These Terms of Service (“ToS”) govern the way in which Ianum, Inc. (“Provider”) provides the service detailed in Section 1.2 [hereinafter the “Service”] to the professional operator (“User”).
The Service is in the field of data management and user authentication, the platform allows to manage a user’s access to a computer system and to manage his data in a transparent way. More in detail it allows you to:
uniquely identify a user
request one or more of your personal data
request personalized data about the user as a customer of a service (e.g. serial number, license plate number, registration code for a certain service, etc.)
save the data shared by the user, or produced by the user himself within the computer system, in a secure and encrypted virtual safe, with the keys in the owner’s hand
manage the right to be forgotten, i.e. to allow the user to unsubscribe from the website to which he or she has registered via Ianum
The Service is rendered in the state of fact, known to the professional operator, at the time of activation.
The ToS are of a general nature and may be subject to changes determined by subsequent legal and/or regulatory provisions.
The Service is intended only for a professional operator and therefore the User declares that he/she is a professional operator.
2 – Service Activation
Access to the Service is allowed only after authentication by using an activated device, be it a Smartphone without root privileges with the App downloaded from the official stores, or any device able to save and manage certificates and RSA keys (smart card, USB security keys, etc.) provided by one of our partners.
By activating the service you declare that you accept these Terms of Service and, in the case of a company, to validly represent such company having the necessary powers.
3 – Economic conditions
The User uses the Service according to the license chosen during the activation phase.
4 – Supplier’s representations, obligations and warranties
Provider warrants that the User will use the Service as described.
The obligations and responsibilities of the Provider towards the User are exclusively those defined by the ToS: therefore in any case of violation or lack of performance attributable to the Provider, the Provider will be liable only for the performance due, and any other indemnity or compensation to the User for direct or indirect damages of any nature or kind is expressly excluded.
The Provider reserves the right to interrupt the provision of the Service to proceed with technical interventions aimed at improving its operation.
The Provider shall in no case be considered liable for the use made of the Infrastructure in relation to critical situations involving, by way of example, specific risks for the safety of persons or specific risks in relation to health services or medical devices.
The Provider does not assume, in any case, any responsibility for the information, data, content entered or transmitted and, in any case, processed by the User, for itself or for third parties or by the latter if authorized by the User, and in general for the use made by the same of the Service.
The Provider reserves the right to take any initiative and action to protect its rights and interests, including the communication to the parties involved of data useful to allow the identification of the User.
The Provider shall in no case be liable for any damage, direct or indirect, of any kind or type, caused by the User to third parties who in any way and form and for any reason have used the Service.
5 – User Representations, Obligations and Warranties
The User has the right to use the Service according to the description of the service and acknowledges that he is entitled only and exclusively to the compensation provided for therein in case of non-compliance with the same, excluding any other compensation.
The User guarantees that the data and information provided to the Provider are true, correct and freely available.
The User, also in the name and on behalf of third parties who may, for any reason, have allowed to use the Service, undertakes to use the Service itself exclusively for lawful purposes and permitted by the provisions of the law applicable from time to time, by customs and habits, by the rules of conduct and in any case without infringing any rights of third parties, assuming all responsibility in this regard.
The User declares to be the sole and exclusive administrator / user of the Service and as such declares to be solely responsible for (i) the loss or disclosure of access credentials; (ii) the content of data accessible and/or made available through the service and in any case, for any reason, transmitted or put online; (iii) malfunctions of the Service for any use not in accordance with the purposes of use of the Service; (iv) the management of access to the service that is assumed to be always carried out by the User or by a person authorized by the User.
The User undertakes to update his/her personal data and contact details including email address.
The User also undertakes to promptly inform the Provider of any unauthorized use of his/her account or any other breach of security found.
The User undertakes, now for then, to indemnify and hold Provider harmless from any and all claims or demands of third parties for damages caused to them by or through the use of the Service. The User shall bear all costs, damages and charges, including any legal fees, that may arise from such liability actions and undertakes to inform the Provider should such action be brought against him/her.
The User undertakes to communicate and enforce any third parties to whom he has allowed, for any reason, to use the Service, all the requirements of the contract, none excluded, also undertaking to indemnify and hold harmless the Provider from any claims and / or claims for damages by anyone who are entitled to violate these requirements and in any case in the conduct of the User or the aforementioned third parties.
6 - Industrial property rights
The software and know-how and any other proprietary object that will be provided for the performance of the Service shall belong to the Provider.
The User undertakes to use everything indicated in paragraph 6.1 above, in the terms of the ToS, undertaking, at the same time, not to transmit it to third parties or disclose it by any means and/or method if not provided for in the performance of its contractual obligations, except with the written consent of the Provider.
7 – Confidentiality
The information in any way communicated and/or provided and/or collected by the User will not be used for purposes other than those covered by the ToS, except however:
the Provider must comply with regulatory or legal obligations or requests from Authorities which cannot be refused, or
the Supplier must comply with the Client’s requests.
8 – Duration
The Service will be provided at the end of the activation phase and will have the duration established in accordance with the chosen license.
Upon termination of the Service for any reason, the Supplier will deactivate the Service, giving notice thereof.
9 – Service Suspension
The Provider, at its discretion and without the exercise of this right being challenged as a breach or violation of the ToS, reserves the right to suspend the Service, even without prior notice in the event that it does not do so:
the User defaults or violates even one of the provisions contained in the ToS;
the Provider has evidence of the use of the Service by unauthorized third parties;
there is a case of force majeure or circumstances which, in the sole discretion of Provider, require it to carry out emergency interventions or relating to the resolution of security problems, danger to the entire network and / or people or property, in which case, the Service will be restored when Provider, at its discretion, has assessed that the causes that led to its suspension / discontinuation have been effectively removed or eliminated;
the User is involved, for whatever reason, in any judicial or extra-judicial dispute of a civil, criminal or administrative nature and in any case in the event that such dispute relates to acts and conduct carried out through the Service;
suspension is requested by the Judicial or Administrative Authority;
the User uses faulty or dangerous equipment and/or software or that present malfunctions that may cause security problems and/or vulnerability of the Service.
10 – Termination
The User will always have the right to terminate the Service by expressly waiving any amounts already paid when choosing the license, but not yet used.
Provider reserves the right to terminate the Service by notifying the User at least 30 (thirty) days in advance and allowing the User to retrieve a copy of his/her data.
11 – Resolution
In the event of a breach by the User of the ToS clauses, Provider reserves the right to terminate the contract.
From the date of termination and/or termination of the contract in the cases provided for in this article, the Service will be deactivated and the Provider will have the right to charge the User for any additional charges that the User may have had to sustain, without prejudice, in any case, to her/his right to compensation for any damages suffered.
12 – Privacy