TERMS OF USE

SEVIO System Terms of Use

Dear User,

By subscribing to our portal https://portal.sevio.it/ (referred to as “SEVIO Portal”) for the use of the SEVIO System you confirm that:

  1. you will provide precise and complete registration data and that you will inform us of any changes to your registration data;
  2. you have the legal capacity to sign these binding Terms of Use;
  3. if you are acting on behalf of a legal entity (such as a company or association), that you are authorised to sign these Terms of Use in the name and on behalf of such legal entity;
  4. by accessing the SEVIO Portal in order to use our Services, you undertake to comply with all laws and regulations in force in the country where the SEVIO Router is located and in which it is installed.

By accepting these Terms of Use via the “ACCEPT” button, you confirm that you have read this agreement carefully and accept all the terms and conditions described herein for the use of the SEVIO System provided by SEVIO s.r.l., a company incorporated under Italian laws with registered office in Bergamo, Via dei Caniana, 6/A.

  1. Purpose of the contract.
    1. SEVIO s.r.l. (referred to as “SEVIO”) has designed and provides the User, who agrees to use it, with the SEVIO System (referred to as the “Service” or the “SEVIO System” without distinction) pursuant to this agreement.
    2. The SEVIO System makes it possible to interlink several networks, making dialogue between Control Points (PCs, tablets, smartphones) and geographically dispersed networks or devices simple and immediate, in order to enable the User to carry out activities oriented towards industrial remote control, such as remote assistance, data collection, remote maintenance.
    3. The SEVIO System consists of:
      1. SEVIO Router. Hardware device installed on board the machine, featuring network interfaces for connection to the Internet and to automation networks; SEVIO Router is supplied by SEVIO and its business partners;
      2. Control Stations. Personal devices (PC, tablet, smartphone, etc.) suitably configured by the User in order to operate on remote devices are defined as “Control Stations”;
      3. SEVIO Infrastructure. The infrastructure of networks, servers, networking equipment, etc. aimed at providing the Service, in particular:
      4. Concentrators. Servers distributed geographically in order to act as end-points for VPN tunnels with SEVIO Routers and Control Stations.
      5. SEVIO Portal. The control and management centre that allows the configuration and monitoring of the User’s SEVIO Routers in a secure, authenticated and authorised manner.
  2. User’s obligations and compliance with the legislation of the place where the SEVIO Router is installed.
    1. The User shall be obliged to use the SEVIO System in a prudent and responsible manner, and therefore undertakes not to use the SEVIO System:
      1. to violate the industrial or intellectual property rights or privacy rights of third parties;
      2. to obtain personal information or monitor others without authorisation;
      3. to violate the legislation of the country in which the User is located when using the SEVIO System or that of the place where the SEVIO Router is installed.
    2. The User is responsible and obliged to comply with the legislation in force in the country in which the User installs the SEVIO Router and uses the SEVIO System and declares from now on that he or she will use it exclusively for lawful and legitimate purposes.
    3. The User is aware that the use of communication systems is associated with specific security problems and consequently undertakes to adopt all appropriate measures to ensure the security of its systems, such as, including but not limited to: keeping credentials in safe places; not sharing credentials with other people; not reusing the same credentials for other services; keeping the Control Stations up to date and not compromised; and promptly changing credentials in the event of a Control Station being compromised.
    4. The User is entitled to extend his/her access rights to third parties, in which case the User assumes responsibility for the activities carried out by the persons delegated by him/her.
    5. The User must ensure that the performance of his/her Internet connectivity is adequate for the User’s own needs and that the Service is suitable for the specific purpose requested by the User.
    6. The User declares that he/she is aware that SEVIO makes its infrastructure available in order to use the SEVIO Router hardware and therefore accepts that any atypical uses, for example the use of routers other than that of SEVIO, unless expressly authorised by SEVIO, may result in the restriction and/or suspension of the Service.
    7. The User undertakes not to abuse network resources, for example by producing abnormal traffic, even if legitimate.
