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This document contains the Contractual Terms of Use (“Terms”, “Condition”, or “Agreement”) of the cloud service named “Daitomic Lite” (also named below “Daitomic Lite Cloud Service”, or “Daitomic Lite Service”, or “Cloud Service”, or more simply “Service”). The terms described in this document take effect from October 1, 2021

The service Daitomic Lite is provided by Aptus.AI S.r.l.(also named below “Aptus.AI”, or “Service Provider”, or more simply “Provider”) - VAT 02288220508 - whose registered office in Via Dell’Argine n°1, 56122 Pisa (PI). Aptus.AI is the only liable for the providing of the Daitomic Lite Service and for the related application.

2.1 Definition
‍The expression “Cloud Service” indicates a specific Aptus.AI software service, provided from Aptus.AI and made available through a network connection. The Daitomic Cloud service is a legal inventory system composed by different Artificial Intelligence engines developed based on Provider’s proprietary technologies and capable of performing deep analysis on regulatory texts coming from the supported legal sources and aimed to provide the user with the possibility to navigate in an interactive way among the regulations indexed in the legal inventory, as well as to access the metadata related to the regulatory requirements extracted from regulatory texts by the Artificial Intelligence engines.

The Daitomic Cloud service also includes a visual interface developed with cutting-edge UX (User eXperience) Design techniques.The Daitomic Lite Cloud Service is a simplified version of the Daitomic Service and it is offered to the user for free and for a limited period, following what is set in this Terms.

The Cloud Services are implemented to be available 24 hours a day, 7 days on 7, except for maintenance periods and according to the service levels defined inside article 2. The user expressly accepts the content of this document.
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2.2 Supply
‍Aptus.AI will use its best office to ensure that the Daitomic Cloud Service is always available, according to what is defined in the previous article 2. Nevertheless, the Daitomic Cloud Service is provided at current conditions, without any further guarantees (“as is”), therefore, without prejudice to what described in the following articles 4 and 6, we shall no be held liable with regards to the user in respect to, for example, unavailability or the deviation for the original of one or more elements composing the Service’s Content.

Aptus.AI reserves the right to suspend the Daitomic Lite Service when this is necessary for maintenance or updates. It will be our care to try to minimise these suspensions.

Aptus.AI is committed to provide the Daitomic Lite Service with reasonable attention and professionality. Outside of that, we do not release any statement or guarantee (and, without prejudice to what described in article 6, we exclude all the guarantees and terms otherwise be implied, to the maximum extent permitted by law). This does not prejudice any other right of the user as a consumer in accordance with the law.

Before using the Daitomic Cloud Service, the user is invited to read this Contractual Terms of Use. We would like to highlight that any offer, promotion or discount that the user may receive could be subject to further contractual conditions which substitute or integrate these Terms. We specify already now that in case of conflict between these Terms and further conditions, these latter will prevail.

We could make changes on these Terms, as, for instance, in case of changes of the range of services included in the Daitomic Service, in case of changes to ensure a better functionality of the Daitomic Service, notwithstanding that these changes are justified and that the overall structure of these Terms can not be changed to the disadvantage of the user. Possible changes to these Terms will be notified to the users via email to the most recent address in our possession. Once received these communications, which will present clearly the changes made and the related change reasons, the user will have the faculty to recede the contract within thirty (30) days in case the user does not intend to accept the proposed contractual changes. In the absence of this termination communication within the above mentioned deadline, the contractual changes are considered accepted. Derogating from what described above, the changes made to comply with the law, also in case of regulatory changes, can have immediate effect.

By accessing for the first time to the Daitomic Service through the personal credentials obtained autonomously or received by the Aptus.AI staff, the user obtains a limited user licence, not exclusive and not transferable to access Daitomic Service and visualize the Content through the user interface available in the Cloud Service. With the exception of that limited licence, no other rights, interests or ownerships will be transferred to the user.Aptus.AI will provide structures, staff, software and the other needed resources to provide the Cloud Service, as well as the user’s guide and the documentation publicly available to support the use of the Cloud Service by the user.

The user will provide the hardware, the software and the connectivity to access and use the Cloud Service, limitedly to the devices that the Provider declares as supported for the access and the use of the Cloud Service. The above mentioned supported devices correspond to the versions updated in time of the browsers Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari executed on desktop devices except for mobile devices, in addition to all the other devices which will be declared compatible by the Provider.

Aptus.AI can at any time recede from the contract in force with the user through a written communication via email with an advance of at least fifteen (15) days in respect to the end of the supply period of the service, defined under the following article 10.1. This does not prejudice the termination right for good cause under article 4.

The Daitomic Service and the Content visualized through the service and described in article 7 are for the exclusive personal use and non commercial. Aptus.AI is proprietary or licensee of all the intellectual property rights related to the Cloud Service, also including its Content. All the material, including for instance design, texts, software, graphics, images and video received by the user are subject to copyright of ours or others.

The activation of the Software Daitomic does not give to the user any right on techniques, know-how and procedures, intellectual property and trademark, contained in it, which remain of exclusive property of the Provider and cannot be used for purposes different from the ones specified in this article.

