Terms of Use
These Terms of Use (“Agreement”) govern your access to and use of the TrakkemPro website, the TempTag website, and any associated mobile applications and software products (collectively referred to as the “Products”) and constitute a binding agreement between you (“User”) and Intelener Srl (“Company”).
By utilizing the Products, you (a) acknowledge that you have read and understood this Agreement; (b) confirm that you are at least 18 years of age or of legal capacity to enter into a binding agreement; and (c) accept this Agreement and agree to be legally bound by its terms. If you do not agree to these terms, you are prohibited from using the Products. In instances where you or the entity you represent has executed a separate agreement with the Company concerning the use of the Products, that agreement shall prevail in the event of any conflict with the provisions herein.
License Grant and Restrictions
Subject to the terms outlined in this Agreement, the Company hereby grants you a limited, non-exclusive, and non-transferable license to access and utilize the Products via a web browser in accordance with this Agreement and any applicable documentation provided by the Company.
You agree not to:
1. Copy the Products, except as expressly permitted by this license;
2. Use the Products in violation of the published guidelines and instructions available on the TrakkemPro website, the TempTag website, and any affiliated mobile applications and software products;
3. Modify, translate, adapt, or create derivative works or enhancements, whether patentable or not, of the Products;
4. Reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of the Products or any portion thereof;
5. Remove, alter, or obscure any trademarks or notices of copyright, patent, or other intellectual property rights from the Products, including any copies thereof;
6. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Products or any of their features or functionalities to any third party for any reason, including making the Products accessible on a network capable of being accessed by multiple devices simultaneously; or
7. Remove, disable, circumvent, or implement any workaround to any copy protection, rights management, or security features present in or protecting the Products.
You acknowledge and agree that the Products are licensed to you, not sold, and you do not acquire any ownership rights in the Products under this Agreement, except for the right to use the Products in compliance with the license granted herein, subject to all terms, conditions, and restrictions. The Company and its licensors and service providers reserve all rights, titles, and interests in and to the Products, including all associated copyrights, trademarks, and other intellectual property rights, except as expressly granted to you under this Agreement.
Collection and Use of Your Information
You acknowledge that by downloading, installing, or using the Products, the Company may utilize automatic means (such as cookies and web beacons) to collect information regarding your mobile device or web browser and your use of the Products. You may also be required to provide certain personal information as a condition of downloading, installing, or using the Products or specific features thereof. All information collected through or in connection with the Products is governed by our Privacy Policy (insert link here). By downloading, installing, using, and providing information to or through the Products, you consent to our actions regarding your information in compliance with the Privacy Policy.
Geographic Restrictions
The Products are based in Italy and are intended for access and use solely by individuals located within Italy. You acknowledge that you may not be able to access all or part of the Content and Services from locations outside of Italy and that access may not be lawful for certain individuals or in certain jurisdictions. If you access the Content and Services from outside Italy, you are responsible for ensuring compliance with local laws.
Disclaimer of Warranties
The Products are provided to you “as is” and “with all faults” without any warranty of any kind. To the fullest extent permissible by applicable law, the Company, on behalf of itself and its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Products, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing, performance, usage, or trade practice. Without limitation to the foregoing, the Company does not warrant or guarantee that the Products will meet your requirements, achieve any intended results, be compatible with any other software, products, systems, or services, operate without interruption, or be error-free, nor that any errors or defects will be corrected.
Some jurisdictions do not permit the exclusion of or limitations on implied warranties or statutory rights, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates, or any of its or their respective licensors or service providers, be liable for any damages arising from or related to your use of or inability to use the Products or the Content and Services, including but not limited to:
1. Personal injury, property damage, lost profits, substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.
2. Direct damages that exceed the total amount paid by you for the Products.
These limitations shall apply regardless of whether such damages arise from breach of contract, tort (including negligence), or otherwise, and irrespective of whether such damages were foreseeable or if the Company was advised of the potential for such damages. Certain jurisdictions do not allow for specific limitations of liability, so some or all of the above limitations may not be applicable to you.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Products or your violation of this Agreement.
Export Regulation
The Products may be subject to EU export control laws and regulations. You shall not, directly or indirectly, export, re-export, or release the Products to, or make the Products accessible from, any jurisdiction or country where such export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and fulfill all necessary obligations (including obtaining any required export license or governmental approval) prior to exporting, re-exporting, releasing, or otherwise making the Products available outside the EU.
Other Terms
1. Severability: If any provision of this Agreement is found to be illegal or unenforceable under applicable law, the remaining provisions shall be modified to reflect the intent of the original term as closely as possible, and all other provisions of this Agreement shall continue in full force and effect.
2. Governing Law: This Agreement shall be governed by and construed in accordance with the internal laws of Italy, without regard to any choice or conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement or the Products shall be exclusively instituted in Italy.
3. Limitation of Time to File Claims: Any cause of action or claim you may have arising out of or relating to this Agreement or the Products must be initiated within one (1) year after the cause of action accrues, otherwise, such cause of action or claim shall be permanently barred.
4. Entire Agreement: Except where you or the entity you represent has entered into a specific agreement with the Company regarding the use of a particular Product, this Agreement and our Privacy Policy constitute the complete and exclusive understanding between you and the Company with respect to the Products and supersede all prior or contemporaneous agreements, whether written or oral.
5. Waiver: No failure or delay by either party in exercising any right or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.