Terms of use Cloud service

The D’AVINCI Cloud service is a service managed by D’AVINCI Security Products Srl, which has its registered office in Via Antonio Tolomeo Trivulzio,1 – 20146 – Milano (MI), with VAT number 12908830966.

These conditions of use (together with the documents attached) contain the terms of use established for the use of the D’AVINCI Cloud service for Consumer Users and Installers.

Use of the D’AVINCI Cloud includes access, browsing or registration to the D’AVINCI Cloud and its available services.

D’AVINCI Security Products Srl invites you to read these terms of use carefully before starting to use the APP D’AVINCI, as they will be applied to the use of the Cloud D’AVINCI.

Please print a copy of this document for future reference.

By using the D’AVINCI Cloud service, the User confirms that he accepts and complies with these terms of use.

The D’AVINCI Cloud service cannot be used if you do not accept these terms of use.

These terms of use refer to the following additional conditions that also apply to the use of the D’AVINCI Cloud service:

– the Privacy Policy https://davincisecurity.eu/privacy-policy/ establishes the conditions under which D’AVINCI Security Products Srl processes personal data collected or directly provided by the User. Information on the cookies used on davincisecurity.it is also included. By using the D’AVINCI service, the User gives his consent to the processing of such data and guarantees that all the data provided is correct.

– Conditions of use of the APP for mobile devices: are applied where the User interacts with a security system (“System”) using a mobile device containing the mobile application of D’AVINCI Security Products Srl “D’AVINCI APP”.

These terms of use do not regulate the purchase and/or installation of your security system and/or other components (whether purchased from third parties or directly from us) and only concern the use of D’AVINCI’s Cloud service.

If the User accesses the D’AVINCI Cloud service through a contract with a third party Installer, Reseller or System Administrator, and regardless of whether this contract provides additional rights and conditions for the Installer, This will not enjoy any other rights in relation to D’AVINCI Security Products Srl than those established by this agreement.

D’AVINCI Security Products Srl is not responsible for the terms or charges applied by third parties in relation to services that include access to the D’AVINCI Cloud service; any claim under these agreements will be against third parties and not against D’AVINCI Security Products Srl.

The General Terms of Contract govern the terms and conditions for the provision, by D’AVINCI Security Products Srl and use, by the End User and Installer, of the D’AVINCI Cloud service (hereinafter also “Service”), after reading and accepting these Terms and Conditions in full.

Access and use of each Service, made with any compatible device, therefore presupposes the full knowledge and acceptance by the User. The use of the service is conditional on the purchase of a control panel or a D’AVINCI compatible device.

 

1. Definitions

The Parties note that the meaning given to the definitions contained in this document is as follows:

– APP: the application D’AVINCI (valid for IOS and Android devices) used on the mobile device of the User and the Installer to access the functions offered by the server “Cloud D’AVINCI”;

– Installer Software: the D’AVINCI PC software used on the Installer’s PC to access the functionalities offered by the “D’AVINCI Cloud” server;

– Service/s: the “AVINCI Cloud” Service/s reserved/s for registered users and installers on D’AVINCI APP;

– Contract: the present General Conditions of Contract, in all its parts;

– Parties: the User, the Installer and D’AVINCI Security Products Srl;

– User: D’AVINCI Cloud service user;

– Installer: user of the D’AVINCI Cloud service.

2. Service Description

D’AVINCI Security Products Srl provides to the Users and Installers who have purchased a central alarm or device compatible with D’AVINCI, a proprietary infrastructure accessible from all compatible devices, and after installation of the D’AVINCI App, in order to allow the control, monitoring and programming of the installed anti-theft system.

The user of the service “Cloud D’AVINCI” acknowledges and accepts that any data necessary for the provision of the service is used for the purposes indicated above.

The Service User acknowledges and accepts that he may receive commercial communications, from D’AVINCI Security Products Srl or third parties, by email or push notification, during or after the use of the service itself.

The receipt by the User of such commercial communications will end with the termination, for any case occurred, of the Service.

3. Subscription and withdrawal of the Service

3.1 To join the User Service you must have a connection to the INTERNET network via cable service (ADSL, Fiber, etc.) and/or device compatible with the standards and technologies of second, third and fourth generation (2G/3G/LTE) and above and have installed the D’AVINCI application (Android and IOS) of D’AVINCI Security Products Srl.

3.2 The use of the services provided by D’AVINCI Security Products Srl is reserved exclusively to customers and installers D’AVINCI Security Products Srl, legal persons and natural persons over 18 years old after registration on APP D’AVINCI (IOS and Android). Membership in the Service is not transferable to third parties.

Upon communication by D’AVINCI Security Products Srl to the User, access to the Service may be revoked, resulting in termination of this Agreement and deletion of the user’s data after a period of 3 months from the termination of the same.

In no case will D’AVINCI Security Products Srl be responsible for the deletion, loss, alteration or destruction of information previously uploaded by the user to use the service Cloud D’AVINCI.

