TERMS AND CONDITIONS OF USE OF BUILDING IN CLOUD SERVICE

These conditions establish the rules for using the Building in Cloud Service, for this reason it must be read carefully before accessing and using the Service.

The access and its use presuppose the acceptance of all terms, conditions, and warnings, without exception by the user of the terms described herein and their possible modifications, if it become necessary, which must be periodically verified by the user for his better knowledge and information.

We therefore ask users of the Building in Cloud Service who do not accept these terms of use, to leave the Building in Cloud Service immediately.

The Building in Cloud Service is realized, made operational and managed by Lemsys Srl, with registered office in Via Domenico Scarlatti, 26 – 20124 Milan Italy P.I./C.F. 08613610966 Reg. Imp. Di Milano REA 2037581. email address for any communications: info@buildingincloud.net

Lemsys Srl is the company that has developed, designed and implemented the Building in Cloud Service.

Lemsys Srl, which owns the rights of the Service, is a company specialized in the production of web and mobile software and ensures that it possesses skills and characteristics that guarantee the ability to provide competitive, qualified and reliable services in the aforementioned sector.

1. DEFINITIONS

For the purposes of the present Service conditions we mean:

“Subscriber” is the person who activates, after registration, the Cloud Building Service and who manages and implement the Contract.

“User (s)” is/are the person/s who, following the activation of the Building in Cloud Service by the Subscriber, is/are invited to participate in the collaboration activities offered by the Building in Cloud Service.

For the purpose of applying the terms and conditions of use of the Building in Cloud Service the Subscriber can also be understood with the methods used to define User but never vice versa.

The term “User” will also be used to define both the Subscriber and the Users at the same time.

“Contract”, the legally binding agreement between the Subscriber and Lemsys Srl, consisting of the vision and acceptance of the Terms and Conditions of use of the Building in Cloud Service. The privacy and cookies policy must be considered an integral and substantial part of the Terms and Conditions and can be consulted directly from BuildinginCloud.net website.

2. DESCRIPTION OF THE BUILDING SERVICE IN CLOUD

The Building in Cloud Service is accessible via the Internet as “Software as a Service” at the address: app.buildingincloud.net and is intended for users who are 18 years of age.

It consists in allowing the publication and sharing of data and the collaboration between the connected Users, in order to improve the quality of the activities carried out during the life cycle of a building or an infrastructure. Authorized Users, therefore, can create, manage and share information, collaborating in synergy with each other.

The Building in Cloud Service is accessible by the Subscriber at the time of registration and by the Users following the invitation to collaborate by the Subscriber himself or his delegates.

The Building in Cloud Service is provided in connection with the Business of the Subscriber and in any case for requirements related to the Business of the Subscriber.

The Building in Cloud Service Subscriber automatically assumes the role of System Administrator that allows him to define the ways in which Users can use the Service.

The Cloud Building Service is intended for Users who are 18 years of age and is only accessible after registering with the Building in Cloud Service or following the invitation to collaborate.

The information relating to the processing of personal data to which both the Subscriber and the User are subject, are illustrated in the Privacy and Cookies Policy.

3. SERVICE SUBSCRIPTION LEVELS AND PLANS

There are three levels and two subscription plans for the Building in Cloud service.

The Subscription Levels determine:

which service features can be accessed

storage space availability, number of buildings, number of users.

To know the exact level composition you intend to subscribe, refer to the http://www.buildingincloud.net/en/price/ page at the time of subscription.

The Subscription Plans define the payment terms of the service:

  • monthly
  • annual

The subscription of the service allows the User to use the service for the duration of the subscription and in compliance with these Terms of Sale through all Compatible Devices that are valid pursuant to these Terms of Service of the Territory from which the User accesses the Service.

3.1 Subscription Level “Free”

This level allows you to subscribe and use the service for free at no cost.

The “Free” subscription level enables the activation of a number of buildings, storage space, and number of users specified on the https://www.buildingincloud.net/en/price/.

The user subscribing to the “Free” level can use the service indefinitely; the only condition is that the Subscriber access the service at least once every 180 (one hundred and eighty) days.

From the nineteenth day, before 180 (one hundred and eighty) days have elapsed, without the Subscriber having access to the service, the Subscriber will receive an email every 30 (thirty) days from the imminent expiration of the subscription.

After 180 days (one hundred and eighty), without the Subscriber using the service, despite the forwarding of the warning emails, has not made any access to or reply to the subscription expiration emails, the account will be disabled and the Subscriber and consequently all Users will no longer be able to access the service.

Despite the disabling of the account, the data and documents contained in the system will still be maintained and made available for subsequent 180 (one hundred and eighty) days for any re-activation of the account to be requested by email at support@buindingincloud.net.

3.2 “Professional” subscription level with monthly renewal plan.

