As a courtesy, the English version of this document is provided by Payment Technologies srl; for all legal references the original Italian version holds true.
PAYCLOUD AND PAYTOOLS SERVICES USAGE POLICY
Introduction
PayCloud is a software platform offered by Payment Technologies srl to its Clients to access, store and process a series of data – mainly sales and configuration files – locally captured through the PayTools application from vending machines and/or from relative payment systems. Use of the PayTools application in connected mode together with the PayCloud platform (hereinafter referred to, in short, as the “Services”) is available to the Client on signing a subscription agreement.
This Services Usage Policy, to be considered as an integral part of the Contract, governs the use made by the Client of the services offered by Payment Technologies srl, with registered office at 27 Via Fabio Filzi, Milan, (“Paytec”). Use of the Services is conditioned by this Usage Policy being accepted.
Definitions
The terms subsequently indicated, unless where differently specified, will have the following meaning:
a) Client: entrepreneur or legal person making use of and benefiting from the Services, according to the Contract’s provisions, after meeting the relevant Price;
b) Contract: indicates the commercial offer inclusive of the relative attachments that constitute an integral and substantial part thereof, and among which there is this Usage Policy;
c) Data: a set of files, contents and other information in digital format with which the Client provides Paytec, for the purpose of making use of the Services;
d) Enabled Devices: smartphones and tablets equipped with Android operative system version 4.1 and higher;
e) Privacy regulations: the set of elements that illustrate how Paytec collects and uses Data;
f) PayCloud: software platform that organises, stores, processes and synchronises the Data;
g) PayTools: software application dedicated to Enabled Devices which, when used in connected mode, allows the transfer and processing of the Data on the PayCloud platform;
h) Usage Policy: set of these conditions governing the use of the Services;
i) Services: series of operations which, through PayTools and the PayCloud platform, allow the Client to access, organise, store, process and synchronise his own Data;
j) User: a person of age authorised to use the Services on behalf of the Client.
Premises
Non-compliance with this Usage Policy will imply the immediate suspension or interruption of the Service. All requests for information concerning the content of this document must be addressed to electronic mailbox: paycloud@paytec.it.
Client responsibilities and violations
By using the Services, the Client, as well as the User authorised by the Client to use the Services on his behalf, accept to being bound by this Usage Policy and by the Privacy regulations.
By signing this Contract, the Client is held responsible for his conduct and his personal details and must respect the Usage Policy and have it respected by others.
Some contents present in the Services could be protected by intellectual property rights belonging to others. The Client will refrain from copying, uploading, downloading or sharing Data if he has no right to do so.
It being understood that verification of the Data filed and/or shared by the Clients through the Services is not included among the obligations of Paytec - nor can it in any way be held responsible - the latter reserves the right to monitor the conduct and data of the Client to ensure compliance with this Usage Policy.
The Client is responsible for the protection of his Data, in particular of his password for accessing the Services, as well as the prompt updating of account information. Aware that if third parties have been informed of and/or are aware of the access Credentials, this would permit them to make use of the Service in his name as well as to access his Data, the Client commits himself to safeguarding said Credentials with the utmost diligence and confidentiality and to sharing them only with personnel he has authorised.
The Client, as well as the User authorised to use the Services on his behalf, commit themselves to refraining from an inappropriate use of the Services, and from helping anyone else to do so. The Client declares that he has been made aware of the fact that it is forbidden for the network and Paytec Services to be made use of for implementing and/or promoting illegal, abusive or irresponsible behaviours, such as the following:
a) probing, examining or testing the vulnerability of any system or network whatsoever;
b) in any way violating or circumventing any safety or authentication measure or;
c) accessing, tampering with or using non-public areas of the Services or shared areas of the Services to which he was not invited;
d) interfering or tampering with any user, host or network, for example sending viruses or spam, overloading or using flooding and mail-bombing techniques in any part of the Services;
e) accessing, researching or creating accounts for the Services through means other than publicly supported interfaces (for example through "scraping" or creating accounts in block);
f) sending communications, promotions or un-requested advertisements or spam;
g) sending disguised or deceptive information, or with falsified identification of the sender, including "spoofing" or "phishing";
h) re-selling the Services, unless specifically authorised to do so;
i) publishing or sharing material that is illegally pornographic or indecent, or that depicts acts of extreme violence;
j) promoting intolerance or hatred of other persons or groups of persons on account of race, religion, ethnic groups, sex, gender identity, sexual preferences, disabilities or handicaps.
k) violating the law in any way, including the storing, publication or sharing of fraudulent, defamatory or misleading material; or
l) violating the privacy or rights of other persons.
