Terms and Conditions of use

Through these conditions (hereinafter “Terms of Use” or “Conditions of use”), Expert.ai S.p.a., with registered offices (corporate headquarters at Via Fortunato Zeni 8, Rovereto (38068 – Trento), VAT no. 02608970360 (“expert.ai”), establishes the rules for accessing and browsing its website, www.expert.ai (“Website”), and for using the services offered (“Services”). Those who browse the Website and use the Services (e.g. request a demo, register for the newsletter, etc.) are each hereinafter defined as a “User” and agree to accept and comply with the Terms of Use.

Acceptance of the Terms of Use References

By accessing the Website or using the Services offered, the User agrees to comply with these Terms of Use. Those who do not want to accept the Terms of Use must not use the Website or the Services.

By accessing the Website, the User confirms and guarantees that they have the right, the authority and the legal capacity to accept and comply with these Terms of Use.

Expert.ai invites Users to check the Terms of Use from time to time in order to identify any updates or changes by visiting the Conditions of use page on the Website.

For full information about the processing of personal data, we refer the User to the Privacy Policy on the Website; this Privacy Policy is understood to be transcribed in its entirety herein and is therefore an integral part of these Terms of Use.

Access to the Website and Services and methods of use

By accessing and using the Website, the User confirms having read, understood and accepted these Terms of Use. The Services offered on the Website are voluntary and free of charge.

Expert.ai does not guarantee continuous and uninterrupted access to the Website and the Services that, among other matters, may be affected by various factors beyond its control. Access to the Website may be suspended and/or interrupted at the discretion of expert.ai, for example, for technical reasons of any kind, due to business decisions, by chance or due to force majeure, or on violation of the obligations placed on the User, as described further below, without the latter having any claims against expert.ai for any reason whatsoever.

Expert.ai reserves the right to make changes to the Website and the Services, as well as to how they are accessed and delivered. The User may refuse to accept the changes simply by ceasing to access the Website and the use of its Services.

Expert.ai may amend or merely update these Terms of Use, in whole or in part; these changes will be made available on the Website as soon as they have been adopted. In this regard, the User may consult the Conditions of use page of the Website.

By accessing the Website, the User confirms and guarantees having read, understood and accepted that 1) the User is bound by the Terms of Use that establish the conditions for using the Website and the Services; 2) the User has the right and legal capacity to accept and comply with the Terms of Use and 3) the User agrees to comply with the applicable laws and regulations governing access to and use of the Website and the Services, the protection of personal data, authorship and industrial property rights and the fight against IT crime.

In order to use certain Services, the User may be required to register or complete a form by providing personal data, thereby making it possible to request Services or credentials for access to Services or to download materials.

In those cases, it is necessary to complete the specified procedure or to contact expert.ai , providing the current, complete and accurate information requested on the relevant online form.

The User is responsible for keeping the data they provide up to date and accurate from time to time, as well as for all losses incurred by failure to comply with these obligations.

The User recognizes and confirms sole responsibility for the truth and accuracy of the information and personal data provided.

Unauthorized use of the Website and Services

The User agrees not to use the Website or the Services for any illegal, obscene, abusive, offensive,, improper or debatable purposes, to sell goods or services or offer them for sale, to carry out or forward surveys, competitions or chain letters, or for any purpose forbidden by the Terms of Use and/or applicable laws.

The User agrees not to publish or store on the Website any software, information, data, database, music, audio/video/audio-visual files, photographs, images, documents, text, digital files or other materials that violate intellectual property rights (including copyrights, trademarks, commercial secrets, patents, advertising rights or, to the extent protectable, confidential ideas). Any illegal or unauthorized use of the Website, including but not limited to, framing the Website or linking to unauthorized websites or using unauthorized robots, spiders or other automated devices on the Website, will be investigated and subjected to all appropriate legal action, including action in the civil courts.

The User agrees not to use the Website and the Services for the following: illegal or unlawful purposes against public order or morals or to infringe on the rights of others; not to transmit materials and/or messages that encourage third parties to engage in unlawful and/or criminal conduct subject to administrative, civil or criminal penalties; and not to take action that results in an unreasonable burden or excessive IT load on the systems of the Website.

