TERMS OF USE

Overview

The following are terms of a legal agreement between you and Avantune S.r.l. (Owner and operator of Genialcloud.com Cloud service), hereafter referred to as THE COMPANY. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Website. THE COMPANY may, without notice to you, at any time revise these Terms of Use and any other information contained in this Website by updating this posting. THE COMPANY may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General

This Website contains proprietary notices and copyright information, the terms of which must be observed and followed. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without THE COMPANY 's prior written consent, except that THE COMPANY grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, use of this Website. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, THE COMPANY does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media.

Certain disclaimers

Information on this Website is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. THE COMPANY assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site. THE COMPANY provides no assurances that any reported problems will be resolved by THE COMPANY, even if THE COMPANY elects to provide information with the goal of addressing a problem.

Confidential information

THE COMPANY does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to THE COMPANY will be deemed NOT to be confidential. By sending to THE COMPANY any information or material, you grant it an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that THE COMPANY is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to THE COMPANY for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled "Privacy" for information regarding THE COMPANY’s privacy policies.

Global availability

Information THE COMPANY publishes on the World Wide Web may contain references or cross references to THE COMPANY products, programs and services that are not announced or available in your country. Such references do not imply that THE COMPANY intends to announce or make available such products, programs, or services in your country. Please consult your local partner contact for information regarding the products, programs, and services that may be available to you.

Business relationships

This Website may provide links or references to Websites and resources that do not belong to THE COMPANY. THE COMPANY makes no representations, warranties, or other commitments whatsoever about any non- Avantune Websites or third-party resources that may be referenced, accessible from, or linked to any site of THE COMPANY. A link to a non- Avantune Website does not mean that THE COMPANY endorses the content or use of such Website or its owner. In addition, THE COMPANY is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Avantune site of THE COMPANY. Accordingly, you acknowledge and agree that THE COMPANY is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a Website that does not belong to THE COMPANY, please understand that it is independent from THE COMPANY, and that THE COMPANY does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this Website must be approved in writing by THE COMPANY, except that THE COMPANY consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with THE COMPANY; (c) imply that THE COMPANY approves or endorses you, your Website, or your service or product offerings; and (d) present false or misleading impressions about THE COMPANY or otherwise damage the goodwill associated with THE COMPANY name or trademarks. As a further condition to being permitted to link to this site, you agree that THE COMPANY may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease using any trademark of THE COMPANY.

Translations

Certain text in this Website may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and THE COMPANY makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

Disclaimer of Warranty

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, THE COMPANY MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

Private Policy

Genialcloud are solely owned and operated by THE COMPANY. By using the Genialcloud.com website you are bound by the Notice of Assessment, Private Policy & Terms of Use as highlighted in this agreement. THE COMPANY is committed to maintaining the security and accuracy of all personal information provided by its current and potential customers, affiliates and associates. THE COMPANY 's Privacy Policy regarding the collection, storage, use and disclosure, if any, of personal information is built upon the principles of the Personal Information Protection and Electronic Documents Act (PIPEDA) established by the Canadian Federal Government (Canada), CAN-SPAM Act of 2003 (USA), Data Protection Code (Legislative Decree no. 196/2003) (Italy).

By using any of the sites within our website network ("Website") or our Services, you unconditionally agree to be bound by this Privacy Statement.

THE COMPANY collects personal information through its websites, marketing campaigns and other initiatives. By voluntarily submitting your personal information to THE COMPANY through these channels, you are providing full consent that THE COMPANY may use your personal information to provide you with requested information via phone, email or fax communications. THE COMPANY will also periodically use your personal information for the purposes of marketing research and to offer you new products and services.

Accountability

THE COMPANY is a business-to-business organization and does not conduct business with the consumer market segment. We have designated a Privacy Officer who is accountable for THE COMPANY 's compliance with our policies and PIPEDA. THE COMPANY is responsible for maintaining and protecting business information of employees of organizations buying products and services (or interested in buying products and services) from THE COMPANY. All information collected from individuals is business contact information and is done with their explicit consent.

To maintain consistency and to ensure the utmost security of personal information, all THE COMPANY employees globally have been made aware of the Privacy Policy and have been advised of the responsibility for day-to-day compliance.

We sometimes use outside companies, called third parties, to help us provide the product or service you request. Regardless of the location of these third parties, THE COMPANY requires these third parties to comply with privacy legislation and THE COMPANY’s Privacy Statement. Certain third parties may be located in the United States, Europe and/or Asia Pacific and therefore may also be subject to privacy and security legislation in their respective countries.

Consent

THE COMPANY will collect, use or disclose personal information only with your previous knowledge and consent. At any time and within reasonable notice you may withdraw your consent to any advertising and/or promotional lists by contacting na.unsubscribe@avantune.com. Consent for personal information collected in the process of payment fulfillment, delivery, product updates, terms and policy changes, or any other means to allow the supply of THE COMPANY product or service may not be withdrawn.

In given circumstances either by law, legal process, litigation and/or by request from governmental bodies your personal information may be disclosed. If it is a matter of legal enforcement, national concern, or other issues of public importance, disclosure of personal information may be appropriate and/or required.

What data do we collect and how do we use it?

THE COMPANY collects and processes information about you in order to:

• Identify you each time you visit a Website or wish to have a Service provided
• Process applications submitted by you
• Improve our Services and Website
• Customize your experience, for example, provide information that we think is relevant to you and which supports any specific requests for information you may make through keyword searches
• Carry out research on the demographics, interests and behavior of all of our customers
• Send you information we think you may find useful, including information about new products and services.

You may be asked, either when you register with us, or at other times, for information about yourself, such as your name, company, e-mail address, address and telephone number.

You are under no obligation to provide this information, but if you don't then we may not be able to provide you with certain services or personalize your experience and tailor our Services for you.

Limiting Use, Disclosure, and Retention

The personal information collected shall only be used and/or disclosed for the purposes it was initially collected for and for reasons outlined within this Policy.

Avantune will retain your personal information for as long as it is required to provide you with Avantune products and services as outlined in this Policy unless further retention beyond its purpose is required or permitted by law.