KPI6.com Terms & Conditions

Users of the services offered by KPI6.com acknowledge and accept these terms and conditions.

Owner of KPI6.com and its related services
KPI6.com srl
PIazza Antonio Casotti, 2
42121 Reggio Emilia
Italia
Owner’s contact email: info@kpi6.com

Introduction

This document is a legal agreement between you, the User, and the entity that provides KPI6.com. It governs your use of the online properties and, in any case, the use of the provided services. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User,” “you,” “your,” and similar terms, whether in the singular or plural, refer to you, the User. “We,” “our,” “us,” and similar terms refer to the company that owns and operates KPI6.com, as described in this document. “KPI6.com” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are listed in the section called “Definitions” at the end of the Agreement.

Acceptance of this Agreement

To use KPI6.com, you must carefully read this Agreement and accept it by clicking the button to confirm your acceptance. If you do not accept this Agreement, you cannot use the Service.

Content of KPI6.com and unauthorized use of KPI6.com

Content available on KPI6.com

The content available on KPI6.com is protected by the applicable intellectual property laws and the related international treaties. Unless otherwise indicated, the use of any content is permitted exclusively within the limits established in this clause.

The Owner grants the User, for the duration of the Agreement, a personal, non-transferable, and non-exclusive license to use that content. This license is intended solely for the User’s personal use of the content, never for commercial use, and is limited to the User’s device.

Therefore, the User may not copy and/or download and/or share (beyond the limits set out below), modify, publish, transmit, sell, sublicense, modify, transfer/assign to third parties, or create derivative works from the content—including content belonging to third parties—available on KPI6.com, nor allow third parties to do so through the User or the User’s device, even without the User’s knowledge.

Where expressly indicated on KPI6.com, the User may be authorized—solely for personal use—to download and/or copy and/or share certain content available through KPI6.com, for personal use only, provided that the copyright notices and any other notices required by the Owner are properly implemented.

Content provided by third parties

The Owner does not moderate content or links provided by third parties before their publication on KPI6.com. The Owner is not responsible for any third-party content or its availability.

For the purpose of providing the Service, KPI6.com may use third-party content. In this regard, the User must not:

• Use any third-party content (in aggregated form or otherwise) in connection with any online advertising network, ad exchange, or data broker.
• Remove or alter any proprietary notice, copyright notice, or trademarks from third-party content, or display any third-party content in such a way as to create a false or misleading impression of its origin or interpretation.

The User must defend, indemnify, and hold KPI6.com harmless from any claim arising from the User’s misuse of third-party content or from the violation of third-party terms of service, rules, and policies.

In the event of a violation of the rules set forth in this paragraph, the Owner reserves the right, at its sole discretion, to immediately block the User’s access to third-party content.

Content provided by the User

Users are responsible for their own content and any third-party content they share through KPI6.com, which they upload and publish on or through KPI6.com, or transfer by any other means. Users confirm that they have obtained all necessary consents from any third parties whose data and/or content they share with the Owner, and hereby indemnify the Owner from any liability or claim that may arise against the Owner in connection with the unlawful distribution of third-party content or the illegal use of the Service. The Owner does not moderate content provided by users or third parties, but will intervene if it receives complaints from users or if public authorities issue orders concerning content deemed offensive or illegal.

In particular, the Owner may decide to suspend or discontinue the display of the content if:

• other users submit complaints;
• a notice of intellectual property rights infringement is received;
• such action is decided upon in view of, or as a result of, legal proceedings;
• such action is requested by a public authority; or
• the Owner believes that the content, while accessible through KPI6.com, could endanger users, third parties, the availability of the Service, and/or the Owner.

Rights to content provided by Users

The only rights granted to the Owner concerning user-provided content are those necessary to operate and maintain KPI6.com.

Unless otherwise specified, the following applies: by submitting, posting, or displaying content on or through KPI6.com, the User grants the Owner a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via any distribution methods now available or developed in the future.

Services provided by third parties

Users may use third-party services or content included in KPI6.com, but they must be aware of such third parties’ terms and conditions and have provided their consent. Under no circumstances shall the Owner be held responsible for the proper functioning or availability, or both, of third-party services.

Prohibited use

The Service must be used only in accordance with these Terms.

