- Terms of the Service
- This website (the “Website”) belongs to and is managed by Aegidea S.r.l., Via Plinio 70, 20129 Milano, Italy, fiscal code and V.A.T. 08949920964 (the “Company”). The use of the Website and the timestamping and proprietary data integrity system supplied by it (the “Service”) is subject to the following terms and conditions (the “Terms” or the “Contract”) that the user (the “User”) accepts by mean of the simple accessing the Website or by mean of express consent whenever required. The User is therefore invited to read these Terms and/or to print a copy of them for future reference.
- According to art. 66 quater of legislative decree n. 206/2005, for the resolution of disputes arising from the precise application of the Terms, the User may resort to the alternative dispute resolution procedures as defined in legislative decree n. 28/2010. It is also possible for the User to access the voluntary negotiation procedures defined by art. 2 comma 2 of the same legislative decree n. 28/2010. According EU regulation n. 524/2013 and directive 2013/117UE, the User may lodge a complaint versus the supply of the Service in front of the ADR bodies listed at https://webgate.ec.europa.eu/odr/main/?event=main.home.show .
- Service
- This Website allows the User to upload one or more digital documents (the “File/s”), in order to generate a legal evidence of the existence of the File/s at a certain date, as well as to check the integrity of the very same File/s in the course of time.
- By uploading the File/s on the Website, it will be paired with a simple autorship statement related to the work included in the File/s (the “Statement”), automatically generated on the basis of the personal data supplied by the User by mean of the registration on the Website; the User is the sole responsible for the correct upload o the Website of her personal data. The File/s and the Statement will be then marked with a certified timestamp (certified following deliberation CNIPA 45/2009 e ss. mm.), as well as signed by a proprietary data integrity algorithm, in order to monitor the integrity of the File/s and the Statement.
- The signature of the File/s and the Statement generated by mean of the proprietary data integrity algorithm will produce a unique code (the “Hash”), which represents an univocal image of such digital documents, that is suitable for the appreciation of their integrity over time. The uncorruptedness of the digital document which includes the File/s and the Statement is verified by the invariance of the Hash over time.
- In order to safeguard the supply of the Service, the Company reserves itself the right to keep a copy of each generated Hash for a maximum span of 90 (ninety) calendar days from de date of termination of the Contract with the User.
- Once the File/s and the Statement have been stamped and signed, and the Hash has been produced:
- in case the User purchased the Service for the uploading for a single File/a single group of Files, they will be kept on the servers used by the Company for a maximum of 90 (ninety) calendar days after the uploading of the File/the single group of Files, and within such period the User will have the possibility to download it from the Site;
- in case the User purchased the Service for the uploading of more than one File/more than one group of Files, they will be kept on the servers used by the Company for a maximum of 90 (ninety) calendar days, to be calculated from the day the Contract was terminated, within which the User will have the possibility to download them from the Site (the “Maximum Storage Time”). For determining the duration of this Contract we refer to the relevant part of the Site which states the subscription plans which are available for the User.
- Once the Maximum Storage Time has expired, the File/s and the Statement, duly stamped and signed, together with the Hash, will be deleted from the servers used by the Company, unless the User renews the Service before the Maximum Storage Time elapse. In case of such renewal, the data previously uploaded will be kept on the Company’s servers until the new term of the Contract.
- The Company shall not be deemed responsible in case of cancellation of the File/s and the Statement, duly stamped and signed, as well as for the cancellation of the Hash, once the Maximum Storage Time has elapsed.
- The Company will make available to the User a maximum storage space on the servers used by the Company for the storage of the uploaded files (the “Storage Space”) which is well-defined at the moment the Service is purchased and at each renew.
- The Storage Space and the maximum number of Files/groups of Files to be uploaded by the User may vary depending on the subscription purchased by the User. For the correct calculation of the Storage Space, please refer to the relevant part of the Site which states the subscription plans which are available for the User.
- In the remote case in which the File/s, the Statement or the Hash are lost and/or cancelled and/or damaged and/or made unreadable, alse in light of reasons non ascribable to the Company, the Company commits itself to indemnify the User.