    8. The User undertakes to promptly notify SEVIO of any security vulnerability of which the User becomes aware by immediately informing SEVIO by means of a communication sent to security@sevio.it according to the principles of “responsible disclosure”.
  3. Continuity of Service and SEVIO’s Obligations.
    1. SEVIO’s infrastructure adopts high quality hardware and systems, located in data centres of primary importance and equipped with backup power supply and connectivity; the Service is provided on a “best effort” basis: in this sense, SEVIO shall make every reasonable effort to ensure that the Services are available 24 hours a day, 7 days a week.
    2. The User declares being aware of the fact that maintenance activities, i.e. causes of force majeure or line failures, could cause interruptions to the Service, and therefore in all such cases the User forthwith declares that he/she has nothing to claim from SEVIO, not even in terms of compensation.
    3. In the event of necessary maintenance activity on the Service, SEVIO undertakes to schedule such activity outside the User’s office hours, unless causes beyond SEVIO’s control require such activity to be performed during office hours; SEVIO undertakes to inform the User of the time required for such activity if the time required for maintenance exceeds 1 hour.
    4. Extraordinary and unforeseeable events (e.g. health emergencies, earthquakes, hurricanes, conflicts, rebellions, etc.) and in any case any event, independent of SEVIO’s acts or omissions, that prevents the regular use of the Service, constitute causes of force majeure.
    5. Line faults on telephone lines belonging to and/or operated by third parties are anomalies that make it impossible for SEVIO to provide the Service.
  4. Non-disclosure Commitment.
    1. SEVIO undertakes to keep its infrastructure secure by adopting all best practices in terms of security, implementing multiple levels of protection, promptly updating the systems and adopting a corporate security management system.
    2. SEVIO undertakes to keep secret and confidential any data or information of which it becomes aware, without prejudice to requests or instructions from judicial authorities.
    3. SEVIO undertakes to:
      1. consider confidential information as strictly private and to adopt all reasonable measures aimed at keeping it as such;
      2. use confidential information solely for the purpose for which it was provided or disclosed, undertaking not to disclose it to third parties with respect to the Prior market consultation in question;
      3. not use such information in such a way as to cause any kind of damage to the parties involved in the Prior market consultation;
      4. not use in any way the data and information in question for commercial purposes, nor carry out activities based on them;
      5. ensure utmost confidentiality, also in compliance with current legislation on trademarks, copyrights and patents for industrial inventions and on the basis of national and EU privacy legislation, with regard to the know-how and all the information acquired, which may not in any way, in any case and for any reason whatsoever be used to the advantage of itself or others and/or disclosed and/or reproduced or otherwise made known to third parties.
    4. The User acknowledges and accepts that the security of the entire SEVIO System is determined by the synergy of all users of the SEVIO System (Users, End Customers, Operators, etc.), and therefore undertakes to carefully assess and personally carry out an overall risk analysis, as the User remains the sole owner and party responsible for all data passing through the SEVIO infrastructure.
    5. In any case, SEVIO undertakes to promptly notify the User of any violations of its data.
  5. Suspension and Interruption of Service.
    1. SEVIO shall be entitled to suspend the Service without notice and without this being a source of liability in the following cases:
      1. if required by laws or regulations or imposed by national or supra-national law enforcement agencies or government authorities (both Italian and belonging to the place of use of the Service and installation of the SEVIO Router);
      2. in any case in which SEVIO reasonably believes that the suspension of the Service is necessary to protect its network or to protect all other Users;
      3. if the Service is used in breach of this contract, or in any case in an unlawful and/or illegitimate manner according to the regulations of the countries involved in the use of the Service.
      4. in case of non-payment of the Sevio System by the User.
    2. In all such cases, SEVIO will send the User a notice of suspension of the Service for 5 days to the email address provided by the User; once this period has elapsed, if the cause for suspension remains, SEVIO shall be entitled to interrupt the Service definitively without the need for any further communication.
