Terms and conditions of use of the "WooPlan" service

Version 1 valid from 15 January 2021.

Object

This document is a binding contract between INMAGIK SRL and the user of the "WooPlan" service, establishing the terms and conditions of use.

Definitions

Service: consists of the WooPlan software, in all forms of delivery through websites and software applications on different platforms, and any content and consulting services related to the use of this software.
User: person, company or organization registered with the WooPlan service. In the case of a company or organization, or a person acting in the name and / or on behalf of a company or organization, any liability deriving from this agreement belongs to the person (s) legally responsible for the aforementioned company or organization.
Owner: owner of the WooPlan service, consisting of INMAGIK SRL, via Sant'Orsola 2, Bergamo.
WooPlan Websites: all the web pages that allow the provision of the WooPlan service. In particular, web pages hosted by the domains: wooplan.com, wooplan.it and related subdomains (app.wooplan.com, app.wooplan.it. Docs.wooplan.com, docs.wooplan.it, etc.)
Subscription: non-exclusive and non-transferable right to use the Service or some specific features of the Service on a fixed-term basis, acquired upon payment of a fee, within the terms and conditions established in this document and within the additional terms and conditions indicated during the purchase.

Restrictions on the use of the service

The service can only be used by users of age and who are in possession of the legal requirements to sign this contract.

Acceptance of the terms and conditions of use of the service

Registration, access and use of the Service are subject to full acceptance of what is indicated in this contract. The use of the service implies full acceptance of this contract.

Modification of the terms and conditions of the service

The Owner has the right to modify this document at any time without prior notice. The updated version of the document is published on the wooplan.com website. The Owner reserves the right to send the User communication in the event of any updates to this document, however this communication is optional and the User has the obligation to periodically consult the presence of any updates to this contract. If the User continues to use the Service after updating the terms and conditions or at the deadline established through any communication, the updated version of the contract is considered to be fully accepted and binding.

Description of the service and methods of use

The WooPlan software has several functions related to cost estimation and reporting.
The various functions of the software can be used through the WEB SITES linked to the service and any other software applications.
At the time of registration, the User must provide an email address which will be used for authentication and contact
The software can be used on the various sites and applications through user authentication, or through the insertion of confidential credentials created by the user during registration for the service or through authentication services provided by third parties.
The "WooPlan" Service is currently available in a test version called "beta".
Registration for the Service is free, upon request for admission to the "beta" version via thewooplan.comwebsite.
The use of the Service is free in "beta" version without limitation of managed data until May 01, 2021.
After May 01, 2021, the number of documents and data that can be managed without purchasing a subscription will be limited and it will be necessary to purchase a subscription to continue creating new documents and data, while the documents and data already entered will still remain available.

Limitation of Liability

The Service is provided in the state of fact and law in which it is found ("as is"), without any guarantee, term or condition in relation to its quality, suitability for a purpose, performance or correspondence to a specific and also not no warranties or representations will be made regarding the installation, configuration or correction of an error / defect in the Software. The Owner will do everything possible to ensure the highest quality and availability of the service, but the Service may be unavailable or present errors in particular situations.
The Owner cannot be considered guilty or responsible in any case for any direct, indirect, incidental or consequential damage or loss resulting from the use of the Service.
The Owner and its suppliers, sub-processors and licensees hereby disclaim any warranties, expressed or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. The owner and its suppliers, sub-processors and licensees, do not give any guarantee with respect to potential errors and potential discontinuities of the Service.
Under no circumstances will the Owner and its suppliers, sub-processors and licensees be liable in relation to any object of this contract for any request for compensation, dispute, challenge of strict liability or any other equivalent legal instrument or procedure for: 1. any special, incidental or consequential damage from the use of the Service; 2. the cost of replacement services or products; 3. the interruption of the use or for the partial or total loss or corruption of data; The above applies to the extent permitted by applicable law.
The User undertakes to indemnify the Owner and any supplier or collaborator of the Owner from any liability, expense or request for compensation arising from disputes made by third parties due to any damage caused in relation to the Service.
The Owner is also in no case responsible for any content created or uploaded by the User.
The User is responsible for maintaining the secrecy of his access credentials, which he undertakes to carefully guard and keep confidential. The Owner is exonerated from responsibility for any possible damage deriving from any loss or unauthorized disclosure of a User's credentials.
The User is responsible for the content he creates on the Service or uploads to the Service. The User is also responsible for all e-mails that he sends through the Service and the actions he takes through the software made available by the Service.

Validity of the Agreement

This Agreement terminates when the Owner deletes the User's account.
All subscription fees paid by the User to the Holder are non-refundable. If an account is canceled, no refunds will be made for partial months of service or refunds for months not used with that account.
The User can delete the account at any time through the appropriate links within his profile.
The Owner will permanently delete the deleted accounts (including all data) within 24 months of the cancellation. The User can request the Provider to cancel the account before this deadline by explicit request to the Owner.
The Owner has the right to cancel (including all data) or deactivate an account at any time, in particular when the User behaves in a suspicious manner (i.e. creates multiple test accounts, anonymous users, spam users, malicious users, etc. .).
The Owner reserves the right to refuse to provide or continue to provide the Service to any User. Especially users who use or could use the service in an illegal, harmful or questionable way, or users who are rude to the Owner, or users who try to circumvent the limits of their current subscription, at the sole discretion of the Provider.
The Owner reserves the right to cancel and delete accounts with no activity registered in the last 24 months that have no subscriptions in place.