The user can access the Cloud Service within the limits of the authorizations acquired from the Provider. The is liable for the use of the Cloud Service. The Cloud Service cannot be used, in any jurisdiction, for obscene, offensive, illegal or fraudulent activities or contents, like, for example, promote or cause damages, interfere or violate the integrity or the safety of a network or a system, eluding its filters, sending undesired, illegal or fraudulent messages, virus or damaging codes or codes that violate the rights of third parties. Besides, the user cannot use the Cloud Service if the Cloud Service failure can lead to death, personal injuries or damages to properties or to the environment. The user cannot: i) resell to a third party the direct access to the Cloud Service at any title; or ii) combine the Cloud Service with a value added by the user, to create a solution with trademark of the user available on the market, so that the user requires a fee or any other kind of economic consideration, or even for free.

In the cases described by the previous comma it is excluded any liability for the Provider of the service.

The user is committed to:
- use the Daitomic Lite Service exclusively for non commercial purposes, without achieving any financial earning, or of any other kind, and not allow any other subject to use the Daitomic Lite Cloud Service. The user cannot require payments for the usage of the Daitomic Lite Cloud Service, neither use the Daitomic Lite Service to attract other subjects to the purchase of products, from the user or third parties, or to the access to specific locals;
- at any time, visualize the Daitomic Lite Cloud Service only through an authorized device. The password must be kept safe and the password and other access codes must not be shared with anyone or be accessible in any way to others;
- not copy, record or memorize all or part of the Content made available to the user by the Provider in the Daitomic Lite Cloud Service (except for what it is allowed by us in the context of the application functionality), or even reroute, re-share and/or reuse in any form all or part of the Daitomic Lite Cloud Service to others, or even authorize, allows (or ensure that) other subjects to make anything of what described above;
- not alter, disassemble, decompile or make reverse engineering on any part of the Daitomic Lite Cloud Service; and
- not abuse of the Daitomic Lite Service or use it for illegal purposes or not authorized (including for instance the transmission of informatic virus through the website, or even the use of the website in ways that violate the rights of other subjects).

We can suspend or block with immediate effect the access to the Daitomic Lite Service, or even cancel and deactivate the access to the Cloud Service, if:
- there are reasonable motivations to hold that: 
       - the use of the Daitomic Service by the user is offensive or even against the interest of other subscribers;
        - or even the user has violated these Terms;
- this is required by a regulatory authority.
If applicable in the circumstances, the user will be informed in advance of that termination, suspension or cancellation and deactivation of the access to the Daitomic Lite Cloud Service. That communication could nevertheless not always be possible.

The user accepts that the login data is unique for the user and they cannot be shared with others.

Subject to what is set in article 2.2 and to the extent permitted by the same, we reserve the right to remove or change at any time the contents made available through the Daitomic Lite Cloud Service.

The user is committed to compensate entirely the Provider in relation to possible damages, expenses or costs (even legal) sustained by as a result of:
- false statements, actions or malicious or negligent omissions made by the users in relation to the user’s use of the Daitomic Lite Service;
- malicious or negligent non-compliance, by the user, of these Terms;or even
- actions filed from third parties as a result of related to the malicious or negligent access to the Daitomic Lite Service in a non-compliant way in respect to these Terms.

The Provider do not guarantee the quality of the results of the analysis performed by the Artificial Intelligence engines, neither will be held liable by the user or any other third subjects in case of (total or partial) delay, malfunctioning, suspension, interruption and/or unavailability (each of these individually intended as “unavailability”) if the possibile unavailability is attributable to force majeure or accident; manumission or illegal interventions by third parties of services or devices used by the Provider; problems related to the content, the technology, to projects or to the instructions provided by the user or by externa community; non-Aptus.AI solutions; system configuration and non supported platforms errors; malfunctioning of the user’s infrastructure, including the network, the hardware or the electric alimentation; actions, commands or files transfers by the user’s system administration; errors or malfunctioning caused by the user or non-compliance of the user in providing the information and the access necessary to fix an interruption; accidents of the security caused by the user or by user’s security tests; or other reasons outside the control of the Provider.

Besides, the Provider is not liable for possible damages arising from the lackinkg by the user of the compliance with the obligations against the user’s record set by these Terms.If the Daitomic Lite Service contains links to websites and resources provided by third parties, the Provider does not have the control on the contents of those websites, resources or services. The use of those websites, resources or services is covered by the contractual conditions and by the privacy policy of that third party, and the Provider declines any responsibility in relation to the same or even in relation to losses or damages which can arise from the use of the same.

7.1 Content
‍The content consists in all the laws and regulations automatically collected by the Daitomic Cloud Service and made available to the user, together with all the information extracted by the Artificial Intelligence engines of the Service through automatic analysis, as well as the software and the information that the Provider gives to authorized users, authorizes for the access or enter in the Cloud Service (from now on “Content” for brevity).