This Level involves a monthly subscription with automatic renewal, without a pre-determined commitment.

The level is available at a fixed monthly cost (excluding all applicable taxes and fees), the amount of which is specified in the subscription page. You will be informed by the Subscriber that the cost may vary according to the Territory, the currency in which the payment is made and the applicable exchange rates applicable from time to time.

The Building in Cloud service enables the activation of a number of buildings and storage space, as well as a number of users with access to the service, specified on the http://www.buildingincloud.net/price/ page.

At the end of each monthly period, the Subscriber’s subscription is automatically renewed for another month unless the User denies his subscription at least four (4) business days before the end of the monthly period.

The Subscriber to this level may automatically terminate the service subscription by connecting to the Service and from the “Settings” section, select the “Subscription” command and then select “Delete Subscription”.

If the cancellation request is executed / executed validly, the cancellation will be effective at the end of the monthly period for which the User has paid the last subscription fee. The Subscriber will receive an e-mail confirmation of the termination of your subscription and you may use the Service until the end of that monthly period.

The Subscriber who has subscribed to the “Professional” level may decide to upgrade the service at any time during the subscription, in order to have a higher number of Buildings, Storage space or number of users.

3.3 “Professional” Subscription Level with annual plan and renewal on expiration.

This Level is available at a fixed annual fee (excluding all applicable taxes and fees), the amount of which is specified on the http://www.buildingincloud.net/en/price.

Subscription cost may vary according to the Territory, the currency in which the payment is made and the applicable exchange rates from time to time.

The subscription is valid for twelve (12) months from the subscription day until the end of the twelve (12) months of the subscription period. At the end of each annual subscription the subscription ends and the user can freely decide whether to renew or not renew the subscription simply by not proceeding with any further subscription.

3.4 “Ultimate Subscription Level” with annual plan and renewal at maturity.

This Level cannot be bought directly by the user through the Store.

The “Ultimate” Subscription Level is only available after a commercial contact between the User and Lemsys or its certified business partners.

The “Ultimate” subscription level provides that the annual subscription is based on the specific customer requests, these requests will be formalized and quantified by a commercial offer. Following the formal acceptance of the offer, the subscription is activated.
The Ultimate Subscription Level provides that the following ancillary services may be provided: specific personalization needs; integration with customer information systems; multi-annual subscription plans; document storage spaces and number of freely agreed buildings; advisory and training services.
At the end of each period the subscription term ends or can be renewed following the same procedures as in the preceding paragraphs.

4. NO REFUND RIGHT

4.1 No refund rights are applied to subscriptions as it is possible to use the platform without time limits before proceeding with the purchase.

4.2 It will however be possible to choose not to renew the subscription from the following year and / or request cancellation as described in points 3.1 and 3.2.

5. LIMITATIONS

The Subscriber may use the Building in Cloud Service using the maximum number of buildings, storage space and users with access to the Service, provided for the subscribed Service level specified on page http://www.buildingincloud.net/price/ at the subscription moment.

6. PROHIBITED USES

6.1 Changes to the Software. The Subscriber or the Building in Cloud User can not attempt to modify, decompile, reverse the mechanics or dismount the Software connected to the Building in Cloud in any way.

6.2 Use of the Service. The Building in Cloud Service is intended only for the use of the Subscriber and the User. The Subscriber must provide complete and truthful information regarding all the details and information provided and the User is obliged to update these details if they are modified

7. DECLARATIONS AND WARRANTIES

7.1 Use of the Service is your own choice, discretion and risk.

7.2 You are required to provide us with some personal details for the purposes of using the Service. Our use of the information you provide will be subject to our Privacy and cookies Policy.

7.3 Subscriber will be solely responsible for the telecommunications network and the Internet connection services necessary to access and use the Service and we will not be liable for any defect in this connection.

8. CONFIDENTIALITY AND PASSWORD SECURITY

The user takes note of the risks he may encounter, omitting to keep secrets and/or to keep his password diligently. For this reason, it undertakes to choose a password that is difficult to identify, assuming the obligation to keep it as diligently as possible.

The user undertakes to communicate, without delay and in writing, to Lemsys the possible theft, loss o of his password in order to allow Lemsys to adopt the relative remedies.

The knowledge of the codes for access to the Building in Cloud Service by third parties can allow access to unauthorized third parties.

The registered user must therefore take care of the access codes and keep them confidential. In case of loss, theft or loss of access codes, the user must promptly notify Lemsys that will proceed to deactivation and replacement.

The user is directly and indirectly responsible for any improper and illegitimate use of the Building in Cloud Service by himself or by third parties who will use the Building in Cloud Service on his behalf.

9. DISCLAIMER OF LIABILITY

9.1 Lemsys disclaims any form of warranty, expressed or implied, connected to the Service which is provided “As is” and therefore no guarantee or declaration is made regarding the quality, suitability for the purpose, integrity or effectiveness of the Building in Cloud Service.

