Terms of Service | Sellf CRM

Terms of Service

Terms of use for the service

This release of the Terms of use was updated on October 6th, 2016..

GENERALS

These terms of use (hereinafter “Terms of use”) regulate the supply and use of a service through mobile application and websites, offered by Sellf S.r.l., with registered office in Roncade, Tenuta Ca’ Tron, Via Sile, 41 – 31056, Taxpayer’s Code and VAT number IT04608990265 (hereinafter the “Company”), which gives the opportunity to all those who download the Sellf application (the “Users”, as defined herein) to manage customers, events, meetings, professional activities, reports and much more (the “Service”). All this as is better described in art. 5.3 below.
All the technical specifications of the Application, its specific operation and the answers to the most frequently asked questions can be found at the following link: http://sellfapp.com/discover-sellf/.

1. Definitions

The terms defined below shall have the following meaning, when they are mentioned in this document:

a) Application: free-of-charge software application (called “Sellf”) for mobile devices and accessible via browser web, designed and implemented by the Company, which enables the Service to be used;

 

b) Activation: operation performed by the User who activates the Premium Version of the Service;

 

c) Contract: the agreement by and between the Company and the User for the use of the Service in its Premium Version;

 

d) Fee: the amount that the User shall pay to the Company for the use of the Premium Version;

 

e) Market Place: mobile applications or websites (such as Google Play or App Store), by means of which the User can download the Application;

 

f) Panel: the area for the activation and use of the Service functions;

 

g) Registration: operation whereby the User enters his/her identification data, after the Application download, necessary to use the Service;

 

h) Service: the set of services that the User can use via the Application, as regulated in these Terms of use;

 

i) User: the natural and/or legal entity that downloads the Application, registers to the application and may decide to sign the Contract with the Company in order to use the Premium Version;

 

j) Free Version: free Service function, whose features are described at the following link: http://sellfapp.com/new-pricing/ under “Free”;

 

k) Premium Version: Service function, linked to the Contract between the Company and the User, which gives the opportunity to use all the functions mentioned in art. 5.3 below, with a difference between the various subscription plans described in the following page: http://sellfapp.com/new-pricing/

 

l) Website: the Company website available at page http://sellfapp.com/

 

2. Closing of contract

2.1. The Contract is closed when the User purchases the Premium Version of the Service through the Application.

3. Applicability of the Terms of use

3.1. The User must carefully examine these Terms of use before starting the use of the Service, being agreed that the use of the Service implies the total and absolute knowledge of the Terms of use and their complete acceptance.

3.2. The User therefore undertakes to comply, in his/her relationships with the Company and with third parties, and while using the Service, with the Terms of use and also acknowledges that the Company is not bound to other terms than these, unless they have been agreed in advance in writing.

4. Fee of the Service – Methods of payment

4.1. Free Services are at no cost to the User.

4.2. Premium Services are provided to the User on payment of a Fee through the Website or the Market Places, for the amounts stated in the following link: http://sellfapp.com/new-pricing/

5. Registration, Conditions and Technical requirements for the use of the Service and its functions

5.1. The mobile Application can be downloaded from the Website or from the Market Places, in full compliance with the modes, tools and technologies applied by the above mentioned platforms. The two above mentioned systems (Google Play and App Store) are not connected and the portability of the purchase from one platform to the other is not possible.

5.2. In order to access the Application and, therefore, the Service it is necessary to register in advance at the Website or directly on the Application for iPhone or for Android, with the assignment of a personal user name and password, or by means of Facebook Connect or Google sign-in.

5.3 The Service mainly includes the functions which differ in the subscription plans listed at following link: http://sellfapp.com/new-pricing/.

5.4 For an appropriate and complete use of the Service and all its functions, as described in art. 5.3 above, the User must enter in the Application all the information that is required from him/her during their first use of the Application. The more (and more detailed) information the User provides, the more functions and potential of the Application and of the Service the User will be able to use.

6. Obligations and limitations of liability

6.1. The Company’s obligations and liability towards the User are defined in these Terms of use, therefore in any event of damage caused by using the Service, the Company shall be held liable within the limits of these provisions, while any other indemnity or compensation to the User for any material or consequential damage of any kind or nature remains as of now expressly excluded.

6.2. The Company shall be exclusively liable within the limits of the Fee, except in case of gross negligence or wilful misconduct.

6.3 The Company shall not, in any case, be held responsible for the information, data, contents included or transmitted and in whatever way processed by the User and in general for the use of the Service by the User and reserves the right to take any step and action to protect its own rights and interests.

