Terms of Use

These Terms of Use («Terms») govern access to the Rivadesk marketing website and use of the Rivadesk service provided by File system. By accepting these Terms or using the site and service, the user fully agrees to the version in force. These Terms are a draft subject to legal review.

1. Parties and scope

The parties to the contractual relationship are:

• File system (—, registered office at Via Cavour, 66 - 81030 Orta di Atella (CE)) («Provider»), which supplies the Rivadesk service;

• the legal entity, business, self-employed professional or natural person who accesses the site or registers for the service («Customer»).

These Terms govern: (a) browsing of the marketing website, accessible to anyone; (b) use of the Rivadesk service via a registered account.

2. Registration requirements and use

Rivadesk is intended for business customers (B2B). To register and use the service, you must:

• be a legal entity, sole trader, self-employed professional or natural person with full legal capacity;

• provide accurate, truthful and up-to-date information at registration;

• keep your access credentials confidential.

The Customer is responsible for all activities carried out through their account. In case of unauthorised access or loss of credentials, the Customer must notify the Provider immediately by writing to —.

3. Description of the service and beta nature

Rivadesk is a SaaS platform offering management features (as specified in the product documentation). The Provider reserves the right to modify, update, suspend or discontinue, in whole or in part, service features, giving reasonable notice except in cases of technical or security urgency.

The service, or parts of it, may be provided in beta, preview or evaluation mode. In such phases features may be unstable, incomplete or subject to change without notice. Mandatory consumer rights under applicable law remain fully preserved.

4. User obligations and acceptable use

The Customer agrees to use the site and service in accordance with these Terms, applicable law and good faith. In particular, it is prohibited to:

• upload, transmit or share unlawful, defamatory, obscene, fraudulent content or content that infringes third-party rights;

• attempt unauthorised access, perform port scanning, inject malicious code or otherwise compromise the information security of the service;

• circumvent technical protection or access control measures;

• use the service to send unsolicited commercial communications (spam);

• carry out scraping, crawling or automated data collection in breach of the Provider's instructions;

• resell, assign or sub-license the service to third parties without prior written authorisation from the Provider.

The Provider reserves the right to suspend or limit access in case of breach of these provisions, without prejudice to further legal remedies.

5. Intellectual property

The site, the Rivadesk service, source code, graphics, design, logos, documentation, trademarks and other content supplied by the Provider are protected by applicable intellectual and industrial property law. These Terms do not transfer any intellectual property rights of the Provider to the Customer; only a limited, non-exclusive, non-transferable and revocable licence to use the service within the limits of these Terms is granted.

Content and data uploaded by the Customer to the service remain the property of the Customer. The Customer grants the Provider a limited licence to process such content solely to provide the service, as set out in the Privacy Notice and Data Processing Agreement (DPA).

For personal data processed on behalf of the Customer within the service, File system acts as data processor under Article 28 GDPR: by accepting these Terms, the Customer also fully accepts the DPA applicable to such processing, which forms an integral part of these Terms and is incorporated by reference (available on this site). For processing where the Provider acts as processor, in case of conflict the DPA provisions prevail.

6. Fees and billing

Fees for use of the Rivadesk service are determined according to the pricing plan in force at subscription, as stated in the commercial contract or on the dedicated section of the site. The Provider reserves the right to change prices, rates and the number of conversations included free at the start of each month at any time, with prior email notice to the registered Customer. Changes take effect from the date stated in the notice; continued use of the service after that date constitutes acceptance, without prejudice to the Customer's right to stop using the service before the changes take effect and to mandatory consumer rights. These Terms do not state specific amounts; for information on plans, rates and billing methods, contact —.

7. AI features

Rivadesk includes features that use artificial intelligence technologies. For a detailed description of AI features, types of data processed, safeguards adopted and limits of automated outputs, see the «AI features and automated processing» notice available on this site.

8. Limitation of liability and warranties

The Provider supplies the service with ordinary professional diligence. To the extent permitted by applicable law and without prejudice to mandatory consumer rights:

• the service is provided «as is» and «as available», without express or implied warranties of continuity, error-free operation or fitness for a particular purpose;

• the Provider is not liable for indirect, incidental or consequential damages, loss of profits or loss of data arising from use or inability to use the service, unless such damages are caused by wilful misconduct or gross negligence of the Provider;

• the Provider's aggregate liability for any claim is limited, to the maximum extent permitted by law, to the amount paid by the Customer in the twelve months preceding the event giving rise to the claim.

9. Suspension and termination

The Provider may suspend or discontinue access to the service in case of breach of these Terms, for scheduled or emergency maintenance (with reasonable notice where possible), or by order of the competent authority. The Customer may terminate the service according to the methods provided in the commercial contract. Upon termination, the Provider will provide a reasonable opportunity to export the Customer's data, as described in the DPA and technical documentation.

10. Consumer rights

To the extent a user acts as a consumer under Italian Legislative Decree 206/2005 (Consumer Code), all mandatory rights under applicable consumer protection law remain fully preserved and are not waived by these Terms. In particular, the right of withdrawal where provided (Arts. 52 et seq. Consumer Code), legal conformity warranties and provisions on unfair commercial practices remain unaffected.

11. Governing law and jurisdiction

These Terms are governed by Italian law. For any dispute relating to these Terms, the site or the Rivadesk service, the parties submit to the jurisdiction of the court where File system has its registered office, without prejudice to mandatory forums (in particular the forum of the consumer's place of residence or domicile in consumer relationships).

12. Changes to the Terms and contacts

The Provider reserves the right to amend these Terms. Material changes will be communicated with reasonable notice to registered users before they take effect; continued use of the service after notice constitutes acceptance of the new conditions. The version in force is always the one published on this page. Last updated: —.

For communications relating to these Terms: allbrand.italia@gmail.com — by post: Via Cavour, 66 - 81030 Orta di Atella (CE).