- The Company reserve itself the right to interrupt the supply of the Service for the maintenance or the update of the IT system; in such cases, the Company will keep the Users updated by mean of regular updates on the Site. In case of interruption of the Service for maintenance or the update of the IT system, the days in which the interruption occurred will not be included in the days calculation for the definition of the Maximum Storage Time.
- In case the Site should cease the supply of the Service, for whatever reason, such circumstance will be promptly communicated to the User (the “Notice”). In case at the time of the Notice the User holds an ongoing subscription which includes the benefit of a Maximum Storage Time equal or greater than 90 (ninety) calendar days, such Maximum Storage Time will be reduced to 90 (ninety) calendar days starting from the Notice, reserved the right for the User to withdraw and to subsequently obtain the proportional reimbursement of the price, following the formula defined in paragraph 7.2 below.
- Statements and Guarantees of the Company
- Throughout the supply of the Service, the Company will not in any case become aware of the content of the File; as a consequence, the Company shall not be deemed in any case responsible of the potential illicitly of the content of the File/s.
- The content of the File/s will be kept confidential and will not be disclosed to the Company, nor it/they will be disclosed to third parties.
- In exceptional cases, in compliance with an order validly imposed by the relevant judicial authorities, or by public authorities in general, the Company reserve itself the right to access the document/s included in the File/s.
- The Company grants to the User that the treatment of her persona data will be performed by the Company itself according to the Company’s Privacy Policy.
- Statements of the User
- The User states, under her own responsibility:
- that the personal and distinctive data provided to the Company are true;
- that the personal and distinctive data provided to the Company will allow a rapid communications medium in case the Company has the need to get in touch with the User;
- that she is the author of the work of art included in the File/s that wil be uploaded on the Site;
- that by using the Service no infringement of third parties’ IP rights will be committed;
- that by using the Service no infringement of criminal laws will be committed;
- that she is aware that the storage of the File/s on the Site does not give a legal proof of autorship;
- that the File/s uploaded on the Site does/do not include any sensitive data, as defined by d.lgs 196/2003.
- The User states, under her own responsibility:
- Purchase of the Service
- The Service’s Purchase shall be made by express acceptance of the Terms without reservations, and is, unless otherwise agreed with the User, subject to payment of the fee indicated when the order is submitted for the Service.
- Before submitting the Order, the User may review its selection, verify the total amount of the order and correct any data entry errors. When the purchase procedure is completed, and in any case within 30 (thirty) days from such moment, the User will receive an e-mail confirming the activation of the Service and the finalization of the Contract, which will be sent to the e-mail address used to register on the Site, that will contain all the details of the service purchased.
- Duration
- In case the User will purchase the Service or the uploading of a single File/a single group of Files, the Contract is to be considered as immediate. The Company will in any case keep the File/s and the Statement, duly stamped and signed, together with the Hash, as provided by art. 2.5(i) above.
- In case the User will purchase the Service or the uploading more than one File/a single group of Files, the Contract will last 1 (one) year. The Company will in any case keep the File/s and the Statement, duly stamped and signed, together with the Hash, as provided by art. 2.5(i) above.
- No tacit renewal of this Contract is contemplated.
- Right of withdrawal of the User
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- As provided by art. 64 of d.lgs 206/2005, the User which purchases a charged Service may withdraw with no charge and with no need to specify the reasons of withdrawal within 14 (fourteen) days from the Service’s activation date (the “Prompt Withdrawal”). It is understood that the Prompt Withdrawal shall not be exercised in case the User partially used the Service before the expiration of the 14 (fourteen) days. In case the User will exercise its right of Prompt Withdrawal, the Company will promptly notify the User of the receipt of the relevant withdrawal notice, and will fully reimburse the User as soon as possible, and in any case within 30(thirty) calendar days from the receipt of the withdrawal notice, as provided by art. 67 of d.lgs 206/2005.
