try first to find a solution informally by contacting Sgneep. If the dispute is not resolved within 30 days from the date of presentation, any resulting legal action must be resolved through the use of the definitive and binding arbitration, unless the dispute can be resolved by a conciliation office.
15.2 Rules. If the User resides in the Americas, the arbitration will be managed by JAMS, in Santa Clara County, California, in accordance with the relevant arbitration rules and procedures. If the user resides in Australia, New Zealand, Japan, China, Hong Kong (SAR), Macao (SAR), Taiwan, Republic of Korea, India, Sri Lanka, Bangladesh, Nepal or in a member state of the Association of Nations of South East Asia (ASEAN), the arbitration will take place in Singapore, in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), whose rules are considered as incorporated by reference in this article. Otherwise, the arbitration will take place in London, in accordance with the Arbitration Rules of the International Arbitration Court of London (LCIA). The arbitration manager will be mutually chosen by the user and by Sgneep. The arbitration will be conducted in English, but non-native English witnesses will be able to testify in their native language, with simultaneous translation into English (at the expense of the party presenting the witness). The judgment relating to the decision may be issued and enforced by any court of competent jurisdiction for the user and Sgneep.
15.3 Prohibition of collective legal actions. The User can resolve disputes with SgneepBox only on an individual basis and the user cannot file a complaint as a member of a group of plaintiffs who take collective, consolidated and representative legal action.
15.4 Injunctive solutions. Regardless of what is indicated above, in the event of unauthorized access or use of the Services or the Software by the user or third parties, in violation of these Conditions, the user acknowledges to Sgneep the right to request the application of a injunctive remedy (or an equivalent type of urgent legal settlement) in any jurisdiction.
16. Rights to perform checks.
If the User represents a company, a company or an organization, SgneepBox has the right, no more than once every 12 months and with 7 days' notice, to appoint its own personnel or an independent external inspector, subject to obligation of confidentiality, to check (with manual, electronic or both methods) the User's registers, systems and structures to verify that the installation and use of any Software or Services is in compliance with the valid licenses issued. Furthermore, within thirty (30) days from the request by SgneepBox, the user will provide the latter with all the necessary registers and information to verify that the installation and use of any Software and Service are in compliance with valid licenses granted by SgneepBox to the user. If the verification reveals the lack of a license for the Software or Services, the user must immediately purchase the necessary licenses and subscriptions and any applicable support and maintenance. If the unpaid fees exceed 5% of the amount due, the user must also bear the reasonable costs of the inspection conducted by SgneepBox.
17. Updates and availability.
17.1. Updates to the General Conditions and Additional Terms. Sgneep may amend these General Terms and Conditions, any Additional Terms or Subscription and Cancellation Conditions, for example to reflect changes made to laws, Services or Software. The user must regularly consult the Conditions. Any changes to these General Terms and Conditions will be reported on this page. By continuing to use the Services or the Software or to access them after the changes come into effect, you agree to be bound by the updated Terms.
17.2. Updates to Services and Software. Sgneep may modify, update or discontinue the provision of the Services or Software (including related portions or features) at any time, without liability to you or any third party. However, for changes to paid offers, Sgneep will make every reasonable effort to inform the User before making the change, update or suspension. In the event of termination of a Service or of the Software in its entirety, SgneepBox will allow the user a reasonable period of time to download User Content and Sgneep may provide a proportional refund for all commissions not used for that Prepaid Service or Software .
17.3. Availability.The Web pages describing the Services are accessible throughout the world, but this does not mean that all the Services or related functions are available in the user's country or that the content generated by the user and made available through the Services is legal or available in the user's country. Sgneep or foreign governments may block access to certain Services (or certain features of the Services, Sample Files or Content Files) in some countries. It is the user's responsibility to ensure that they can legally use the Services in a particular location or that they are available. Services are not available in all languages.
18. Prohibition of modification and decoding.
Except as expressly permitted in these Terms, the user may not (a) modify, transfer, adapt or translate any part of any Service or Software; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any part of the Service or Software. If the laws of the user's jurisdiction give the right to decompile the Software in order to obtain the information necessary to make the license portions of the Services or Software interoperable with other software, the user must do so only after requesting such information from SgneepBox. SgneepBox, at its discretion, may provide such information to the user or impose reasonable conditions, including a reasonable commission,on the decompilation of the Services or Software to ensure that the proprietary rights of the Services and Software of Sgneep and its suppliers are protected.
19.1 Italian version . The Italian version of these Conditions will be the one used for the interpretation.https://sgneep.com/terms
19.2 Communications to Sgneep . The User can send communications to Sgneep at the following e-mail address: [email protected]
19.3 Communications to the user . Sgneep can contact the User by e-mail, regular mail, publications within the Services or other legally accepted means.
19.4 Sale ban . The user may not assign or otherwise transfer these Conditions or the rights and obligations provided by them, in whole or in part, without the written consent of Sgneep, and any attempt to do so will be considered void. SgneepBox may transfer its rights under these Terms to third parties.
19.5 Headings . The headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to interpret the meaning or intent.
19.6 Separability . If any provision of these General Terms or any Additional Terms is deemed invalid or unenforceable for any reason, the General Conditions and any Additional Terms will remain fully valid and effective.
19.7 Inalienability . Failure by Sgneep to comply with or fail to comply with one or more of these Conditions does not constitute a waiver of the provision in question.