The use of the Cloud Service does not affect the property or the rights on the Provider’s licence in that Content.

In relation to the activities related to the execution of this document, the Parties conform, each one within its competence, to the disposition of the national Privacy Regulation in force, as well to the dispositions contained in the EU Regulation 2016/679 (GDPR) for that it concerns the acquisition, processing and retention of “personal data.” While for that it concerns the “non personal” data the dispositions contained in the EU Regulation EU 2018/1807 will be applicable.

The user must undertake the required actions to order, abilitate or use any data protection functionality available and appropriate to the Service that the user intends to acquire. By using the Service offered by the Provider, the user accepts the liability of the use of the service and recognizes that the service satisfies the instructions and the requirements demanded in relation to the processing to ensure the compliance to the applicable laws.

The Provider uses the highest security levels for the supply of the authentication process to the Cloud Service (AWS Cognito) and all the personal information is archived in a database which is dedicated and separate from the Content of the Cloud Service.

7.2 Use of the Content
‍The user is liable for obtaining all the required permissions and the rights and for guaranteeing them to the Provider, so that the latter can use, provide, archive and process the Content in the Cloud Service. This includes that the user provides the required information, makes all the needed communications and obtains the necessary consent before providing information regarding individuals, including personal data or other data regulated in that Content. If the Content is subject to a publications regulation or requires further security measures in respect to the ones specified by the Provider for the Cloud Service, the user will not insert, provide or consent the use of that Content, unless this is explicitly allowed through a dedicated agreement, appositely stipulated. The Provider and the user reserve the possibility to stipulate further agreements which are required by the law with regard to the protection of personal data, included in the Content.

7.3 Personal data processing
‍With specific regard to the processing of personal data within the Daitomic Cloud Service, Aptus.AI, whose owner of the Daitomic Lite Cloud Service and of the annexed and related websites, makes available and publicly accessible the information concerning the processing of personal data with regard to the browsing and use of the Daitomic Lite Cloud Service and of all the websites related to it. The above mentioned policy is available at the following link: https://www.daitomic.com/privacy-policy.

By accepting this Terms of Use document of the Daitomic Cloud Service, the user declares to have read and accepted entirely what is set in the personal data processing policy previously mentioned and publicly available on all the institutional Aptus.AI websites.

This Agreement does not give to any of the Parties any intellectual right in respect to the intellectual property, the copyright, the registered trademarks, the commercial trademarks or trademarks of solutions and services of the other Party. Each Party remains in an exclusive way proprietary of the know-how, the techniques, the models and the methodologies (“Know How” as a whole) that result to be developed by the same in the supply of the solutions and the Services.

It is understood that any Party maintains the exclusive property and freedom of use on its own intellectual property, copyright, registered trademarks, commercial trademarks or trademarks of solutions and services which holds at the date of the stipulation of this agreement.

The user is aware that the Provider can change the Cloud Service in order to i) enhance or clarify the existing commitments; ii) keep the alignment with the currently adopted standards and the applicable regulations; or even iii) provide further functions and features. The changes will not degrade the security or data protection functionalities or a Cloud Service functionality. The changes will substitute previous versions at the date in force of the Agreement.

10.1 Supply
‍The supply period of the Cloud Service starts at the date of the first user’s access to the Daitomic Cloud Service through the entry of the access credentials obtained autonomously or from the Aptus.AI staff. The above mentioned first access date matches the date of acceptance of this document by the user.

The duration of the supply period ends with the deletion of the access credentials to the Daitomic Lite Service. Without prejudice to what is set in the previous articles 3 and 4, the deletion can be made as a result of the termination right exercised by the user under the following article 10.2. Besides, considering the gratuitousness of the service provided, Aptus.AI reserves the unquestionable faculty to disabilitate the access to the system for a user if Aptus.AI holds it necessary following intervened motivations and internal circumstances, after a prompt notification to the user. In case of interruption of the present free service, there will be no compensation and/or refund to the user.

10.1 Termination
‍The user can recede from the Cloud Service at any time providing a prior notification of 10 days i) in case of written recommendation by a government or a public authority as a result of a change of the applicable law; ii) if a change made by the Provider in the information environment used to provide the Cloud Service cause the failure to respect, by the user, the applicable laws; or iii) if the Provider informs the user of a change with a significantly negative effect on the use of the Cloud Service by the user; or iv) without prejudice to what is set in articles 2.2, if the Provider informs the user about a change to this Terms which the user does not intend to accept.

The termination must be necessarily communicated through a formal written communication via email to the address: daitomic@aptus.ai.

This Agreement is regulated by Italian Law. The Parties set that, for any controversy arising or anyway related to the Agreement, the Court of Pisa will be exclusively competent.

The user declares to have read this document in all its parts. Under and for the effects of the artt. 1341 and 1342 Italina Civ. Cod. declares to expressly accept the following clauses:Art. 2.2 Supply; 3. Principal Terms of use; 4. Use and limitations; 5 Compensations; 6. Liablities and Exclusion; 10. Supply and Termination; 11. Applicable Laws and competent court.