Your relationship with POWERISE, its affiliates or partners
1.1 The use of POWERISE products, software, services and websites (collectively referred to as the "Services" in this document and excluding any service provided to you by POWERISE, based on a separate written contract) is subject to the terms of a legal agreement between the user and POWERISE.
1.2 Unless otherwise agreed in writing with POWERISE, the user's contract with POWERISE will always include, as a minimum, the terms and conditions established in this document. These are referred to below as "Universal Terms".
1.3 The user's contract with POWERISE will also include the terms of any legal communication applicable to the Services that POWERISE may issue from time to time, in addition to the Universal Terms. All of these are referred to as the "Additional Terms". If the Additional Terms apply to a Service, these will be available to you for reading within, or through the use of, this Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding contract between you and POWERISE in connection with your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 In case of contradiction between what is established by the Additional Terms and what the Universal Terms say, the Additional Terms will prevail in relation to that Service.
Acceptance of the Terms
2.1 In order to use the Services, the user must first accept the Terms. It is forbidden to use the Services if you do not accept the Terms.
2.2 You, you can accept the Terms:
(A) by clicking to accept or agree to the Terms, where this option is made available to the user by POWERISE in the user interface for any Service; or
(B) through the use of the Services. In this case, the user acknowledges and accepts that POWERISE, its affiliates or partners will consider the use of the Services an acceptance of the Terms from then on.
2.3 The user cannot use the Services and cannot accept the Terms if (a) he is not of legal age to enter into a binding contract with POWERISE, or (b) he is a person who is forbidden to receive the Services pursuant to the laws in force in Italy or in other countries, including the country in which you are resident or from which you use the Services.
2.4 Before continuing, the user should print or save a local copy of the Universal Terms for his archives.
Language of the Terms
3.1 If POWERISE has provided a translation of the English version of the Terms, you agree that the translation is provided for your convenience only and that the English version of the Terms will dictate your relationship with POWERISE.
3.2 In case of contradiction between the English version of the Terms and what the translation says, the English version will prevail.
Performance of Services by POWERISE, its Affiliates or Partners
4.1 POWERISE has subsidiaries and legal entities affiliated worldwide ("Affiliates and Affiliates"). Sometimes these entities will provide the Services on behalf of POWERISE itself. You acknowledge and agree that Affiliates and Affiliates will have the right to provide you with the Services.
4.2 POWERISE is constantly innovating to offer the best possible experience to its users. You acknowledge and agree that the form and nature of the Services that POWERISE provides may change from time to time without notice.
4.3 As part of this continuous innovation, the user acknowledges and accepts that POWERISE may interrupt (permanently or temporarily) the provision of its Services (or any element within the Services) or to users in general at the sole discretion of POWERISE, without no notice. The user can stop using the Services at any time. There is no need to specifically inform POWERISE when you stop using the Services.
4.4 The user acknowledges and accepts that if POWERISE disables access to your account, access to the Services, the data of your account or any file or other content that is included in your account may be prohibited.
Use of the Services by the User
5.1 In order to access certain Services, you may be required to provide information on a car / ECU model (such as identification or other details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any information given to POWERISE will always be accurate, accurate and up to date.
5.2 You agree to use the Services only for the purposes permitted by (a) the Terms and (b) any applicable law or regulation or practice or directive in the relevant generally accepted jurisdiction jurisdictions (including laws relating to vehicles and laws of the public road).
5.3 The user agrees not to access (or attempt to access) any of the Services through any other means than the interface that is provided by POWERISE, unless he has been specifically authorized to do so in a separate agreement with POWERISE. The user expressly agrees not to access (or attempt to access) any of the Services by any automated means (including the use of scripts or web crawlers) and must guarantee that he will not share access to services with third-party users.
5.4 The user agrees not to engage in any activity that interferes with or interrupts the Services (or the servers and networks that are connected to the Services).
5.5 If the user has not been specifically authorized to act in a separate contract with POWERISE, he agrees not to reproduce, duplicate, copy, sell, market or resell the Services or the result of the Services for any purpose.
