Terms and conditions

Last update: March 1st, 2021

The App ScreenLine for iOS and Android systems was designed and managed by Pellini SpA, headquartered in Via Fusari, 19 26845 Codogno (LO), registered email pellini@legalmail.it, email info@pellini.net, Phone number +39 0377 466411

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1. Use and duration
   1. The User may use the APP solely on a mobile device, in order to utilize services in connection with domotics. For a detailed description of the services, please refer to a www.pellini.net.
   2. To use the service, User shall download the APP from iTunes (iOS version) or from Google Store (Android version).
   3. User shall delete the personal account in any moment whether deemed appropriate.
   4. The terms and conditions are available in Italian and English. In case of contrast, the Italian version will prevail.

2. Acceptance of general conditions
   1. Use of the APP is subject to the acceptance of the present conditions.

3. Subscription
   1. In order to proceed with the use of the APP, the User must first register by filling in the appropriate form.
   2. The User, in any case, is required to ensure that the personal information provided during the registration process as well as subsequently, is correct, complete and true. At the end of the procedure, the User will receive authentication and authorization credentials, which will allow him/her to use the APP correctly.

4. Licence
   1. Pellini SpA transfers the APP to Users by means of a non-exclusive licence, free of charge, with the limits of space, time and technology provided for herein, and expressly prohibits the sublicensing and derivation of works.
   2. By using the APP, User may create connections with hardware devices in order to use specific services. The User agrees to observe all due diligence in the use of the services offered, with particular reference to those involving the connection between the APP and hardware.
   3. The sending of any single piece of data by the User to Pellini SpA will result in the non-exclusive attribution to Pellini SpA of any relative right, with any express right of derivation of works, sub-licensing and diffusion, without prejudice to any limits on the unavailability of any single piece of data, as established by current legislation.

5. Interoperability
   1. Whether User intended to make the APP interoperable with third-party software or hardware, User shall contact Pellini SpA by means of a detailed communication, containing every element suitable for defining a framework of interoperability.
   2. Following the related research activity, Pellini SpA will have the right - but not the obligation - to provide User with the information necessary to achieve interoperability, requesting, where appropriate, further clarification User undertakes to provide.
   3. If Pellini SpA does not provide the requested information, User may carry out reengineering and study activities, where indispensable to achieve interoperability. Nevertheless, User must promptly communicate performance of these activities to Pellini SpA, who will become the legitimate holder of all relevant information.

6. FOSS
   1. The APP may contain free or open-source software ("FOSS"). FOSS software is licensed under the terms of the license accompanying such software. In such case, the relevant license terms are accepted by the parties and shall prevail over these terms and conditions in case of conflict.

7. Maintenance and modifications to services
   1. Pellini SpA may, at its own discretion, carry out adaptive maintenance, evolutionary maintenance, and corrective maintenance.
   2. The services offered through the APP may change over time, as they are subject to continuous improvement.
   3. At any time, Pellini SpA may temporarily or permanently modify, suspend, interrupt or limit access to all or part of the services, even without prior notice, or limit the use of the services, territorially, qualitatively or quantitatively.
   4. Some of these changes may make certain hardware devices or third-party services non-interoperable with the APP.
   5. Pellini SpA reserves the right, at its own discretion, to vary from time to time the present document. User is therefore kindly requested to check the applicable conditions from time to time.
   6. In case of failure to comply with any of the obligations set out in these conditions, Pellini SpA reserves the right to suspend the account of the User concerned.

8. Warranty exclusion
   1. Without prejudice to mandatory provisions, Pellini SpA does not release any warranty concerning the APP and the services supplied by means of the latter.

9. Liability
   1. Without prejudice to express what is expressly provided for by current legislation, Pellini SpA shall not be held liable for direct or indirect expenses and/or damages of any kind suffered by User in relation to the execution of the APP.
   2. Pellini SpA shall be held harmless by User from all damages and expenses, penalties, and in general, from any obligation to pay sums of money, due to activities directly or indirectly connected to the fulfilment of the present terms and conditions.
   3. It is also understood that User also waives any request, claim, civil action, including financial and/or damage compensation claim, towards Pellini SpA directly connected to the failure and/or the inexact fulfilment of the present terms and conditions. The present clause shall not apply in case of willful misconduct or gross negligence.

10. DRM
    1. Pellini SpA may include DRM or other technological protection measures in the APP, consisting of devices and/or components designed to prevent or limit actions not authorized by the rights holder.
    2. The APP may also include electronic information on the rights system indicating the terms and conditions of use of the content covered by the services, the identity of the author of the work, as well as numbers or codes representing such information or other identification elements.
11. Content
    1. Pellini SpA shall not assume any liability for the accuracy, completeness and up-to-dateness of data, content and information owned by Pellini SpA or entered or contained in the APP.
    2. User is required to check the accuracy of information contained in the APP before making any decision, including those relating to the purchase of Pellini SpA and/or third-party products. Pellini SpA shall not assume any liability for errors or omissions deriving from the use of data and information contained in the APP.
    3. User accepts that communications made through the APP - and in particular, exchanges made via chat, including email communications - shall not be deemed confidential.

12. Intellectual property rights and landmarks
    1. Without prejudice to mandatory provisions, the APP, considered in its entirety, as well as all the material contained therein, is protected by copyright and other intellectual property rights.
    2. The content, materials, databases, works published or otherwise contained in the APP, including, by way of example but not limited to, trademarks, logos, images, photographs, press releases and documents in general reproduced shall be deemed the exclusive ownership of Pellini SpA or, alternatively, used as authorized or licenced by the rights holder itself.
    3. User may utilize this content exclusively if such activity is necessary for the correct use of the APP, hence User may not use it freely.
    4. Pellini SpA reserves all rights over such content, including the right of publication.
    5. The dissemination of images taken from the APP is strictly forbidden. Any act of exploitation of such material, for any purpose whatsoever, is forbidden without the prior authorization of Pellini SpA.

13. Processing of personal data
    1. With regard to processing of personal data of the User, please refer to the information available at the following URL: https://www.pellini.net/en/who-we-are/qualities-and-patents/certifications/information-on-personal-data-processing

14. Applicable law
    1. Without prejudice to mandatory provisions provided by Law, the present terms and conditions of use are governed by Italian Law.

15. Competent court
    1. Without prejudice to mandatory provisions provided by Law, any claim related to the present conditions shall be referred to the exclusive jurisdiction of the Court of Milan.

16. Contacts
    1. User may directly contact Pellini SpA at the following points of contact:
       Email: info@pellini.net
       Ph. +39 0377 466411

I declare to accept the Terms and conditions [_]

Pursuant Articles 1341 and 1342 of the Italian Civil Code, Parties expressly accept the following clauses:

 7.3),7.4) and 7.5) Maintenance and modifications to services, 8) Warranty exclusion, 9) Liability 15) Competent Court