9.2 Despite efforts to provide a Service of the highest quality, safety and security, it cannot be guaranteed that the Building in Cloud Service will never be interrupted, timely or error-free, or that the defects can be corrected or that the services available there will be free of bugs.

9.3 Lemsys reserves the right to suspend, interrupt, modify or remove the Building in Cloud Service at its absolute discretion with immediate effect and without obligation of notice and Lemsys cannot be held responsible in any way for any loss suffered as a result of any decision taken by Lemsys in this regard.

9.4 Lemsys does not guarantee to the User the continuity of the connection to the Service and, therefore, will not be in any way responsible for any technical service that prevents connection to the Service, or individual pages of it – and / or the use of one or more functionality of the same. The User acknowledges and declares that he will have nothing to do with Lemsys in case of disruptions that could compromise access to the Service or its correct and complete functionality (eg clogging lines, impossibility, or difficulty in connecting to the Building in Cloud Service or on its individual pages, total or partial impossibility to use one or more additional services from any specific cause, etc.).

10. CONTENT PUBLISHED BY USERS

Lemsys does not carry out any control over the contents entered by the Users when using the Building in Cloud Service.

Consequently, the Users assume responsibility for the contents, materials and information of any kind that may be published, transmitted or disseminated or made accessible through the Building in Cloud Service and are solely responsible, even from an economic point of view for the damage caused directly and / or indirectly to third parties. Therefore, the User undertakes to indemnify and hold Lemsys Srl harmless from any third-party claims arising out of or in any case connected with the use of the Building in Cloud Service.

Lemsys reserves the right, at its sole discretion, in case of violation of the commitments hereby envisaged by users, even upon the notification of third parties, to suspend and / or immediately stop access to the Building in Cloud Service, as well as to cancel those content deemed detrimental to legal provisions, without anything being due to the User. However, the fact that Lemsys does not prevent publication, that is, does not delete a User content, does not mean that such content has been judged acceptable by Lemsys.

In any case, Lemsys invites Users, considering them otherwise responsible, to:

Do not post personal information or images that the User wishes to keep confidential or that may allow other Users to contact him directly. Lemsys invites users not to publish data and / or information related to third parties for which no prior consent has been obtained;

Do not publish information contained material of any kind (audio video graphics, etc.) covered by copyright without prior authorization of the subject having the right;

Do not publish content related to minors or otherwise in violation of the law and regulations;

Do not post, post, post, post or otherwise transmit or disseminate any material that contains viruses or other codes, files or programs created to interrupt, destroy or limit the operation of third-party software, hardware or telecommunications equipment, or interrupt the normal course of communications, interfere or interrupt services and / or servers connected to the services.

Lemsys collaborates with the Public Authority in all cases in which it is requested to provide the data and / or information necessary to trace the perpetrators.

11. PRIVACY

Personal data are collected and processed in order to follow up User requests. Lemsys guarantees its Users to operate in compliance with the regulations concerning the processing of personal data, governed by the 2016 GDPR.

The privacy policy is to be considered an integral and substantial part of these General Conditions and is accessible in the Privacy and Cookies Policy section.

The data controller is Lemsys S.r.l.

Upon access by the Users invited to collaborate in the Building in Cloud Service, the User will be informed that the email address provided by him during registration can be used to send information and marketing communications and commercial or related to the correct completion of the Service itself.

12. BRANDS, PATENTS AND OTHER PROTECTIONS

12.1 The provision of the Building in Cloud Service is protected by laws, decrees, regulations and any other applicable provisions, in particular by the rules on copyright and intellectual property, as well as by the community rules and international treaties on the subject in as applicable.

12.2 The software useful for the supply of the Building in Cloud Service, every copy and every part or element of it (including, in an exemplary and not exhaustive list: every image, icon, animation, video and text), any text or image published they are the exclusive property of Lemsys Srl or its suppliers and cannot be reproduced by the User and / or by unauthorized third parties in any form or manner.

12.3 All rights to trademarks, product names and any other distinctive sign are reserved to Lemsys Srl or to other legitimate owners in accordance with the provisions of the applicable regulations.

13.  ASSIGNMENT

Lemsys reserves the right to assign this contract at any time and without notice. The Subscriber declaring his acceptance, allows, in advance and unconditionally, the sale. The Subscriber cannot assign any of his rights or obligations under this contract.

14. JURISDICTION

For any dispute concerning the formation, interpretation, execution, validity and effectiveness of this contract and, in any case, for any nascent controversy or otherwise connected to the present contract, the Italian Judge will have exclusive jurisdiction. The Court of Milan will be exclusively competent.

Although not expressly regulated by this contract, the Parties declare that they wish to apply exclusively Italian law.