These conditions have been drawn by Piusi S.p.A., with registered office in Via Pacinotti, Z.I. Rangavino, 46029 Suzzara (MN), VAT no. 01869920205 ("Piusi") to regulate the use of the service called "MCO GO CLOUD" (the "Service") by the User.
The Service may be used only by a person, defined as “User”, who carries out business activities (legal person or company), who has regularly purchased a product from the "MCO GO" line (the "Product") from an authorised Piusi dealer and who has a regular Service activation code (defined as "Product Key").
By activating and using the Service, the User declares to have read and understood these Terms of Use and agree to be bound by them in their entirety.
1 – Subject
1.1 The "MCO GO CLOUD" Service includes a series of functions that allow the User to remotely manage their car repair workshop. The Service is to be used in combination with the Products of the "MCO GO/ MCO 2.0" line purchased by the User. The Service in particular allows the User to make reports on the operations carried out within the workshop.
1.2 Service is provided to the User by means of a Cloud application, called MCO GO CLOUD to which the User Manager can access via personal computer or tablet with an internet network ("Web App").
1.3 The Web App is compatible with major browsers and in particular: Internet Explorer, Firefox, Chrome and Safari. The minimum system requirements are available in the catalogue and in the Web App.
1.4 The use of the Service via Web App for each Product Key is free of charge for the User, being included in the purchase price of the Product to which the Product Key refers. The price of the Product Key varies depending on the version and chosen duration of the Service.
1.5 The costs of connecting to the Internet in order to transmit the data necessary for the use of the Service are to be borne exclusively by the User and depend on the conditions agreed by the latter with his provider of the relevant services, without any liability for Piusi.
2 – Service Activation
2.1 In order to start using the Service, the User must, by means of a suitable PC or tablet, connect to the Website www.piusi.com (the "Site") and access the Web App. The User must authenticate himself by creating his own user profile (account) by filling in the appropriate fields online, providing truthfully, correctly, completely and up-to-date the requested data including the Product Key code and entering the credentials. The User is also required to fully accept these Terms of Use of Piusi.
2.2 Piusi is not obliged to verify that the data provided by the User during authentication corresponds to his real identity, nor does it assume any responsibility in the event of mismatch. The account created by the User may not be transferred to third parties (except in the case of sale of the Product) nor shared with third parties. The User may only make one registration for each Product Key. Credentials are strictly personal and must be kept by the User with the utmost care. In no way can the registration carried out with a Product Key be modified or reset, nor can the relative data be deleted. If a third party takes over the use of the Service by the User (e.g. as a result of the transfer of the company, sale of the system, or other), the User must inform Piusi in advance of the relevant agreements and for any replacement of the original Product Key with a new one.
2.3 The User must diligently preserve the Product Key and not disclose it to any third party for any reason. The User undertakes sole responsibility for any damage or negative consequences arising from the knowledge, or use, of the Product Key by unauthorised third parties. Furthermore, it is forbidden for the User to allow third parties to use the Service. The User recognises and accepts that Piusi has no obligation to oversee the behaviour or actions of the User and/or any third parties authorised by the same, nor will it monitor or oversee the information and/or data and/or content sent to the server.
3 – Service provision methods
3.1 By activating the Service, the User will be enabled to automatically or manually load the data of his workshop on the dedicated servers in order to obtain the various functions that the Service makes available on the server from time to time.
3.2 Any subsequent updates to the initial versions of the Web App, as well as bug fixes, patches and other changes aimed at improving its performance, may be made available from time to time at Piusi's discretion, without prior notice or consent from the User. Such updates and other changes may also be installed automatically and the User consents to such automatic updates. In any case, it is the responsibility of the User to install them promptly. Piusi declines all responsibility in the event that the User fails to download an available update.
4 – Duration of Service and withdrawal
4.1 Depending on the type of Product Key purchased, the Service will have an annual, three-year or one-time fee.
4.2 In the case of an unlimited duration Service, Piusi reserves the right, to be exercised at any time but not before 5 (five) years from the date of the first activation of the Service by the User, to delete or replace the Service in whole or in part or to make substantial changes to the same if Piusi deems it necessary at its sole and unquestionable discretion, for example for reasons related to its obsolescence or for other reasons deemed appropriate. In any case, Piusi has the right to make corrections, updates and other changes to the Service at any time as indicated in art. 3.2 and to suspend and interrupt it as indicated in art. 7.
4.3 The User may at any time and for any reason permanently terminate using the Service by providing written notice to Piusi.
4.4 It is understood that, in all the cases referred to in art. 4.2, the User may not make any claim against Piusi for direct or indirect damages or any other economic claim of any kind.
4.5 The User acknowledges and accepts that, in case of interruption of the Service, the uploaded data will be permanently deleted from the server, without any liability for Piusi or obligation of further communication.
5 – Limitations to the liability of Piusi
5.1 Piusi will do every effort to keep the Service running optimally and to ensure the safety of the users. Notwithstanding the above, no warranty is made with respect to the Web App or Service. Piusi declines any and all responsibility for direct or indirect damage, costs, liabilities or negative consequences of any kind arising to the User from the use, installation, execution, uninstallation of the Web App as well as from the use or non-use of the Service. Piusi is not liable in the event of inaccessibility to the Service for any reason whatsoever (including, but not limited to, viruses, damaged files, errors, omissions, interruptions, deletions of contents, loss of data, events affecting telephone, power and network lines, including failures, overloads or cut-offs; unauthorised access, alteration of data, failure or malfunction of electronic equipment owned or held by the User; events attributable to third parties or the User or force majeure).