It is forbidden to use any automated or manual practice, device, process, software, program, algorithm, methodology or routine, including, without limitation, robots, spiders or other similar processes or functions, in order to interfere or attempt to interfere with the Website or the Services.

The User must not use the Website or the Services for the purpose of or in order to cause losses for expert.ai or third parties and, therefore, must refrain from carrying on competing activities or any activities that damage or prejudice the economic and other interests or reputation of expert.ai, other users or third parties.

Should the Terms of Use be violated, expert.ai reserves the right to terminate access to the Website and the Services without notice and to delete the data provided.

Should expert.ai receive reports of possible complaints or violations by Users or suspect that use of the Services violates the Terms of Use and, in particular, the intellectual property rights of expert.ai or third parties or other applicable laws, expert.ai may, at its sole discretion and without notice, suspend or terminate access to the Website and the Services.

Limitations on use

A non-exclusive license is granted to view the content of the Website, but only during the live session. Except to the extent necessary for the limited purpose of examining the materials on the Website, all electronic reproduction, adaptation, distribution, execution or display is forbidden. All commercial use of any content for the purpose of profit is strictly forbidden. It is also strictly forbidden to use any of the trademarks owned by expert.ai as metatags on other websites.

Permission to use the Website and Services is understood to be automatically revoked should the Terms of Use and applicable laws be violated in whole or in part.

The User is entitled to visit, view and retain a copy of the pages on the Website for personal use, agreeing not to duplicate, download, publish, modify or otherwise distribute Website materials for any commercial use or for any purposes other than those described in these Terms of Use.

The User also agrees not to deep-link to the Website for any purpose, unless specifically authorised to do so by expert.ai (e.g. by using functions offered via the Website).

Publication of content or linking of sources

Expert.ai reserves the right to refuse to publish or to delete any User content or linked source, for example if it contains or presents any of the following unacceptable content:

• offensive, damaging and/or abusive language, including without limitation: swearing, blasphemy, obscenities, abuse, vulgarities, sexually explicit language or hate speech (e.g. racist/discriminatory talk);
• references to illegal and/or unlawful activities, price gouging, misleading advertising or violations of health rights (e.g. food poisoning, foreign objects in food, etc.);
• messages commenting on other users;
• content that includes personal attacks or describes physical altercations and/or sexual abuse;
• advertising or commercial content or materials that are inappropriate with regard to the matter addressed;
• language that violates the rules of good taste or the standards of the Website, as determined by expert.ai at its sole discretion;
• content that expert.ai deems illegal or in violation of any law or local, state or EU regulation, or the rights of any other natural or legal person;
• language intended to imitate other users (including the names of other persons) or user names or signatures that are inappropriate or offensive;
• content that is encrypted or contains viruses, trojans, worms, time bombs, robots or other IT techniques designed to damage, interfere with, intercept or misappropriate any system, data or personal information.

Industrial and intellectual property

Except for the content provided by Users or linked to or deriving from an external source, all the information and materials appearing on the Website or as part of the Website and the Services (including text, graphics, images, illustrations, drawings, icons, photographs, video clips, audio clips, interfaces, software, logos, titles and names, collectively the “intellectual property”) are, unless stated otherwise in writing and agreed upon with the entitled parties, the property of expert.ai and governed by the Terms of Use.

The Website and the intellectual property are protected by the Italian laws governing copyrights, distinctive signs and trademarks, as well as by the laws of the European Union, international treaties and conventions and the laws of other countries to the extent applicable.

Except for information in the public domain and that for which the User has obtained permission from expert.ai, the User may not use, reproduce, copy, modify, publish, transmit, distribute, execute, display, download, grant under license, include in databases, use to create derived works, subject to reverse engineering, transfer or sell any intellectual property, information, software or products obtained from or via this Website or the Service, whether in whole or in part.

The User is responsible for the content and materials made available using the Website and the Services; by making content and materials available, the User confirms and guarantees that they do not violate the Terms of Use.

The trademarks, domain names, logos and slogans that appear with or relate to the Services are the property of expert.ai or its commercial partners, affiliated companies, agents or Group companies. The User may not copy, publish or use them without prior written consent from expert.ai or the legitimate third-party owners of the related rights.

