To benefit of the services of Sengerio (“services”), the User must accept these terms. The services are provided by Sengerio S.r.l. (“Sengerio”) with registered office in Viale Sardegna 14/C, Siena, 53100, Italy. Subsequent (if any) addendums to the terms are to be considered an integral part of these Sengerio service terms. Should the former terms be in contradiction with those added at a later stage, the addendums will have precedence.
These terms can only be accepted by subjects who are eligible by law, according to the following procedure:
Sengerio provides the services for management software purposes related to the social network enterprise and with the characteristics featured in the online version. In order to allow Sengerio to guarantee the continuous innovation of its services, the User accepts that the form and nature of the services may be changed without need of fore-notice.
The User accepts that, should Sengerio disable the User’s account with a fore-notice of seven days, the User will not be granted access to the services and contents of his/her account.
The User accepts that Sengerio has the right to disable accounts that have been inoperative for a prolonged period or that at any rate have been for at least ninety days.
Though a limit time is not established for information of Users with access to the services to be kept in the database, the User accepts that Sengerio reserves the right to introduce such limits in the future.
The User accepts to use the services only for aims that are allowed by these service terms and by the version available online.
The User accepts not to attempt accessing the services through any means other than the interface supplied by Sengerio, unless specifically authorized to do so in writing by Sengerio.
The User accepts not to reproduce, copy or sell the services, unless specifically authorized to do so in writing by Sengerio.
The User cannot interfere with or interrupt the service or breach any whatsoever law or applicable regulation.
The User accepts to store the passwords linked to any account used to access the services under his/her full responsibility and is accountable to Sengerio for all activities that are carried out on his/her account.
The User agrees to hold Sengerio harmless of any prejudice caused to itself or third parties by unauthorized use, including by third users, of the User’s passwords.
With reference to the processing by Sengerio of personal data of third parties from which its cloud services’ client is the Data Controller and from the latter entered and in any case processed in the use of cloud services provided by Sengerio, pursuant to the General Regulations for Personal Data Protection n. 619/2016 (“GDPR”), the Client appoints Sengerio as Data Processor.
Sengerio grants the customer a personal, non-transferrable and non-exclusive license to use the software as part of the services. The sole and exclusive purpose of this license is use of the services.
The User acknowledges that the services and all software used in relation to the services are protected by intellectual property laws and the User cannot copy or attempt to discover any source code, transfer, sell, sublicense, or transfer to others any right on the service-related software, unless specifically authorized in writing by Sengerio.
The User can use the services as long as he has sufficient credit.
The User can use the free service versions indefinitely if the services are not suspended in the meantime or if the account is disabled by Sengerio as it is freely and unchallengeably entitled to do.
The User accepts that Sengerio can suspend free accounts at any time with fore-notice of seven days in advance.
Sengerio can terminate this agreement at any time, without prejudice thereby to any of its other rights, if the User does not abide by the Sengerio service terms
The service fee is necessarily variable, because the User has the right to choose the type and the quantity of licenses made available by Sengerio to configure the best solution with regard to his/her specific requirements.
As such, in calculating the fee, reference is made to the fee plan applied to services chosen by the User at the time of activation.
Sengerio will charge the consumption of the services on the Customer's prepaid credit. The invoices relating to the customer's payments to top up credit are made available in his account.
The credit is non-refundable unless otherwise decided by Sengerio at its sole discretion and in any case net of any expenses.
Sengerio provides the services “AS THEY ARE AND WITH POSSIBLE FLAWS” and does not provide any warranty cover, explicit or implicit, including any satisfactory warranty, purpose suitability, or compliance with the description.
No part of these terms will affect those rights granted by law to which the User is a rightful claimant and that he/she cannot agree to or waiver.
For the structure of the application services provided, Sengerio is not held accountable for the fact or failure of its contractors, other users of the data transmission lines or networks used, or the fact or failure of its own or others’ suppliers, committing itself solely to concede to the User, at the request of the latter, any action or rights against them in the best interests of the User.
The provision of the integration of external services does not constitute a guarantee on the part of Sengerio of the integrated external services.
Sengerio is not held responsible for the fact of or failure of the external service providers.
Sengerio and its licensees are not liable toward the User for any profit loss that occurs directly or indirectly, any data loss suffered by the User, any change or temporary or permanent suspension that Sengerio may decide to service provisions.
Sengerio’ limited liability toward the User will apply both if the User has or has not been informed, of the possibility of any loss.
The User accepts to hold Sengerio, its representatives, its employees as well as any of its partners harmless of any obligation to compensate damages, including legal expenses that may arise from use of the services by the User.
Sengerio may modify the terms and the User accepts that if he/she uses the services after the date the terms have been changed, Sengerio will consider use of the services as formal acceptance by the User of the new terms.
The User accepts that Sengerio can submit correspondence by e-mail, letter mail or online posting/sending through the provided services.
If an English translation of the terms is provided, the User nonetheless accepts that the translation is only provided for his/her commodity and that the Italian version will be the one that will regulate relations with Sengerio.
If there are contradictions between the terms set out in the Italian version and those in the English translation, the Italian version will apply in all cases.
These terms are regulated by Italian Law, Italian legislation and the sole competent court is the Court of Siena (Italy).
Should any provision of these terms be considered invalid, it will be removed and the remaining terms will continue to be valid and enforceable.
The User accepts these terms as sole agreement, even as modification and replacement of any previous agreements entered, written and verbal.