7. Minimum Service Levels

7.1. The Company guarantees that the Service can be used by means of the Application around the clock, without interruptions, except for any network interruptions that do not directly depend on the Company.

7.2. The Company reserves the right to suspend the provision of the Service to carry out any maintenance service aimed at improving the operation of the Application.

8. User Obligations and Rights

8.1. The User is entitled to use the Service in compliance with the minimum Service levels as per art. 7 above and acknowledges that he/she has only and exclusively right to indemnification as per Art. 6.2 in case of failed achievement of such service levels, with the exclusion of any other compensation or indemnification for any material or consequential damage of any kind or nature.

8.2. The User guarantees that data and information communicated to the Company for the purpose of stipulating the Contract are true, correct and such as to make his/her identification possible. The Company reserves the right to verify such data and/or information and to request also additional documents that the User as of now undertakes to send.

8.3. The User undertakes to use the Service exclusively for legal purposes which are admitted by the Terms of use and by applicable legal provisions, by customary law and usage, by the rules of diligence and in any case without affecting any right of third parties, taking all responsibilities with respect to this, and keeping the Company harmless from any claim put forward by third parties. The User states that he/she is the only and exclusive Service administrator and as such he/she states that he/she is the only one responsible (i) for the management of data and/or information and/or contents being processed, their security and saving; (ii) for the content of the information and of data accessible or made available in the Service and delivered by the User in whatever way; (iii) for Service malfunctioning resulting from any use which does not comply with the Terms of use.

8.4. The User also undertakes to promptly inform the Company about any non authorized use of his/her mobile device or “User profile” or about any other violation of security that he/she becomes aware of, so that the company can disable/suspend the Service.

8.5. The User undertakes, as of now, to keep the Company harmless from any request or claim of third parties for any damage caused to them by the User or by the use made by the User of the Service. The User shall bear all the costs, damage compensation and charges, including any legal fees and expenses, that may arise from these actions of liability and undertakes to immediately inform the Company, should such proceedings be initiated against him/her.

9. Customer Service Levels

9.1. The User must in any case promptly inform the Company of any anomalies or malfunctioning detected in the Service and, more in general, in the use of the Application. The Company shall make any reasonable effort to deal with the issues communicated by the User within 1 working day from the report.

10. Contract Duration

10.1 The provision of the Premium Version of the Service has a specific duration which is defined by the User when paying the Fee, under art. 4 above, starting from the purchase of the Service through the Application.

10.2 In the 3 (three) days prior to the expiry date as per Art. 10.1. above, the Company shall send the User a message through the Application Panel by which the Company will notify to the User the technical and economic terms and conditions to continue using the Service.

11. Service Suspension

11.1 Without prejudice to the application of art. 12 below, the Company, at its discretion and without the possibility to claim that exercising this right is a failure to comply with or in breach of the Contract, reserves the right to suspend the Service and/or the use of the Application, even without notice, in the following cases:

a) the User does not fulfil or breaches even just one of the provisions included in the Terms of use;

 

b) there are substantiated reasons to believe that the Service is being used by non authorized third parties;

 

c) there occur cases of force majeure or circumstances that, upon the unquestionable judgment of the Company, oblige it to carry out emergency actions or actions to resolve security issues, danger for the whole network and/or for people or things; in this case, the Service will be resumed when the Company, upon its discretion, has assessed that the causes that determined its suspension/interruption have been effectively removed or eliminated;

 

d) the User is involved, in any way, in any court or even out-of-court, in civil, criminal or administrative litigation and, in any case, if the said litigation relates to acts and behaviours implemented through the Service;

 

e) the suspension is required by the judicial authority.

 

In any situation of Service suspension attributable to the User, there is no prejudice to any action by the Company for damage compensation.

12. Withdrawal (for “Consumers” only)

12.1 In compliance with the provisions of Legislative Decree 206/2005 (“Consumption Code”), if the User falls within the definition of “consumer” under art. 3 of the Consumption Code, such User has the opportunity to withdraw from the Contract, without specifying any reason and at no penalty, within 14 (fourteen) working days from the date of Registering for the Premium Version, by sending within this time period (after which such right is forfeited) an explicit statement by means of registered letter with advice of receipt to Sellf S.r.l., with registered office in Roncade, Tenuta Ca’ Tron, Via Sile, 41 – 31056, or to email address hello@sellfapp.com or to fax +39 0422 789666

12.2 The User shall wait for the Company to send notice confirming the actual withdrawal.

12.3 If the withdrawal takes place in compliance with the terms defined in part 12.1. above, the Fee will be reimbursed by means of bank transfer to the bank account stated by the User in the withdrawal form. The money will be reimbursed within 14 (fourteen) days from the day when the Company receives notice of the User’s decision to withdraw.

