Terms of use

The present document defines the conditions of use ("Conditions of use") of "nuiSense Business" paid software by di-erre software s.r.l. (hereafter "App") by relevant users ("Users"). di-erre software s.r.l. situated in P.za Appio Claudio, 8 –ZIP CODE 20124 Milano, V.A.T., Tax Identification Number and Milan Company Registered n. 04759770961 (hereafter "DI-ERRE") is the proprietor of the App. The App is reserved to adults over the age of 18. The User purchases only the right to use the App ("Right of use"). The use of the App entails the clean acceptance of the present Conditions of Use. The Conditions of Use will be valid and in force until they will be modified and/or integrated by DI-ERRE. Any possible modifications and/or integrations to the Conditions of Use will be in force from the date they will be published on http://www.nuisense.com website (hereafter "Website") and/or in the section to the relevant application on all the devices where it is present and/or can be downloaded and will be applied to the activations performed from that date on. The latest updated version of the Conditions of Use can be downloaded from the above mentioned website.

1. Preliminary Indications

   The devices (tablet, computer, applications, other means of telecommunication, etc.) which allow the installation and the use of the App along with eventual costs of telecommunication necessary to use this service are at the User's charge. DI-ERRE expressly inform the User that, in case the App update requires any change in the software or in the User device, they will fully be at the User's charge.

2. Features of the App

   The use of the App is at fee and it consists in the fruition and share (also with third Parties) of multimedia contents duly preset by the User. The cost of the Right of Use will be debited to the User at the time of purchase .The App connects to some subscription services ("Registration Services") which allow the User to register the device to use the App from. DI-ERRE is not liable for eventual interruptions of the supply of Registration Services due to causes which are not directly connected to DI-ERRE and/or go out of their technical control. DI-ERRE reserve the right to modify, suspend and/or interrupt at any time wholly or partially, at its exclusive discretion the supply of Registration Services and/or the publication of the App in Windows Store, without any notice and without any obligation to refund at DI-ERRE charge. In case the Registration Services are temporarily or permanently suspended by DI-ERRE, the Users will have the faculty to ask for information contacting the customer support according to the instructions indicated in the relevant section of the present document. DI-ERRE reserve the right to stop or suspend, at any time and without notice the supply of Registration Services to the Users who break the clauses in the Conditions of Use and reserve also the right to permanently disable or cancel the subscription of the User and all relevant information and/or block any possible future access to the Registration Services.

3. Purchase and Management of the App registration

   The Right of Use of the App can be purchased from the section on the website and following the relevant instructions. To complete the purchase procedure the User will receive a code to use, through the Registration Services, to register the device on which the App is installed. Upon the device registration the User will be able to use the App. The User has the right to Use the App on several devices but not at the same time, therefore at any time, through the Registration Services, the User can disable the current registration and proceed with the registration of a different device.

4. Exclusion of the right of withdrawal

   The sale of products on the Internet is disciplined by clause no. 47, 48 and 64 of Decree 206/2005 ("Consumer code"). The law includes the right of withdrawal of the contracts for online products sales and grants the Consumer the right to return the purchased item and to be wholly refunded within 10 days from the item receipt. However as per clause no.55, second paragraph of the Consumer Code, the Customer will not have the right of withdrawal in the following cases: - supply of audiovisual products or information software sealed which have been opened by the Customer; - supply of tailored or personalized products which cannot be returned or risk a fast deterioration or alteration; - supply of newspapers, periodicals and magazines - the right of withdrawal moreover cannot be claimed by the Customer whereas the product is not entire or: - when the original packing is missing; - if some elements of the product are missing; - if the item has been damaged by the Consumer. The User will therefore not have the right of withdrawal as per clause no.64 of the Decree 206/2005 starting from the moment of the first registration by means of the relevant code sent after the purchase, which is totally comparable to the opening of the sealed software.

5. Warranties exclusion

   DI-ERRE do not acknowledge any additional warranty further to the ones included in the present Conditions of Use: the User will use the App under his/her full and only responsibility and the use of the App will comply with all the instructions provided by DI-ERRE.

6. User obligations

   The Customer declares and grants the following: (i) to be over the age of 18; (ii) the data provided by him/her for the execution of the Contract are correct and truthful; (iii) he/she will update the data provided to DI-ERRE when necessary.

7. Limitation of Liability

   In no case shall DI-ERRE be considered liable for the malfunction of the Registration Service due to faults, overloads and even temporary interruptions by worldwide and domestic telephone, electricity carriers. No compensation can be claimed to DI-ERRE for direct and/or indirect damages due to the use or non use of the App.

8. Intellectual property right of the App

   The App, the Site, the brands, the logos, the graphics, the photos, the animations, the videos, the texts and any other contents are intellectual property of DI-ERRE or of the entitled third parties and cannot be reproduced, used or represented without the explicit authorization of the entitled parties. The rights of user granted by DI-ERRE to the User are strictly limited to the use of the App. Any other use by the User, without DI-ERRE authorization, is forbidden. In particular, the User cannot modify, copy, reproduce, download, spread, transmit, exploit the App for marketing and/or distribute the App and/or the contents of the Website in any case.

9. Jurisdiction and competent Court

   The present contract is subject to the Italian jurisdiction. The language of the present Contract is Italian. In case of disputes which might derive from an incorrect translation of the present Contract the Italian version of the present Contract will be valid. In case of dispute the competent Court will be Milan.

10. Prohibition of assignment

    The present Contract is strictly personal and therefore the User does not have the right of complete or partial assignment or to assign it to third parties, without previous and explicit written authorization of DI-ERRE.

11. Payment procedure

    Bank Transfer: By selecting the bank transfer as payment method while during the online purchase the user will receive all instructions to complete the payment and will be given a reference order number (mandatory reason for payment) he/she will have to keep and communicate to DI-ERRE if required. The reference order number given to the User at the end of the online purchasing process will have to be obligatorily specified in the reason for payment of the Bank Transfer. DI-ERRE will send the registration code to the User upon payment receipt. To speed up the purchasing timing, at the end of the purchasing procedure the User is invited to email a copy of the payment receipt to the following email address: payment@nuisense.com, specifying in its subject " nuiSense Business purchase "and the relevant order number.