5.6 You agree that you are solely responsible for (and that POWERISE has no responsibility to you or to third parties for) any violation of your obligations under the Terms and for consequences (including any loss or damage that POWERISE could suffer) of any violation.
User Password and Security Account
6.1 You acknowledge and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree to be solely responsible for POWERISE for all activities that occur on your account.
6.3 If the user becomes aware of any unauthorized use of his password or account, he agrees to notify POWERISE immediately to: info@POWERISE.it
User Privacy and Personal Information
7.2 You consent to the use of your data in accordance with the policies of the POWERISE Privacy Statement.
Content within the Services
8.1 The user acknowledges that all information (such as data files, written texts, computer software, photographs, videos or other images), which you can access as part of, or through your use of, the Services are exclusive responsibility of the person from whom this content is derived. It refers to all this information later as the "Content".
8.2 You must be aware that the content presented to you as part of the Services is protected by intellectual property rights owned by POWERISE (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (whether complete or partial) unless specifically granted to you by POWERISE or the owners of that Content, in a separate agreement.
8.3 POWERISE reserves the right (but has no obligation) to preview, review, report, filter, modify, refuse or remove all or part of the Content of any Service.
8.4 The user understands that he uses the Services at his own risk.
8.5 You agree that you are solely responsible for (and that POWERISE has no responsibility to you or to third parties for) any Content you create while using the services and for the consequences of your actions (including any loss or damage that POWERISE may suffer) by doing so.
9.1 You acknowledge and agree that POWERISE (or POWERISE suppliers) possesses all legal rights, titles and interests related to the Services, including any intellectual property rights that exist in the Services (whether those rights are to be recorded or not, and anywhere such rights can exist in the world). You further acknowledge that the Services may contain information that is qualified as confidential by POWERISE and that you will not have to disclose such information without the prior written consent of POWERISE.
9.2 Unless otherwise agreed in writing with POWERISE, nothing in the Terms gives you the right to use any of POWERISE's trade names, trademarks, service marks, logos, domain names and other brand features.
9.3 If you have been given an explicit right to use any of these trademark features in a separate written contract with POWERISE, then you agree that the use of such features must be in accordance with that agreement, any applicable provision of the Terms , and the guidelines for using the POWERISE brand features as updated from time to time.
9.4 In addition to the limited license provided for in Article 11, POWERISE acknowledges and agrees not to obtain any right, title or interest from the user (or its suppliers) under these Terms in or from any Content that you submit through the Services, including any intellectual property rights that exist in that Content (whether those rights are to be registered or not, and anywhere in the world such rights may exist). Unless otherwise agreed in writing with POWERISE, you agree to be responsible for the protection and execution of those rights and that POWERISE has no obligation to do so on your behalf.
9.5 You agree not to remove, obscure or alter any proprietary information (including copyrights and trademarks) that may be posted or contained in the Services.
9.6 If you have not been expressly authorized to do so in writing by POWERISE, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization so that it can or intends to cause confusion about the owner or authorized user of such trademarks, names or logos.
License from POWERISE, its Affiliates, or Partners
10.1 POWERISE gives you a personal, worldwide, non-transferable and non-exclusive license to use the software provided by POWERISE as part of the services provided by POWERISE (hereinafter referred to as "Software"). This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by POWERISE, in a manner permitted by the Terms.
10.2 You may not (and may not allow anyone else to) copy, modify, create a derivative work, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or part of it, unless this is expressly permitted or required by law, or if you have been specifically given permission in writing by POWERISE.
10.3 Unless POWERISE has given you specific written permission to do so, you may not assign (or sub-license) your rights to use the Software, grant an interest in the security of or your rights to use the Software , or otherwise transfer any part of your rights to use the Software.