12.4 Should the User fail to comply with the terms and criteria envisaged for the exercise of the right to withdraw, the User will not be entitled to be reimbursed the amounts already paid to the Company.

12.5 Users that decide to purchase the Premium Version directly from the Market Places are invited to read directly the legal Terms and Conditions that they find in the Market Place at the moment of purchase. These terms may change, from a legal point of view, with respect to the Market Place used and with respect to the country of the purchase.

13. Termination Clause – Termination by Default – Termination Terms

13.1 Without prejudice to any other provision, the Contract shall be construed as immediately terminated if the User:

a) breaches the obligations as per Articles 8.2., 8.3., 8.4., 8.5. of the Terms of use; or,

 

b) performs any illegal activity using the Service.

 

13.2 In case of failure to comply with the Contract obligations, the Company reserves the right to send to the User, in any moment, in accordance with and for the purposes of Art. 1454 of the Italian Civil Code, an invitation to remedy by 15 (fifteen) days from receiving the relevant message sent by the Company.

13.3 Subject to the provisions of the foregoing paragraphs 13.1. and 13.2., the Contract is automatically terminated and the Company will not be obliged to send any notice to the User, if the User, at the end of the period purchased for the provision of the Premium Version, does not pay the new Fee for renewal.

13.4 The Premium Version is disabled as from the date of Contract Termination, that takes place in the cases defined in this article.

14. Contract Amendments

14.1 The User acknowledges and accepts that the Service and, in general, the Application, are characterized by a continuously evolving technology, and also for these reasons the Company reserves the right to change the technical and economic features of the Service, of the tools related to it and to amend the Terms of use at any time, without this leading to any new obligations of any kind for the Company.

14.2 If the Company makes technical and economic changes that worsen or that represent a burden in terms of performance and/or economic terms, or amends the Terms of use in any part, these amendments shall be communicated to the User by email or by means of a notice through the Application. The above mentioned amendments shall become effective after 10 (ten) days from the date of their communication. By the same deadline, the User (be it a natural or legal entity) can exercise its right to withdraw from the Contract by means of written notice that must be sent according to the modalities and within the term defined in Art. 12 above. If the User does not exercise his/her right of withdrawal, according to the terms and modalities mentioned above, the changes will be construed as definitely known and accepted by him/her. Without prejudice to the above, the Company may amend the technical features, the systems and the resources as a consequence of the ordinary technological development of the hardware and software components, guaranteeing the same functions to the User.

15. Intellectual Property Rights and Prohibition to Resell

15.1 The User must use the Service and the Application in compliance with the intellectual and/or industrial property rights of the Company and of third parties used by the Company for the provision of the Service. Rights to trademarks, software, texts, contents, images and any other intellectual property right are exclusively owned by the Company and/or its assignors, therefore the User does not acquire any right or title with respect to these and must use them exclusively in the Contract period.

15.2 Unless otherwise agreed with the Company, it is expressly prohibited for the User to market the Service or the Application as agent or seller or dealer or distributor or licensee of the Company or in any other position and, furthermore, it is forbidden to market the User Code and Service.

16. Final Provisions

16.1 In no case can any default and/or behaviour of the User which are not in line with the Terms of Use be considered as exceptions to these Terms or as a silent acceptance of any such default or behaviour, even when they have not been challenged by the Company. Any lack of action by the Company in exercising or enforcing any right or clause of the Contract, does not imply a waiver of those rights or clauses.

16.2 Any total or partial lack of effectiveness and/or of validity of one or more clauses in the Contract shall not imply the lack of validity of the other clauses, which must be considered as totally valid and effective.

16.3 As to what is not expressly included in this Contract, the parties make express reference, within possible limitations, to existing law provisions.

16.4 Any complaint regarding the use of the Application or the provision of the Service must be sent to the Company under Art. 12 by 7 days from the occurrence of the event which is the object of the complaint. The Company will examine the complaint and will send a written reply. In case of complaints for particularly complex situations, which prevent the possibility of providing an exhaustive reply within the above terms, the Company will inform the User within the aforementioned terms about progress being made.

16.5 The User undertakes not to transfer the Contract to third parties.

17. Privacy

17.1 Any provision regarding the privacy of the User is available at the following link: http://sellfapp.com/privacy-policy-en/

18. Applicable Law

18.1 This Contract is exclusively regulated by Italian law.

18.2 Without prejudice to the options of application of the Consumption Code, in case of any dispute being in any way connected to these Terms of use, the Court of Treviso shall have competent jurisdiction.