Conditions necessary for Service Usage
In order to access the Services, the User must acknowledge that it is necessary for the conditions listed hereunder to be satisfied:
a) being a person of age;
b) having a broadband or high-speed Internet connection of at least 1Mb/s;
c) having Enabled Devices, i.e. Android Smartphones or Tablets in the version 4.1 or higher;
d) taking into account the Privacy regulations at the registering for the Services stage;
e) accepting this Usage Policy.
The Client, as well as the User authorised by the Client himself to use the Services on his behalf, may not use the Services in a way that would interfere with the normal operation of the Paytec Services themselves. In these circumstances, Paytec can demand that the level of normality be restored should this non-compliant use be in conflict, in the latter’s unquestionable opinion, with the use being made by other users.
The Client, as well as the User authorised by the Client himself to use the Services on his behalf, commit themselves to refraining from using equipment that according to European standards is faulty or non-certified, or that show malfunctions that could damage the network’s integrity and/or disturb the services and/or create risks for the physical safety of persons. Paytec, in fact, gives no guarantee whatsoever as to the compatibility of the equipment and programs (hardware and software) used by the Client with the services, since all the relative checks are exclusively for the Client’s account.
Finally, Paytec does not guarantee nor assume any responsibility whatsoever for: - problems caused by the Internet connection used by the Client; - for insufficiency of the band available at the Client’s premises.
The Services
The Services can be protected by copyright, trademarks and other laws protecting the intellectual property rights of Paytec and/or of third parties. The Services must be used by the Client in compliance with the intellectual and/or industrial property right of Paytec and/or of third parties. This Usage Policy does not grant the Client any right or title to, or interest in, the Services, the contents of others in the Services and the registered trademarks or logos. The Client will not be entitled to modify, copy, distribute, transmit, reproduce, publish, sub-license, create derivative works, transfer, adapt, sell, hire, share on line or rent out the Services to third parties or facilitate one of the above actions; should the Client infringe these obligations, violating the intellectual property rights of Paytec or of third party individuals, he will be held responsible to the extent of the law.
We welcome feedback on the Services by Users; however Paytec will be free to make use or not of all comments or suggestions without any obligation to them.
PayTools
Paytec allows the PayTools application, which can be automatically updated, to be downloaded by users at no charge. When used in connected mode, PayTools allows access to and use of the Services. On condition that this Usage Policy be complied with, Paytec grants the Client a limited, non-exclusive, not transferable, revocable licence to use PayTools.
Final provisions
The Client commits himself to providing Paytec with his personal information needed for the integral and correct performance of the contract; he furthermore guarantees, on his personal and exclusive responsibility, that the above-mentioned data are correct, updated and true, and that they will allow the Client’s true identity to be identified. The Client commits himself to promptly notifying Paytec of any change in the data provided, in any case by and no later than 15 (fifteen) days from said changes being made, and furthermore to providing at any given time, upon a request from Paytec, adequate proof of his capacity as legal representative of the juridical person requiring the Service or nominee to it. Upon receiving the above notification, Paytec will be entitled to ask the Client for additional documentation testifying to the notified changes. Should the Client fail to provide Paytec with the above notification or the requested documentation, or should he have provided Paytec with data which prove false, out of date or incomplete or data which Paytec would have reason, in its unquestionable opinion, to consider as such, Paytec reserves the right to:
a) refuse the request submitted by the Client having as object operations to be carried out with reference to the Service;
b) suspend the services with immediate effect, without notice and permanently;
c) cancel and/or interrupt any operation modifying the data associated with the Service without notice;
d) terminate the contract.
The Client accepts that the data stored on a shared system could be placed in quarantine or deleted should said data be virus infected or otherwise corrupted or, in the unquestionable opinion of Paytec, could potentially infect or damage the system or data of other Clients being input to the same infrastructure.