Content from the User License
11.1 The user holds the copyright and any other rights he already has in the Content that he transmits through the Services. By submitting the content, you grant POWERISE a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content you transmit through the Services. This license is for the sole purpose of allowing POWERISE to view, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 The user understands that POWERISE, in performing the technical procedures required to provide the Services to its users, may (a) transmit or distribute its Content on different public networks and by different means; and (b) make such changes to its Content as necessary to conform and adapt that Content to the technical requirements of networks, devices, services or the media. You agree that this license will enable POWERISE to take these actions.
11.3 The user confirms and guarantees to POWERISE that he has all the rights, power and authority necessary to grant the aforementioned license.
12.1 The Software you use can automatically download and install updates from time to time from POWERISE. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, advanced features, new software modules and completely new versions. You agree to receive such updates (and authorize POWERISE to provide these to you) as part of your use of the Services.
End of his relationship with POWERISE, his Affiliates, or Partners
13.1 The Terms will continue to apply until terminated by you or POWERISE as set forth below.
13.2 If the user wants to terminate his legal contract with POWERISE, he may do so (a) by notifying POWERISE at any time and (b) closing the accounts for all the Services he uses, where POWERISE has made this option available. Your communication must be sent, in writing, to the POWERISE address mentioned at the beginning of these Terms.
13.3 POWERISE at any time may terminate your User Agreement if:
(A) the user has violated a provision of the Terms (or acted in a way that clearly shows that he does not intend or is unable to comply with the provisions of the Terms); or
(B) POWERISE is required to do so by law (in the example in which the provision of the Services to the user is, or becomes, illegal); or
(C) the partner with whom POWERISE has offered you the Services has terminated its relationship with POWERISE or has ceased to offer you the Services; or
(D) POWERISE is transacting to no longer provide Services to users in the country where the user is resident or from which he uses the service; or
(E) the provision of the Services to the user by POWERISE is not, in the opinion of POWERISE, more commercially feasible.
13.4 Nothing in this Section will affect POWERISE's rights relating to the provision of Services pursuant to Article 4 of the Terms.
13.5 When these Terms come to an end, all legal rights, obligations and responsibilities that you and POWERISE have benefited from, have been subject to (or have accrued over time, while the Terms have been in effect) or are expressed to continue indefinitely, will not be affected by this termination, and the provisions of paragraph 20.7 will continue to apply to such rights, obligations and responsibilities indefinitely.
Exclusion of Guarantees
14.1 Nothing in these Terms, including sections 14 and 15, may exclude or limit the warranty or liability of POWERISE for losses that cannot be legitimately excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or violation of implied terms, or direct or indirect damage. Therefore, only the limitations that are law in the jurisdiction will be valid for the user and the responsibility of POWERISE will be limited to the maximum limit allowed by law.
14.2 You expressly acknowledge and agree that the use of the Services is at your own risk and that the Services are provided "as is" and "as available".
14.3 In particular, POWERISE, its subsidiaries and affiliates, and its suppliers do not represent or guarantee that:
(a) use of the Services meets your requirements,
(b) the use of the Services will be uninterrupted, timely, secure or error-free,
(c) any information obtained by you as a result of your use of the Services will be accurate or reliable and
(d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
14.4 Any material downloaded or otherwise obtained through the use of the Services is at the user's discretion and risk and will be solely responsible for any damage or loss of data resulting from the download of such material.
14.5 No advice or information, oral or written, obtained from POWERISE or through the Services will create a guarantee not expressly indicated in the terms.
14.6 POWERISE also expressly denies all warranties and conditions of any kind, express or implied, including, but not limited to warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
15.1 Subjects generally available in paragraph 14.1 above, the user acknowledges and expressly accepts that POWERISE, its subsidiaries and affiliates, and its suppliers, and their respective directors, officers, employees, collaborators and agents, will not be responsible for:
(a) Direct, indirect, accidental, special consequential or exemplary damages that can be sustained by the user, whatever the cause and under any assumption of responsibility. This includes, but is not limited to, any loss of profit (whether directly or indirectly), any loss of business or reputation, any loss of data suffered, cost of acquiring replacement goods and services or other losses intangible;
(b) Loss or damage that may be incurred by the user, including but not limited to loss or damage as a result of:
(I) Any reliance placed by the user on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the user and any advertiser or sponsor whose advertising appears in the Services;
(II) Any changes that POWERISE may make to the services, or for any permanent or temporary cessation in the provision of services (or any part of the Services);
(III) The cancellation of, corruption of, or failure to deposit any Content or other communication of data maintained or transmitted by or through the use of the Services;
(IV) Failure to supply the user with the exact account information to POWERISE;
(V) User failure to keep the password or account details secure and confidential;
15.2 The limitations to POWERISE's liability to the user in paragraph 15.1 above apply if POWERISE has been informed or should have been aware of the possibility of such losses or not.