  6. Effects and damage caused by the interruption or suspension of the Service.
    1. Although the SEVIO System is designed to maximise reliability and dependability, the User is aware that interruptions or suspensions of the Service for the causes described in Articles 4 and 5 above are possible; in such cases, the User must prevent the safety of persons or property from being affected.
    2. SEVIO disclaims all liability for injury to persons or damage to property caused by the interruption or suspension of the Service.
    3. The User acknowledges and accepts that under no circumstances shall SEVIO be liable for any increase in costs or expenses, loss of profit, sales contracts, expected revenues or savings, or damage of any kind, whether indirect or consequential, deriving from this agreement.
    4. Indirect losses or damage, financial or commercial losses, loss of profit, increase in overheads, interruption of planning, loss of expected profits, customers or savings are considered, by way of example only.
  7. Implementation and modification of the Service.
    1. In order to continuously improve the Service, SEVIO reserves the right to modify and/or add functionality, with the possibility of changing the technical characteristics of the Service provided and the Sevio System without any obligation to inform the User.
    2. SEVIO disclaims all liability in relation to direct or indirect damage caused by the release and/or absence of release of new versions of the Service; in the event of defects in the services offered, SEVIO will make every reasonable effort to provide a solution as soon as possible.
  8. Intellectual Property of SEVIO s.r.l.
    1. Use of the Service does not give the User any entitlement to intellectual and industrial property rights owned by SEVIO, which is and remains the exclusive owner of all rights relating to ownership and use of its patents, trademarks, copyrights and know-how.
    2. The User is under no circumstances authorised, by accepting this agreement, to publish, distribute, create derivative works, carry out reverse engineering activities or reproduce any other form of content and/or material extracted from the website www.sevio.it and/or the SEVIO Portal.
    3. In the event of any breach of this obligation, SEVIO reserves the right to suspend and subsequently interrupt the Service according to the methods and schedules set out in Art. 5.
  9. Rights of third parties.
    1. Third-party software supplied or mentioned in the Service documentation is subject to the conditions of the respective manufacturer, supplier or owner of the software itself; by accepting this agreement SEVIO does not supply and/or issue any authorisation for the use of third-party rights or products belonging to them.
  10. Term of the Agreement.
    1. This agreement enters into force on the date of first use of the SEVIO System and, following its acceptance, will continue for the entire duration of use by the User.
    2. This agreement shall cease in the event of interruption of the Service pursuant to Articles 5 and 8 of this agreement, or in the event of a specific request to that effect by the User, expressly sent to legalnotice@sevio.it.
  11. Amendments to this agreement and previous agreements.
    1. SEVIO reserves the right to unilaterally amend this document; in this case, SEVIO will publish the new document for the exact information of the User, who shall be entitled to withdraw by communicating such intention in writing to legalnotice@sevio.it.
    2. This agreement replaces all previous talks, correspondences, negotiations, agreements, acknowledgements or contracts concerning the use of the Service between SEVIO and the User.
  12. Governing law and jurisdiction.
    1. This agreement is subject to Italian law.
    2. Any dispute arising from this agreement shall be expressly devolved by the parties to the exclusive jurisdiction of the Court of Bergamo.
  13. GDPR Privacy Policy.
    1. This agreement does not constitute a formal agreement on the processing of personal data which is subject to a separate agreement between the User and SEVIO s.r.l., and can be viewed in the “Privacy Policy” section.
    2. The User’s personal data communicated by the User and processed by SEVIO s.r.l. in execution of this agreement are name, email and optionally telephone number.
    3. The User shall be entitled to invite other Users to the SEVIO Portal: to manage the invitation, the email address of the recipient, for the processing of which the User is responsible, is temporarily processed; without the authorisation of the invited User to process its personal data for the purposes essential to the provision of the Service, SEVIO will be unable to provide such Service.

SEVIO s.r.l.