Use of the Website and the Services does not grant Users any rights to use, or licenses to use or reproduce, the trademarks of expert.ai or third parties.

Reports

The User may notify all violations or non-compliant use of the Website or the Services by writing to [email protected] 

Limitations of liability

Expert.ai is not responsible in any way for the accuracy of the information provided by Users. Use of the Website and the Services is entirely at the User’s own risk.

Despite periodically checking the content of webpages pointed to by the Website or reachable via any advertising banners (and/or other advertising spaces) present on the Website, expert.ai does not accept and so declines all responsibility for such content. Although the Website is checked periodically, expert.ai cannot guarantee that it is immune from viruses or other potentially damaging software. The User must always apply the most updated protection measures before accessing the web and carrying out any operations including, in particular, the download of documents and software.

Expert.ai declines all responsibility for any damage, losses or loss of profits not caused by its direct and/or indirect negligence that may be incurred by the User or third parties in relation to use of the Website and the Services, or the information contained in them including, but not limited to, financial losses, the loss or corruption of data, and loss of benefits or interests, unless otherwise agreed to by expert.ai.

The liability of expert.ai for any losses and/or damage suffered by the User due to the content of the Website or in relation to the Services is limited to the elimination of the content or materials concerned within a reasonable period, or to the adoption of any other action deemed useful and appropriate.

IT pirates might gain access to the Website, changing its content and adding damaging materials such as viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or any other type of destructive software that might damage the IT equipment or property of others. In that case, expert.ai declines any and all responsibility for the damage, losses or changes generated for the User by those third parties. Should circumstances allow, expert.ai will notify Users about any interruptions to the normal functioning of the Website and the Services.

Expert.ai will not be liable under any circumstances should the User attempt to access the Website using an obsolete computer or software, with respect to those normally used to access the Internet. Expert.ai declines any and all responsibility for any losses or adverse consequences of any kind caused by interruptions or the lack of availability, reliability or usability of the Website and the Services due, in particular and by mere and incomplete way of example, to access errors, or for the speed and reliability of the User’s access to the Internet or any other types of network communications. Expert.ai declines all responsibility for losses or any other circumstances deriving from the removal, theft or use of any User identification (username and password) relating to the Website.

Should applicable laws not allow exclusions or limitations of liability or the warranties given to Users, the above limitations will apply to the full extent allowed by law.

Indemnities and compensation

The User agrees to compensate, defend and hold free expert.ai, its agents, collaborators, directors and employees from and against all claims, actions, demands, liabilities, costs and expenses including, by mere and incomplete way of example, reasonable legal costs deriving from the violation of any clauses contained in these Terms of Use or from any guarantees given in this document or otherwise deriving from any use of the Website and/or the Services.

Amendments/notice of termination

Should User access to the Services be terminated, the User will remain bound by the obligations deriving from these Terms of Use and any additional conditions, including the guarantees given by the User, and by the various exclusions and limitations of liability. In addition, expert.ai is not liable to the User or third parties for any termination of User access. Users may however withdraw from the Terms of Use at any time by canceling their registration for the Service without prejudice to the provisions specified in the previous sentence.

General clauses

The Terms of Use, the rights and obligations of Users and expert.ai and all actions envisaged under this agreement are governed by Italian law. Any disputes arising between the User and expert.ai will be referred to the sole jurisdiction of the Modena Court, without prejudice to any different assignment of jurisdiction specified by the law in favor of the User.

Use of the Services is not authorized in jurisdictions that do not recognize the validity of all the clauses specified in these Terms and Conditions including, but without limitation to, this paragraph.

No joint venture, partnership, employment or agency relationship is established between the User and expert.ai as a consequence of these Terms of Use or use of the Services or the Website.

Should any of these Terms of Use be invalid or inapplicable under the law including, but not limited to, the above exclusions of warranty and limitations of liability, the remaining provisions will remain effective and in full force and the invalid and/or inapplicable clause will be replaced by the valid and applicable clause that most fits with the rationale and spirit of the original clause.

Execution of the Terms of Use by expert.ai is subject to all current and applicable laws and procedures, and nothing contained in these Terms of Use waives the right of expert.ai to comply with requests or requirements deriving from the application of those laws.

Version no. 01 dated 01/04/2020