15.3 If, despite the above limitations, POWERISE becomes liable to the user for the Services, this liability will be limited to the fees paid to POWERISE for the Services.
Copyright and Brand Criteria
16.1 POWERISE's policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property laws (including, in the United States, the Digital Millennium Copyright Act) and to terminate accounts of repeat infringers.
16.2 POWERISE uses a trademark complaint procedure. For more information, please contact us directly. Contact information can be found at: http://www.POWERISE.it
17.1 Some of the Services may be financed by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored in the Services, to requests made through the Services or other information.
17.2 The manner, manner and extent of advertising by POWERISE in the Services are subject to change without notice to the user.
17.3 In consideration of the POWERISE concession to provide the user with access to and use of the Services, the user accepts that POWERISE may place such advertising in the Services.
18.1 The Services may include hypertext links to other websites or content or resources. POWERISE cannot have any control over the sites or resources that are provided by companies or people other than POWERISE.
18.2 You acknowledge and agree that POWERISE is not responsible for the availability, functionality or content of any site or external resource, and does not endorse any advertising, product or other material present or available on such sites or resources.
18.3 The user acknowledges and accepts that POWERISE is not responsible for any loss or damage it may suffer as a result of the availability of those sites or external resources, or as a result of any reliance placed by the user on the completeness, accuracy or existence of any advertising , product or other material on, or available through, such sites or resources.
Changes to the Terms
19.1 POWERISE may make changes to the Universal Terms or Additional Terms periodically. Any new Additional Terms will be made available to the user within, or through the relevant Services.
19.2 You acknowledge and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have been changed, POWERISE will consider this use an acceptance of the updated Universal Terms or Additional Terms.
General Legal Terms
20.1 Sometimes the user uses the Services, may (as a result of, or through his use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. The use of these other services, software or assets may be subject to separate terms between you and the company or person concerned. In this case, the Terms do not affect the legal relationship with these other companies or individuals.
20.2 The Terms constitute the entire legal agreement between the user and POWERISE and regulate the use of the Services (but exclude any service that POWERISE may provide in a separate written contract), and completely replace any previous contract between the user and POWERISE in relation to the Services.
20.3 You agree that POWERISE may provide you with notices, including those relating to changes to the Terms, by e-mail, regular mail, or messages in the Services.
20.4 You agree that if POWERISE does not exercise or perform any legal rights or remedies that are contained in the Terms (or of which POWERISE has the benefit under any applicable law), this will not be considered a formal waiver of POWERISE's rights and that those rights or remedies will still be available at POWERISE.
20.5 If any court of law, having the competence to decide on this matter, establishes that any provision of these Terms is invalid, this provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and effective.
20.6 You acknowledge and agree that each member of the group of companies of which POWERISE is the parent is a third party beneficiary of the Terms and that such other companies will be entitled to directly perform, and rely upon, any provision of the Terms that the confers an advantage (or rights in their favor). In addition, no other person or company will be the beneficiary of any third party of the Terms.
20.7 The Terms and the user's relationship with POWERISE based on the Terms are governed by the laws in force in Italy, without regard to its conflict of law provisions. The user and POWERISE agree to submit to the exclusive jurisdiction of the courts located in the province of Palermo (IT). Despite this, the user accepts that POWERISE is still authorized to request injunctive relief (or an equivalent type of urgent legal provision) in any jurisdiction.
Last Modification of the Terms of Service: 01 May, 2016