Rights of the Owner

The Owner can modify or discontinue the service plans, prices or other aspects of the Service at any time.
The Data Controller reserves the right, within the terms permitted by law, to keep certain types of data even after the cancellation of the User, such as, by way of example, system logs, proof of consent given and useful information to fulfill any obligations of law.
In any case, the Owner reserves the right to implement any return or refund actions, if at its sole discretion it deems it useful, right or necessary.
The Data Controller reserves the right, at its own discretion, not to always and strictly and strictly exercise all its rights enshrined in this contract: this does not in any way imply a waiver of these rights and in no case entail their forfeiture.

Copyright notice

The contents (texts, script code, graphics, tables, images, sounds and any other information available in any form) on service websites, software applications and documents authored by the Owner are protected under the legislation on intellectual property © INMAGIK SRL.

Every product or company mentioned in this site are trademarks of their respective owners and may be protected by patents and / or copyrights granted or registered by the authorities.

Any redistribution or reproduction in whole or in part the form of the contents in any form is prohibited, with the following exceptions:

printing or downloading on digital devices only for personal and non-commercial use, forwarding the content to persons or to third parties for their personal use as long as you specify this site and INMAGIK SRL as content authors
you can not use or distribute the content of the site for commercial purposes without the written consent of INMAGIK SRL

Additional credits

All trademarks and logos reproduced on service websites, software applications and documents authored by the Owner, which are not the property of, or licensed to the Owner, are acknowledged to respective owners.

Applicable law and competent court

For any dispute relating to this contract, the law in force in Italy is applied and the competent court is the Court of Bergamo (Italy), except in cases where it is provided otherwise in a mandatory manner by the law in force. In the case of a natural person user, the legal representative is represented by the person himself. In the case of a corporate user, this is the legal representative of the company or organization that uses the WooPlan service.

Contacts

At any time, the User can contact the Data Controller for requests and clarifications relating to the service at info@wooplan.com. The reference site for accessing the documentation and the terms and conditions of use of the service is [https://wooplan.com] (https://wooplan.com).

Information on privacy and data processing

By accepting this contract, or using the WooPlan service, the User accepts and declares to understand all the following points relating to the processing of their personal data.

Appointment of the data processing manager

By accepting this contract, or using the WooPlan service, the User, as Data Controller of his personal data, appoints the Owner as external data processing manager pursuant to Article 28 of EU REGULATION 2016/679 (GDPR). INMAGIK SRL accepts this appointment.

Purpose of data processing and type of data processed

The data processing by the Data Controller is aimed at the regular provision of the Service and the performance of the activities connected to it. This processing takes place in compliance with current legislation on data protection.
The User cannot rent, sell, resell, share or provide their login information (login or password) to another person or company.
The User agrees to receive e-mails (welcome message, suggestions for using the service, service notifications, follow-up, etc.) from the Provider, but the User can opt out at any time.
The Data Controller mainly keeps the User's name, surname, e-mail address, telephone number, professional title, address, company name and e-mail communication.
The Owner uses this data to: invoice, provide support, receive feedback, send notification emails to Users, make improvements and similar activities necessary to keep the Service running.
The Owner will not sell or rent any data processed on behalf of the User to third parties.
The User declares to have understood and accepted all the points of the "Master Data Processing Agreement" which is an integral and substantial part of this contract.

Data processing methods

The Owner declares to process the User's data in a manner in line with security standards, guaranteeing their confidentiality.
The Owner will not sell or rent any Personal Data to third parties.
The Data Controller will not process personal data for purposes other than the provision of the Service and to fulfill its obligations under this Agreement.
With reference to what is required by the aforementioned EU Reg. 2016/679, the Service Owner undertakes to make available to the Data Controller (User), if the latter expressly requests it, the information to demonstrate the compliance with the obligations established by EU regulation 2016/679, and to allow and contribute to the audit activities, including inspections, carried out by the User (Data Controller), or by a third party appointed by him, provided that the aforementioned audit activities and that any such inspections are agreed in advance between the User and the Owner of the Service, defining in advance the methods, times, limits and any economic charges.

Data processing security

The Data Controller will implement and maintain adequate technical and organizational security measures to protect personal data from security incidents and to preserve the security and confidentiality of personal data, in accordance with its own security standards.

Confidentiality of data processing

The Data Controller guarantees that any person authorized by the Data Controller to process Personal Data (including its staff, agents and subcontractors) has an adequate obligation of confidentiality (both contractual and legal).

Notification of security incidents

After becoming aware of a security incident, the Data Controller will promptly inform the User and provide subsequent information relating to the Security Incident as soon as it becomes known or as reasonably requested by the User.

Update of security measures

The user acknowledges that the Security Measures are subject to technical progress and development and that the Owner may update or modify the Security Measures from time to time provided that such updates and changes do not lead to a degradation of the overall security of the Services purchased by the user.

Other data processors

Our web servers, databases and backups are hosted within the virtual private servers of DigitalOcean LLC and controlled by the Owner. All data is stored in Europe, mainly in the AMS3 datacenter (Amsterdam, NL).