5.2 Piusi does not assume any responsibility for the data entered by the User. It is the responsibility of the latter to provide correct, accurate and up-to-date data as well as to use the Service in a correct manner.
5.3 The User acknowledges and accepts that Piusi may avail itself of third parties for any reason for the supply of the Service (including, but not limited to, the supply of cloud services and data centres) in whole or in part.
5.4 The User undertakes to report any malfunction of the Service to Piusi promptly and in writing. Piusi undertakes to act with reasonable timeliness following the report, in the ways that it deems most suitable for the resolution of the problem, save the contents of art. 5.1 and 5.5.
5.5 For no reason may direct and/or indirect damage caused by flawed use of or failure to use the Web App or the Service or for any other reason or cause be requested from Piusi.
6 – Obligations and rights of the User - Prohibitions
6.1 The User cannot:
- copy, reproduce, display, publish, transmit, publish, assign or allow others to use, modify or create
derivative works from the Web App or develop similar or competitive applications;
- translate, adapt or modify the Web App, embed it in another Web App or App or software, or act on it in
any other way, even if the above is necessary to use it or to correct errors;
- decode and decompile the Web App or part of it;
- sell, distribute, assign, lease or sublicense the Web App or in any way transfer the Web App to a third
party or otherwise exploit it commercially;
- transmit computer viruses, worms, trojans or other software or items with the purpose or effect of
damaging or otherwise interfering with the operation of the Web App;
- remove trademarks, logos or copyright notices of Piusi and/or third party licensors.
6.2 The User undertakes to use the Service with the utmost diligence, so as not to compromise its stability, security and quality. The User is responsible for equipping itself with the appropriate computer and data transmission structures for effective use of the Service.
6.3 The User recognises that it is solely and exclusively liable for the activities carried out using the Service that are directly or indirectly related to it and consequently relieves Piusi of all civil, criminal and administrative liability deriving from illicit use of the Service by itself or by third parties authorised to use it on the User’s behalf.
6.4 The User recognises and acknowledges that the Service may be provided solely to owners of the Product who legitimately possess a valid Product Key. If, for any reason, the User plans to transfer the Product to third parties, he must first notify Piusi.
6.5 It is forbidden for the User to: violate these Terms of Use, the laws and rights of third parties; interfere with the use of the Service by other users; compromise the proper functioning of the Service; spread viruses or other elements aimed at damaging the systems; violate industrial or intellectual property rights of Piusi or third parties.
The User undertakes to indemnify and hold harmless Piusi from any action, claim, petition, damage, cost, charge or expense, including any legal expenses, that may be requested from Piusi by third parties, such as those resulting from any breach, violation of the law and/or rights of third parties or from improper conduct of the User.
7 – Temporary suspension, temporary and permanent interruption of the Service and termination of the contract by Piusi
7.1 The Service may be temporarily suspended by Piusi or may be interrupted in the event of improper use by the User, and / or the occurrence of technical problems that make it appropriate to suspend, all in the sole discretion of Piusi.
7.2 The Service may be permanently interrupted by Piusi, thus terminating the contract with immediate effect, in the event that the User violates these Terms of Use, the laws or the rights of third parties, or if a force majeure prevents the provision of the Service for a period longer than at least one (1) consecutive month.
8 – Intellectual and/or industrial property rights
The "Piusi" and "MCO GO" brands, as well as the other brands relating to products, services and software by Piusi are the exclusive property of Piusi. Piusi is also owner of the Site and of the Web App and is the exclusive owner of all intellectual property rights on the same, as on any part of the Service covered by protection as industrial and/or intellectual property, including know-how. Piusi is also owner and/or legitimate user of the software used to supply the Service. The use of the Service does not confer any industrial and/or intellectual property rights on the User, not even as a licence.
9 – Confidentiality
Piusi undertakes not to circulate, disclose or otherwise communicate to unauthorised third parties any confidential information of the User of which it becomes aware, and not to use it for purposes other than those strictly connected to the provision of the Service, without prejudice to legal obligations or any orders issued by the legal authority or other authorities authorised by law.
10 – Changes
10.1 The terms and conditions of the Service may be modified at any time at the discretion of Piusi. Piusi will inform the User about these changes, which in any case will become automatically and immediately effective as soon as they are published in the Web App.
10.2 At any time, Piusi may at its own discretion modify the Web App, or the way in which the Service is provided, informing the User thereof.
11 – Applicable law and jurisdiction
By accepting this document and in any case by using the Service, the User acknowledges and accepts that the relationship relating to the use of the Web App and the use of the Service by the User is governed by the Italian law and that the court of Mantua is exclusively competent for any dispute between Piusi and the User, without prejudice to the jurisdiction of the Specialised Sections on Business in Milan, where applicable.
12 – Communications
All operative communication to the User shall be understood as validly made via e-mail to the address communicated to the User when sending the order form. Equally, the User shall made its operative communication to Piusi via e-mail to the address customercare@piusi.com.