Users may not:

• Reverse engineer, decompile, disassemble, modify, or create derivative works based on KPI6.com or any part of it.
• Circumvent any technology used by KPI6.com or its licensors to protect content accessible through it.
• Copy, store, modify, change, prepare any derivative work, or otherwise alter any content provided through KPI6.com.
• Use any robot, spider, site search/retrieval application, or other device, process, or automatic means to access, retrieve, scrape, or index any portion of KPI6.com or its content.
• Rent out, lease, or sublicense KPI6.com.
• Defame, abuse, harass, use threatening practices, threaten, or otherwise violate the legal rights of others (such as rights of privacy and publicity).
• Distribute or publish content that is illegal, obscene, unlawful, defamatory, or inappropriate.
• Illegitimately appropriate any account in use by another user.
• Sign up for or use the Service to contact other users for the purpose of promoting, selling, or advertising products or services of any kind through KPI6.com in any way.
• Use KPI6.com in any other improper way that violates these Terms.

Terms and Conditions of Sale

Purchase

Paid services

KPI6.com offers additional services or subscriptions upon payment of a fee. The fees, duration, and terms for paid accounts and services are outlined in the relevant section of KPI6.com.

Trial period

Should KPI6.com offer a trial period, the User will have the opportunity to test, free of charge and for a limited time, some of the paid features offered by KPI6.com. The details of the trial conditions will be provided as part of the subscription setup or use of the Service.

Recurring payments

Recurring payments begin on the date on which the User chooses a paid subscription or modifies an existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Automatic renewal

Recurring subscriptions are automatically renewed through the payment method chosen by the User at the time of purchase. The renewed subscription will have the same duration as the original service period. Users can cancel the automatic renewal at any time by modifying the preferences for the chosen payment method. If the User cancels automatic renewal, KPI6.com may be required to terminate their subscription once it expires.

Right of withdrawal

Right of withdrawal

Users who have purchased one or more Services and qualify as consumers have the right to withdraw from the contract within 14 (fourteen) days from the date of the contract’s conclusion, without providing any reason. To exercise the right of withdrawal, the User must inform the Owner, without any formalities, of the decision to withdraw by sending an unequivocal statement to the address indicated in this document.

Effects of exercising the right of withdrawal

Any refundable amount will be returned by the Owner without undue delay and, in any event, within 14 days from the User’s withdrawal notice, using the same payment method the User used for the original transaction, unless the User has expressly agreed otherwise.

Applicability of the right of withdrawal

The clauses regarding the exercise of the right of withdrawal, as well as its consequences and exceptions, apply exclusively to Users who qualify as consumers, i.e., Users acting for purposes that can be deemed unrelated to their trade (or entrepreneurial) or professional activity.

Limitation of the right of withdrawal

The User acknowledges and agrees that the right of withdrawal does not apply, among other things, to contracts for the provision of services after the service has been fully performed by a professional, if performance began with the User’s express consent and their agreement to waive the right of withdrawal. Therefore, if the Service has already been provided at the time of the withdrawal request and the User requested its execution, fully understanding the loss of the right of withdrawal, withdrawal can no longer be exercised. The User also acknowledges and agrees that withdrawal does not apply to the provision of digital content through a non-physical medium once the performance of the contract has started with the User’s express consent and their acknowledgement of the loss of the right of withdrawal.

Indemnification and limitation of liability

Indemnity

Kpi6.com and all features accessible through Kpi6.com are made available to Users under the terms and conditions of this Agreement, without any express or implied warranties, except as required by law. In particular, no warranty is provided regarding the suitability of the offered services for the User’s specific goals.

Kpi6.com and the features accessible through Kpi6.com are used by Users at their own risk and under their own responsibility. In particular, to the extent permitted by applicable law, the Owner is liable for contractual and non-contractual damages to Users or third parties only in cases of willful misconduct or gross negligence, where such damages are the immediate and direct result of KPI6.com’s activity. Therefore, the Owner shall not be liable for:

• Any losses that are not a direct consequence of the Owner’s breach of the Agreement;
• Any loss of business opportunities or any other loss, even if indirect, that the User may incur (including, but not limited to, business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• Damages or losses resulting from interruptions or malfunctions of KPI6.com due to force majeure or otherwise unforeseeable and unexpected events, in any case beyond the Owner’s control, such as, by way of example but not limited to, failures or interruptions of telephone or electrical lines, the internet and/or other transmission methods, website unavailability, strikes, natural disasters, viruses and cyberattacks, interruptions in the delivery of third-party products, services, or applications;
• Misuse or improper use of KPI6.com by Users or third parties.

