Terms and conditions

1.General

Apparound provides a subscription service that allows to access and use Apparound Configure Price software and Quote and Digital Content Distribution software (“Apparound content”) in SAAS (Software as a Service) manner trough computers and other devices (“compatible devices”). Activating the Subscription Plan user access to a private environment made of an Administration portal where subscriber company admin user/s can – upload contents (files, video, pictures, etc.), – configure the quoting tool, – manage the users its platform within the maximum number of active users defined in the plan. Both the quoting tool and the contents uploaded will be available for users defined within the platform setup for a maximum number defined in the plan, via Apparound App and for a maximum number of devices per user defined in the plan. Apparound App is an application that can be downloaded free of charge from the main stores (Appstore, Google play, etc.) where users can login to access published contents using credentials configured on the Administration portal. There are different Subscription Plan levels (for more information click here). These Terms of Use govern your use of Apparound Service. As used in these Terms of Use, “Apparound Service” or “Service” means the service provided by Apparound and above described including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with. Use of Software associated with the Services by user is governed by a specific EULA you can read by clicking here. The service is provided to you by Apparound Italia S.r.l., an Italian Limited liability company with principal office in Pisa via Umberto Forti, 1 – Italy. By Activating your Subscription plan you accept these Terms of Use.

2.Subscription Plan

To activate a valid Subscription Plan you need to: – Complete the subscription form, available here, with all the data requested – Submit your request of activation by clicking on “save”. After having submitted the request you will receive an email, to the address indicated in the subscription form, containing your username and password (the “Credentials”) to access to the Service. The Subscription Plan duration is 1 month, commencing on the date you log in to your account for the first time (the “Plan Activation Date”), and will renew month-to-month until terminated. If you do not activate your Subscription Plan within three days from the day Apparound sent you username and password, your Credentials shall expire and you will need to ask for new ones. Before you activate your Subscription plan no fees will be charged but you will not be able to use the Service. Logging into your account using your Credentials for the first time, you activate your Subscription Plan and you consent Apparound to charge you a fee on the basis of the Subscription Level you activated (The Subscription Plan Fee). The Subscription Plan Fee for the Apparound Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your Subscription plan (The Billing date). To use Apparound service, it is mandatory you to: – have internet access – have a compatible device (for compatible devices click here) – provide a current, valid, credit card (“Payment Method”). Please consider that Payment Method may update from time to time. If it happens you will be requested to provide a current, valid, Payment Method amongst those allowed. You can terminate your Apparound Subscription Plan at any time using the termination procedure set at “Your Account” page. Termination will be effective upon the last day of your monthly billing following the day you complete the termination procedure (Termination Effective Date), so you will continue to have complete access to the Apparound Service till the Termination Effective Date. Following Termination Effective Date Your data will be available for 60 days During this period you can access to the Service only to export your data but not to use it. After 60 days from the termination your data will be definitively deleted. By accepting these Terms and Conditions you expressly consent Apparound to delete your data after sixty days from Termination with no liability to you. Furthermore, You shall indemnify and hold Apparound harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney’s fees, which arise from any claim by any third party relating to the deletion of data Apparound eventually does sixty days after Termination

3.Payment

The Subscription plan fee for the Apparound service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your Subscribe plan. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may immediately suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you. If you do not agree with the new prices please use the termination procedure. If you do not use the termination procedure it will be deemed as you to accept the new prices. Please Consider that payments are non-refundable and Apparound does not provide refunds or credits for any partial-month periods or for periods which You have not used Apparound Service. Downgrade from a user pack to another will be effective by the next Billing date (i.e. if your Billing date is on the 5th day of the month, and on the 6th you decide to reduce, downgrade will not come into effect until the 5th of the following month and your fee will be reduced only for the following billing period). Upgrade to a greater “users pack” will be effective by the day following your payment.

4.Apparound service

To be accepted to a Subscription Plan you need to be a Business Entity or a Government or State Agency. No private persons are accepted to the Subscription Plan. The Apparound service and any content used through the service are for internal use to your organization so you may assign a “user” to your employee, agent, consultant etc. but you cannot re-sell, lease, assign or offer for a fee the service to a third party. During the validity of your plan we grant you a limited, non-exclusive, non-transferable, license to access and use the Apparound Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to re-sell and/or assign the service to a third party. Apparound regularly makes changes to the service, including the content. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Apparound content . You agree to use the Apparound service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Apparound service. You also agree not to: – circumvent, remove, alter, deactivate, degrade or thwart any eventual protections in the Apparound service; – use any robot, spider, scraper or other automated means to access the Apparound service; – decompile, reverse engineer or disassemble any software or other products or processes accessible through the Apparound service; – insert any code or product or manipulate the content of the Apparound service in any way; or use any data mining, data gathering or extraction method. – in addition, you agree not to upload, host, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Apparound service, including any software viruses or any other computer code, files or programs. If you violate any term and or obligation assumed with these terms of use or are engaged in illegal or fraudulent use of the service Apparound may terminate or restrict your use of service if you violate these Terms of Use. The Apparound software is developed by, or for, Apparound and is designed to only and exclusively to digitize sale process. The Apparound software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Apparound and related third-party software.

5.Passwords & Account Access

The person who created the Apparound account and whose Payment Method is charged (the “Account Owner”) has access and control over the Apparound account and compatible devices that are used to access the service. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the compatible devices that are used to access the service and not reveal to anyone the password nor details of the Payment Method associated with. You and your users are responsible for updating and maintaining the accuracy of the information you provide to Apparound relating to your account and for following good password practice. Apparound will not be liable to you and/or your users for any loss of data as a result not authorized access to your Account. We can terminate your account, or place your account on hold, in order to protect you, Apparound or Apparound partners in the event identity theft or other fraudulent activity.

6.Limitation of liability

To the fullest extent permitted by law, the total liability, in the aggregate, of Apparound, and its officers, directors, partners, employees, agents, to you and anyone claiming by, through, or under you, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to, the service from any cause or causes, including but not limited to negligence, errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by Apparound or € 5.000,00 whichever is greater.

7.Warranty disclaimer

Relating to the service, and to the fullest extent permitted by law, apparound makes no representations and does not grant any warranties, express or implied, either in fact or by operation of law, and specifically disclaims any other warranties, whether written or oral, express or implied, including any warranty of quality, merchantability or fitness for a particular use or purpose of the said service.

8.Miscellaneous

Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Italy. These terms will not limit any consumer protection rights that you may be entitled to under any mandatory law Privacy Policy. Apparound Privacy Policy is available here Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. Changes to Terms of Use. Apparound may, from time to time, change these Terms of Use. We will notify you at least 30 days before these new Terms of Use apply to you. If you do not agree with the new terms of use please use the termination procedure. If you do not use the termination procedure it will be deemed as you to accept the new Terms of Use. Communications. By using Apparound Service you agree that all information relating to your account, Apparound Service and this Agreement (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) will be sent you in electronic form only (generally via emails to your email address provided during registration).