POWER ICT SERVICES – General Terms and Conditions

PUBLISHING DATE: October 31st 2017

The Users using the services provided by Power ICT Srls declare that they know and accept these General Terms and Conditions. Please read them carefully.
The Services provided by Power ICT Srls may sometimes be subject to other Additional Terms or requirements. The Additional Terms will be avaiable with the related Services and will form part of the contract between PowerICT and the User.

– Art. 1 – Definitions
– Art. 2 – Scope
– Art. 3 – Information about Terms of Use
– Art. 4 – Use of the Services – General obligations
– Art. 5 – The User Account
– Art. 6 – Property rights
– Art. 7 – Limitation of liability
– Art. 8 – Software information
– Art. 9 – Modification and interruption of the provision of the Services
– Art. 10 – Confidentiality, protection of the privacy and the copyright
– Art. 11 – Privacy Policy
– Art. 12 – Applicable law
– Art. 13 – Jurisdiction

Art. 1 – Definitions
PowerICT: Power ICT Srls, owner of the Service, head office in Potenza (PZ) in Via del Seminario Maggiore 115, CAP 85100, Basilicata, Italy, VAT Code and Fiscal Code 01946770763;
– Service (plural Services): generic service offered by PowerICT;
– WhatsThat: Service named “WhatsThat”, subject of these Additional Terms;
– User: physical person(s) or legal entity(s)  using a Service provided by PowerICT;
– General Terms: generic use agreement  between PowerICT and the User about the Services provided by PowerICT;
– Additional Terms: supplemental use agreeements between PowerICT and the User about one or more specific Services provided by PowerICT;
– Terms of Use: General Conditions and Additional Terms as a whole;
– Privacy Policy: rules for the management of the data collected  about and shared by the Users during their use of the Services by PowerICT;

Art. 2 – Scope
These General Terms regulate, along with the information material avaiable on the website www.powerictsoft.com, the Additional Terms of each Service and the Private Policy, the conditions of use of the Services provided by PowerICT.

The General Terms are considered to be read, understood and accepted by the User when the Service is Used.
By loggin in and using a Service provided by PowerICT, the User agrees to respect and be bound by the General Terms, as amended from time to time.

Art. 3 – Information about the Terms of Use
Logging in, downloading or using a PowerICT Service, the User declares to know, accept and be bound by:
– the General terms of PowerICT;
– the Additional Terms of he Service;
– the Privacy Policy of PowerICT.

The User is required to read these documents carefully, starting from the General Terms.

PowerICT reserves the right to revise or update these General Terms at any time. Unless otherwise indicated, any revision or update is immediately effective.
The General Terms must be consulted regularly. The modification could be accompanied by a communication related in the occasion of the first access of the User on one of the Services.

Continuous access and/or use of the Services after the revision or the update of the General Terms implied their binding acceptance as well as revised or updated. If the User does not accept the modified General Terms of a Service, he is asked to stop using it.

The Terms of Use regulate the relationship between PowerICT and the User and do not give rise to any right of third-parts beneficiaries.

I fthe User does not comply with the General Terms, the faliure to take prompt action by PowerICT can not be understood as a waiver of any rights (such as taking action in the future).

If a specific provision proves to be unenforceable, such inapplicability will not extend to other provisions.

Art. 4 – User of the Services – General obligations
The Services offered by PowerICT us not be used improperly.

The Services offered by PowerICT must nt be use in ways not allowed by the applicable law of the place of use.

Using a Service, the User is obliged to:
– not alter the Service in any way, for example by modifying its code and its functions;
– not use the Service for purposes other than those contemplated in the object of the Terms of Use;
– not use the Services and their contents in an improper and/or malicious way, engaging in inappropriate behavior such as, for example and not exclusively:
o misrepresent the source, identity or content of any information tansmitted via the Service;
o upload malicious material for computer systems or PowerICT data or the Services Users (for example, viruses, malaware, ransomware, etc.);
o upload or send to the User pornographic, threatening, racist or ethnically offensive, defamatory material, or otherwise with inappropriate content;
– not perform inappropriate or illegal actions or actions which violate the other’s rights (in terms of privacy, publicity and intellectual property);
– not hide or alter any legal notices displayed in the Services or with them.

In addition to the general obligations listed above, the User is also subject to all the other obligations specified in greater detail in the General Terms and those that may be highlighted in the Additional Terms of the single Services.

PowerICT reserves the rights to suspend or terminate the provision of the Services to the ones who does not respect the general and additional terms of use.

PowerICT reserves the right to send services announcements, administrative messages and other information to the ones who use its Services.

Art. 5 – The User Account
The use of PowerICT Services may require the creation of a dedicated account. The account can be created by the User or assigned by an administrator.
The account is personal.
Users are absolutely forbidden to attempt to access or manipulate accounts that are not their property.

In order to protect the account it’s necessary to keep the password confidential. We recommend to not reuse the account password for third-parts applications.
The User is responsable for the activity performed with his/her account.
If the User becomes aware of any unauthorized use of his/her password or account, the User is required to report it following the procedures provided by te individual Services.

Art. 6 – Diritti di proprietà
PowerICT holds intellectual property rights on the Service and its material.
By using the Services, the User does not become the owner of any intellectual property right on the Services or the contents.