D’AVINCI Security Products Srl reserves the right to revoke access to the Service to any User who at any time becomes responsible for violations of this Agreement or has provided false personal information.

3.3 D’AVINCI Security Products Srl reserves the right to modify, supplement this Agreement, or parts of it, at any time, Giving notice to the User by the appearance of a warning in overlay at the time of use of the APP that will allow or not the User to accept them.

3.4 The User has the right to withdraw from the Service at any time without penalty, by sending a written notice to the email address info@davincisecurity.eu. The User who has exercised the withdrawal may request re-registration. All the information uploaded by the User who has exercised the withdrawal may be removed without any responsibility on the part of D’AVINCI Security Products Srl.

4. Management and use of the Content

4.1 The service provided by D’AVINCI Security Products Srl through the APP D’AVINCI is only for personal use by the users. In no case is the Users allowed to use the service for direct or indirect commercial and/or advertising purposes.

4.2 Users acknowledge that D’AVINCI Security Products Srl is not obliged to verify the information uploaded, unless this is necessary to comply with legal provisions, requests from the Judicial Authority or other competent Authority, and that will not carry out any prior control over the Content, as it is not subject to any general obligation of supervision and therefore cannot be held responsible for the nature and characteristics of the Content, or for any errors and/or omissions in the same, as well as for any direct and/or indirect damages arising to the Users themselves and/or third parties from the use of the same Content. Users, therefore, will be solely responsible for the information entered or transmitted through the Service, as well as the accuracy and veracity of the same. Users undertake to use the Service exclusively for lawful purposes and permitted by the provisions of applicable law, customs and practices, rules of care and in any case, without prejudice to any third party rights.

4.3 D’AVINCI Security Products Srl, for purposes related to the guarantee of continuity of the Service, reserves the right to keep backup copies of all the Content uploaded by the User. Data deleted by users will also be deleted from backup copies as soon as possible, consistent with the technical time of backup management.

D’AVINCI Security Products Srl will delete the backup copies of the contents in any case of revocation of access to the Service and in cases where the Contents are deleted by the User

5. Terms of use of the “D’AVINCI Cloud” services

The User and the Installer agree to use the “D’AVINCI Cloud” services in accordance with these Terms of Use. The User and the Installer expressly undertake not to use the “D’AVINCI CLOUD” services for illegal purposes, in a fraudulent manner and, in general, contrary to current legal regulations. The User agrees to use the “D’AVINCI Cloud” services for his personal needs. The Installer undertakes to use the “D’AVINCI Cloud” services for the needs of his professional activity. Any other use of the services “Cloud D’AVINCI” will be considered illegal. The User and the Installer undertake to use the “D’AVINCI Cloud” services only for the purposes for which they were designed by D’AVINCI Security Products Srl and never in a different or incorrect way. The Installer undertakes not to collect personal data of the User, except during tests carried out during the installation and in the presence of the User. Therefore, the Installer may not consult, save or store data collected with the services “Cloud D’AVINCI” and concerning the User unless expressly authorized by the User. The Installer may not control or interfere with the services of “Cloud D’AVINCI” without prior authorization from the User.

D’AVINCI Security Products Srl is not responsible for any intrusion by the Installer in case of authorization from the User.

The User and the Installer are informed that “D’AVINCI Cloud” is not a CMS (Control Monitoring Station) system.

The User acknowledges that he cannot use the D’AVINCI Cloud service for any emergency, as D’AVINCI is not a monitoring station.

The use of the D’AVINCI Cloud service is at the User’s own risk. The User will be solely responsible (and D’AVINCI disclaims all liability) for any loss or damage arising from the use of the Cloud service by D’AVINCI, including any loss, liability or damage caused to the User, his property, his assets, his personal possessions.

If the User or Installer collects data from third parties, they must carry out all the required formalities related to the information for interested parties and the possession of personal data. The User and the Installer must, more generally, take all necessary precautions regarding data protection and ensure its security by the means necessary. The disclosure of data or their loss by the User or Installer does not imply the responsibility of D’AVINCI Security Products Srl. Any intrusion or attempted intrusion resulting from access to data or its theft by piracy, or alteration or loss of data due to a virus does not imply the responsibility of D’AVINCI Security Products Srl.

The User and the Installer are fully responsible for saving, storing and processing data collected with the “D’AVINCI Cloud” services.

D’AVINCI Security Products Srl cannot be the recipient of complaints and claims from third parties due to the use of the services “Cloud D’AVINCI”.

The User and the Installer are fully responsible for saving, storing and processing data collected with the “D’AVINCI Cloud” services.

D’AVINCI Security Products Srl cannot be the recipient of complaints and claims from third parties due to the use of “Cloud D’AVINCI” services.

The User and the Installer mutually acknowledge that during the process of purchase and installation of “Cloud D’AVINCI” personal data will be processed for the sole purpose of performing the purchase and installation contract in which the User is the direct subject, as provided by these terms and conditions.

The communication by the User of credentials or access codes to the archives and the “D’AVINCI Cloud” system to the Installer constitutes an explicit manifestation of consent that the Installer accesses and processes the stored personal data.