- The Prompt Withdrawal notice will have to be notified to the Company via registered mail by using the form hereattached under “A”, or by different written notice stating the will of the User to withdraw from the Contract, submitted via e-mail and/or registered letter and/or submitted to the Company by mean of the online form, as provided by art. 64 of d.lgs 206/2005.
- The User may withdraw from this Contract after the term defined for the Prompt Withdrawal, by giving proper notice to the Company including a good reason for the withdrawal (the “Ordinary Withdrawal”). The Ordinary Withdrawal may be exercised by the User until the Service has been fully supplied, and is deemed effective, from the moment the Company will be notified with the withdrawal notice. In such case, unless the case of special Service conditions linked to specific promotional offers, with reference to which the relevant reimbursement conditions as defined at the moment the Service was purchased will apply, the User will be entitled to a reimbursement calculated according to the following formula:
Reimbursement = Price paid – [Price paid x (months service was used/12)]
- The reimbursement provided by paragraphs 7.1 and 7.2 above will take place within and not later than 30 (thirty) days from the moment the Company will be notified with the relevant withdrawal notice, being it a Prompt Withdrawal or an Ordinary Withdrawal.
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- Payment and invoicing of the Service
- The User agrees to pay the Service fee by credit card or other payment instrument, and represents that it owns the credit/debit card used and/or has been authorised to use it by the owner thereof, and that all the information communicated to the banking institution responsible for the payment (such as name and address) are complete, correct and accurate. In addition, the User confirms that the credit/debit card is valid and that the information necessary to make the payment is correct.
- All credit/debit cardholders are subject to verification of validation and authorisation by the issuing institution. If the institution that issued the credit card refuses to authorise payment, the Company will not provide the Service and shall not be liable for any delay or failure to deliver. In addition, the Company shall not be liable for any fees applied by the issuing institution or the bank responsible for processing the credit/debit card payment in accordance with the order.
- The Company undertakes to send each relevant invoice related to the purchase of the Service within and not later than 60 (sixty) days starting from the date the payment was received by the Company.
- End of the Service
- In the case the Service will not be supplied anymore by the Company, and except for the case of bankruptcy proceedings, the Company undertakes to reimburse to each User a sum calculated on the basis of the formula stated above in paragraph 7.2, within and not later than the term stated above in paragraph 7.3.
- Assignment of the rights arising under these Terms to third parties
- For purposes of ensuring the best Service, the Company reserves the right to transfer, sell, convey by novation or subcontract all or part of the rights and/or obligations under these Terms, provided that the User’s rights under these Terms are not impaired.
- The User shall not sell or transfer in any way any of its rights or obligations under these Terms without the Company’s written authorisation.
- Limitations of Liability
- The Company shall not be held liable in any capacity for events relating to these Terms in regard to:
- pecuniary damages (including, by way of illustration, any actual damages and loss of data, profits, contracts, business or expected savings);
- loss of goodwill or reputation; or
- consequential or indirect damages incurred by the User, resulting from events relating to these Terms.
- The Company shall not be held liable in any capacity for events relating to these Terms in regard to:
- Miscellanea
- These Terms are in force from now and for the duration of the Contract.
- If any provision of these Terms is held invalid, void or otherwise ineffective, it shall be considered independent of the other provisions and shall not affect the validity or effectiveness of the other provisions of these Terms.
- Except as specified in article 1 above, notices between the Parties shall be made by ordinary e-mail, if to the User to the address it provided, if to the Company at the address info@proofy.co. For contract purposes, the User accepts that mode of communication, and is aware that all contracts, notices, information and other communications will come from the Company in electronic format. This provision shall not impair the User’s unwaivable rights.
- Communications from the Company shall be deemed received by the User 24 (twenty-four) hours after the transmission of the communication by e-mail.
- Applicable law and jurisdiction
- These Terms and all commercial transactions relating to this Site are subject to Italian law and the parties will refer any dispute to the jurisdiction of Italian courts, with the Court of residence of the User to have sole jurisdiction, unless the Company and the User will decide for accessing ADR procedures.
Attachment A – Model for communicating the Prompt Withdrawal