General terms and conditions of use of the iCast Lube EVO App
The operating software of the iCast Lube EVO App (hereinafter referred to as the “Software”) and the iCast Lube EVO App (hereinafter referred to as the “App” and jointly with the Software hereinafter referred to as the “Tools”) are property of Baraldi S.r.l., with registered office in Via Lombardia 2/I-2/L, 40024 Osteria Grande, Castel San Pietro Terme (BO), Italy, VAT Code 01504231208 (hereinafter referred to as “Baraldi”).
1.1 By means of the Tools Baraldi offers to the Users (as defined below) a free service for monitoring and evaluating their production process (hereinafter referred to as the “Service”). The use of the Tools is reserved to entrepreneurs, both individual and collective entities, and is carried out in their professional activity (hereinafter referred to as the “Users” and, individually, the “User”) and is regulated by these general terms and conditions of use (hereinafter referred to as the “General Conditions of Use”).
1.2 With the first use of the Tools and/or by downloading the Tools and/or with the relevant registration, the User acknowledges and accepts these General Terms and Conditions of Use which therefore will be fully binding among the parties. The General Conditions of Use are available on the website https://www.baraldi.com/ and may be unilaterally modified by Baraldi. In case of change, Baraldi will give a fifteen (15) days notice to the User. If the User does not intend to accept the changes , the User may terminate the relationship relating to the use of the Tools and the Service without any liability upon the parties.
2. Object of the Service and cost. Responsibility of Baraldi.
2.1 The Service provided by means of the Tools consists in the evaluation of the User’s production process and in the identification of the possibility to optimize such process by using Baraldi’s products and/or services. In particular, the User, by entering a series of data and information related to its own production cycle (hereinafter referred to as the “Process Data”), will be able to receive an estimate of the possibility to improve its efficiency and, therefore, of the relevant potential reduction of the costs.
2.2 The Service is free of charge for Users.
2.3 Baraldi makes no warranty either with regard to the functioning of the Service or with regard to the results obtained from the Tools. Indeed, the Service supplied by Baraldi by means of the Tools is provided “as it is” without warranty of any kind, neither express nor implied. The outputs resulting from the use of the Tools and of the Service are the result of a method of analysis and calculation developed by Baraldi on the basis of general data and may, therefore, not take into account a number of specific characteristic of the User’s production activity; therefore the results may be inaccurate and subject to errors and the User is required to verify the results obtained. The use of the Service by the User is made at its own risk and Baraldi shall not be liable in any case for any damages resulting from the use of the Service and/or from the results achieved by means of the Tools, nor Baraldi shall be liable if the prospected savings are less than the real ones.
3. Download of the Tools and use of the Service
3.1 The Tools can be used and/or downloaded for free from Baraldi’s website at the address icastevo.baraldi.com
3.3 The User must keep his username and password in a safe place and shall keep them as private and confidential . The use of the Service is reserved to the User who shall immediately notify Baraldi in case of unauthorized use of the account by third parties or in case of misappropriation and/or theft of the credentials. The Service shall be used in accordance with the instructions provided by Baraldi and complying with these General Conditions of Use. The User agrees to hold Baraldi harmless and indemnified from any damage that may result from an improper use of the Tools.
4. Confidentiality of the information provided by the User
4.1 The data provided by the User at the time of registration, as well as the Process Data, shall be kept and used by Baraldi and/or its related companies only and exclusively for the performance of the Service and for processing offers related to products and/or services that may be of interest to the User. Baraldi undertakes to maintain the utmost confidentiality on the Process Data entered by the User for the use of the Service and undertakes not to assign, sale or transfer to third parties other than companies affiliated to Baraldi the Process Data and/or any data relating to the business of the User. The results and outputs provided by the Tools shall be used by Baraldi internally for its own activity (e.g. for the development of new products and/or services) or for the formulation of commercial offers to the User.
5. Intellectual property rights
5.1 Baraldi is the creator and author of the Software, the App and the calculation methods behind the Service. Such intangible assets are, therefore, exclusive property of Baraldi and are protected under the Copyright Law and any other applicable laws. The use of the Service is carried out by the User on the basis of a free license of the Tools granted to the User for the only purpose to use the Service. The User does not own any license or other right on the distinctive marks of Baraldi.
5.2 User agrees not to reproduce, duplicate, copy, sell, negotiate or use the Tools in whole or in part for commercial purposes. User also agree not to modify the Tools, create derivative works from the source code of the Software, decompile or attempt in any way to reverse engineer the Software.
6. Modification or termination of the Service
6.1 Baraldi reserves the right to modify the Tools and/or their functionality and/or the features of the Service at any time. Baraldi may also, at any time and at its sole discretion, discontinue the provision of the Service and, with it, the use of the Tools.
6.2 The User may at any time deactivate its account, request the deletion or discontinue the use of the Service and request the deletion of the Process Data held by Baraldi.
7. Applicable law and place of jurisdiction
7.1 The relationship relating to the Service and these General Conditions of Use are governed by Italian law.
7.2 All disputes arising out of or in connection with the Service as well as relating to the interpretation and/or performance of the obligations provided for in these General Conditions of Use are subject to the exclusive jurisdiction of the Court of Bologna, Italy.