The information given in this paragraph is for all purposes informative on the processing of personal data, pursuant to art. 13 of Legislative Decree 196/2003.

 

6. Service Charges and Options

6.1 If the User accesses D’AVINCI’s Cloud services through a contract with a third-party Installer, Reseller or System Administrator, and regardless of whether this contract provides additional rights and conditions for the Installer, This will not enjoy any other rights in relation to D’AVINCI Security Products Srl than those established by this agreement. We are not responsible for any terms or charges applied by third parties in relation to the D’AVINCI Cloud services; any claims under such agreements will therefore be against third parties and not against us.

6.2 The use by the User of optional services and/or additional features, free or for a fee, that may be made available by D’AVINCI Security Products Srl, implies the full acceptance of the terms of use thereof and, where applicable, the payment methods.

6.3 D’AVINCI Security Products Srl does not guarantee that the characteristics of the services provided free of charge will remain such and reserves the right to suspend them at any time.

7. Security, Password and Privacy

7.1 D’AVINCI Security Products Srl guarantees the Users regarding the adoption of the highest standards of security to protect the privacy and personal information of each member.

Access to D’AVINCI’s cloud services is only allowed to Users and Installers who have registered an account through D’AVINCI APP.

Such user may authorize other users (“Client Users”) to interact with the System through the use of D’AVINCI APP.

It is necessary that the Administrator maintain a secure password for his account at the Cloud service of D’AVINCI, and that the Administrator and all Users APP keep their password or other access credentials confidential.

7.2 D’AVINCI Security Products Srl reserves the right to disable at any time any user identification code or password, chosen by the User or assigned, if it reasonably believes that any provision of these Terms of Use has been violated.

7.3 If you believe or suspect that third parties are aware of your user identification code or password, or other login credentials registered to an APP User with system access, You must notify us promptly by email to  info@davincisecurity.eu.

However, it is essential that the Users keep in mind that no computer system, although subject to the most stringent control and equipped with the most advanced security technologies, can be considered safe from violations and/ or unauthorized access by third parties. For these reasons, D’AVINCI Security Products Srl does not assume any guarantee towards the User against damages of any kind and nature that the User may suffer due to loss or breach of personal data by third parties.

7.4 The following shall not be permitted:

7.4.1 attempt to copy, duplicate, modify, create derivative works or distribute, in part or in full, the Software, except as expressly provided herein or as permitted by any relevant law, the application of which cannot be waived by agreement between the Parties; or

7.4.2 attempt to decompile, disassemble, reverse engineer or otherwise humanly understand any part of the Software, in whole or in part, except as permitted by applicable law, the application of which cannot be waived by agreement between the Parties; or

7.4.3 access, totally or partially, to Cloud D’AVINCI in order to build a product or service competing with the Software.

7.5 It is not guaranteed that the D’AVINCI Cloud service, or any of its contents, will be free from errors or omissions.

 7.6 It is not guaranteed that the D’AVINCI Cloud service, or any of its contents, will always be available or continuous. D’AVINCI Security Products Srl reserves the right to suspend, revoke, interrupt or modify, totally or partially, the service Cloud D’AVINCI for any reason and without notice. D’AVINCI Security Products Srl will not be held liable to the User if for any reason the service D’AVINCI Cloud is not available at any time or for any period.

7.7 The User is responsible for all arrangements necessary to allow access to the D’AVINCI Cloud service.

8. Maintenance and updates

8.1 D’AVINCI Security Products Srl reserves the right to periodically update the D’AVINCI Cloud server and change its content or features at any time. However, the contents on the D’AVINCI Cloud server may not always be updated and D’AVINCI Security Products Srl is not required to update them.

8.2 If the User encounters any problem with the Cloud D’AVINCI service, he is invited to report it by email to info@davincisecurity.eu

9. Disputes, Forum and applicable law

9.1 This Agreement is governed by Italian law, regardless of the nationality, residence and/or domicile of the User.

9.2 The exclusive competence for any dispute that may arise between the User and D’AVINCI Security Products Srl regarding the interpretation, execution, validity, the effectiveness and termination of this Agreement and in general all disputes on the resulting rights available to the Parties, including compensation, will be the responsibility of the Bari Court (ITALY).

9.3 The User shall indemnify D’AVINCI Security Products Srl and/or its related companies from any type of expenses incurred, including legal fees and representation costs, including arbitration, for disputes arising from your misuse of the D’AVINCI Cloud services and/or any breach of this Agreement that is found to be on your account.

10. Final User Statement

I have read and understood this Agreement in its entirety and accept it without reservation. I am aware of the responsibilities associated with the breach of this Agreement and the consequences that such breaches may entail. In particular, the User declares to be aware of and expressly accepts the following articles and their subarticles: 2,3,4,5,6,7.

Last updated on 9/05/2024

D’AVINCI Security Products Srl – Registered office: Via Antonio Tolomeo Trivulzio,1 – 20146 – Milano (MI)

Tax Code and VAT number: 12908830966