The Terms of Use do not grant the User the ight to use any brand or logo used in the Services.

Except for the the following specifications, all these property rights are reserved. It is possible to view, download and print pages or files from the Service for personal use, within the limits set out below and in the whole Terms of Use.
The Customer must not:
– reproduce or exploit the material present on the site for commercial purposes;
– modify the material of the Services;
– upload copyrighted material that is not his/her own or that do not have the right to distribute, view and/or make avaiable to others;
– use the contents of the Services without having obtained the authorization from the owner or if it’s not permitted by the applicable law.

The Services display contents that are not owned by PowerICT.
The responsability for these contents are exclusively responsability of the subject that makes them avaiable.
PowerICT reserves the right to examinate the contents and evaluate any illegality or violation of the rules of PowerICT and remove or refuse to display them in case PowerICT had reasons to believe that they violate the Terms of Use or the applicable law. This does not have to be intended as an upstream control of all the contents shared using PowerICT Services.

When the User shares material or own information through PowerICT’s SErvices, he grants PowerICT a global license to use, host, store, reproduce, modify, create derivate works, communicate, publish, publicly represent, show and distribute the mentioned contents.

For more information on the using and storing policy of the contents adopted by PowerICT, you can consult the Privacy Policy and the Additional Terms.

Art. 7 – Limitation of liability
The User acknowledges and accepts that PowerICT, for the provision of the services on the web and through mobile applications, uses electronic communication networs and e-mail systems provided by third-parts telecommunications operators and is not responsable for their interruption or the malfunctioning.

The avaiability of the Service may be subject to limitations or interruptions due to technical requirements, even without notice.

The Internet Services of PowerICT are provided without any explicit or implicit guarantee of good functioning or suitability for specific purposes. Therefore, PowerICT will not be liable for damages caused by delay, faulty functioning or unavaiability, suspension and/or interruption of the web services or electronic communicaton, as well as the loss and alteration of web pages or data provided by the Users.

PowerICT declines all responsability for damage caused by computer viruses, corrupted files, errors, omissions, operation of electronic communications networks or e-mail systems, software or hardware incompatibilities, unauthorized access, alterations or deletions of data and can not be forced to compensate damages, losses or costs incured as a consequence of such events by the Userr, the subjects directly or indirectly linked to him/her and/or third-parts.

PowerICT does not releases warranties about the Services, their reliability, avaiability or ability to satisfy the User’s requirements.
The Services are provided “as they are”.

Art. 8 – Software information
When a Service requires or includes downloadable softwares, these softwares may be automatically updated on the User’s device if a new version or function is avaiable. In some Services, it may e possible to change the automatic update settings.

PowerICT grants the User a personal, worldwide, royalty-free, non-transferable and non-exclusive license for the use of the software provided by PowerICT with its Services. The sole purpose of this license is to allow the User to use the Services provided by PowerICT withint he scope of the Terms of Use.
Its not allowed to copy, modify, distribute, alter, sell or lease portions of the Services or embedded softwares, or reverse engineer or attempt to extract the source code from such softwares, unless the law prohibits such restrictions or with a formal authorization provided by PowerICT.

Art. 9 – Modification and interruption of the provision of the Services
PowerICT may add or remove features or functionalities and suspend or terminate the provision of a Service at any time.

The User can stop using the PowerICT Services at any time.

PowerICT may terminate the provision of the Services to the User or establish new access limits to the Services at any time.
In case of interruption of the provision of a Service, where reasonably possible, PoerICT will offer the User the possibility to remove the information from this Service, in accordance with the applicable law.

Art. 10 – Confidentiality, protection of the privacy and the copyright
Any information provided by the User wll be treated with maximum confindentiality.

PowerICT strictly complies with Italian and European laws about the protection of persons and other subjects regarding the processing of personal data and assure that, according to the mentioned law, the personal data treatment of the Users for the provision of the Services will be based on the principles of correctness, lawfulness and transparency and confidentiality protection.

PowerICT can not publicly disclose or make avaiable for third-parts such information without the prior formal consent of the User, except for authorized collaborators or authorized subcontractors, whose operational or advisory intervention requires knowledge of such information.

The User acknowledges that PowerICT can identify the User at the time of the connection using the identification code assigned to him/her and that the information relating to the access on the Service could be stored in an electronic register of operation (the Log), filled and protected by PowerICT.
The content of the Log is strictly confidential.

The warranties in this article do not apply in the case PowerICT is obliged by law to disclose such information, or if such information is or becomes public domain, regardless the disclosure of these information by PowerICT.


Art. 11 – Privacy Policy
The Privacy Policy of PowerICT explains the personal data processing modality and the User privacy protection policy when he/she uses PowerICT Services.
By using the PowerICT Services, the User agrees that PowerICT may use these data in accordance with the PowerICT Privacy Policy.

Art. 12 – Applicable law
For anything not expressly covered by the provisions of this contract, please refer to the provisions of Italian and European law.

Art. 13 – Jurisdiction
Fr any dispute concerning the interpretation or execution of this contract or in any case related to the use of the Services, the exclusive jurisdiction is the Court of Potenza, Basilicata, Italy.

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