Various

Service interruption

To ensure the best possible use of the Service for Users, the Owner reserves the right to interrupt the Service for maintenance or system updates, notifying Users through regular updates posted on KPI6.com.

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit any portion of KPI6.com and its Service without the prior express written consent of the Owner, given either directly or through an appropriate resale program.

Intellectual Property Rights

All trademarks, whether denominative or figurative, and all other marks, trade names, service marks, factory marks, illustrations, images, or logos related to KPI6.com are and remain the exclusive property of the Owner or its licensors, and are protected by applicable trademark laws and related international treaties.

All trademarks and other marks, trade names, service marks, factory marks, illustrations, images, or logos referring to third parties and the content published by such third parties on KPI6.com are and remain the exclusive property of those third parties and their licensors, and are protected by the applicable trademark laws and related international treaties. The Owner does not own any of the aforementioned intellectual property rights and may use them only within the limits and in accordance with the agreements made with such third parties and for the purposes described in this document.

Software License

Kpi6.com grants Users a revocable, personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the Software and/or any other technical means incorporated into the Service provided by KPI6.com. This license is intended solely to allow Users to use the Service within the limits and in accordance with this Agreement and/or any other applicable rules. Users are required to use the Service in compliance with the Owner’s intellectual and industrial property rights.

The Software relating to the Service, as well as any other copyright or intellectual property rights, is the exclusive property of the Owner and/or its licensors. The User does not acquire any right or title to the Software and acknowledges that the use thereof is non-exclusive and non-transferable, limited to the duration of the use of the Service, via remote connection over the Internet, for the provision of the Services under this Agreement. The right to use the Software does not grant any right to the original source code. All techniques, algorithms, and procedures contained in the Software and its related documentation are protected by copyright and are the exclusive property of the Owner or its licensors; they therefore may not be used by the User in any manner for purposes other than those set forth in this Agreement.

All rights and license grants to the User immediately terminate upon the termination or expiration of this Agreement.

Attribution for materials and analyses provided by KPI6.com

All digital or printed copies of reports, analyses, results, other materials, or information generated or produced in providing the Service must include the following attribution to KPI6.com: “Source: KPI6.com.

Modifications to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within KPI6.com.

Users who continue to use KPI6.com after the publication of the modifications accept the new Terms in their entirety.

Assignment of the Contract

The Owner reserves the right to transfer, assign, novate, or subcontract all or part of the rights or obligations arising from these Terms, provided that the User’s rights under the Terms are not compromised.

Users may not assign or transfer in any way their rights or obligations arising from these Terms without the Owner’s written permission.

Contacts

All communications related to KPI6.com must be sent using the contact information provided in this document.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that clause will be removed, and the remaining provisions will not be affected and will remain in force.

Governing Law and Jurisdiction

These Terms and any dispute concerning the implementation, interpretation, and validity of this agreement are subject to the law, the jurisdiction of the State, and the exclusive jurisdiction of the courts where the Owner has its registered office. An exception to this rule applies in cases where the law provides for a sole jurisdiction for consumers.

Dispute Resolution

Online Dispute Resolution for Consumers

Consumers residing in Europe should be aware that the European Commission has established an online platform for alternative dispute resolution, which provides an out-of-court method to resolve any disputes arising from online sales contracts and services. Consequently, if you are a European consumer, you can use this platform to resolve any disputes arising from the online contract concluded with the Owner.

Definitions

Sample Withdrawal Form Addressed to:

KPI6.com srl
Piazza Antonio Casotti, 2
42121 Reggio Emilia
Italy
info@kpi6.com

I/We notify the intention to withdraw from my/our sales contract for the following goods/for the provision of the following service:

(insert a description of the goods/services subject to withdrawal)

Ordered on: ____________________

(insert date)

Received on: ____________________

(insert date)

Name of consumer(s): ____________________

Address of consumer(s): ____________________

Date: ____________________

(signature if the form is notified on paper)

Service

The service provided by KPI6.com as described in these Terms and on KPI6.com.

Terms and Conditions (or Terms)

These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

User

Any user of the Service, whether a natural person or a legal entity.

Last Update: June 1, 2018
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