Terms and conditions

This document contains the general terms and conditions of use of the website and the dwservice.net application which offers a service to access your computers or devices remotely.

Restrictive Terms and Conditions

The User declares to have carefully read, examined and understood the following clauses:

1. Definitions

   1. To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
      • Owner: DWSNET s.r.l., with registered office in Via Fedro 16, 80122 Napoli, VAT number / Tax Code IT10018841212, NA-1075005, fully paid-up share capital 10.000,00 €, PEC address dwsnet@legalmail.it
      • Application: the website and the dwservice.net application
      • User: any person who accesses and uses the Application
      • Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity possibly carried out
      • Professional User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity
      • Service: access to their computers or devices remotely licensed by the Owner
      • Agent: open-source software that works in tandem with the dwservice.net Application
      • Node: server that allows the connection between User and Agent
      • API: applications programming interfaces
      • MOR: the Merchant-of-Record designated by the Owner as the reseller of Services providing payment processing, order fulfillment, billing, complaints, refunds and customer service requests. The terms and conditions governing the relationship between the MOR and the User will be available before payment. Currently, the MOR designated by the Owner are: Paddle
      • Conditions: this contract which governs the relationship between the Owner and the Users of the Services offered by the Owner through the MOR.

2. Detailed information on the offer of the Application

   1. Use of the Application: the Application provides Users with a tool to access their computers or devices remotely. The communication established by the Users to the computers or devices passes over one of the Nodes. The Owner provides the bandwidth to allow remote access interactions. However, the maximum bandwidth is provided to the best of the Owner's ability and largely depends on the infrastructure and active Users at any given time. THEREFORE, WITH REGARD TO THE USE OF THE APPLICATION, THE OWNER WILL NOT BE ABLE TO GUARANTEE MAXIMUM PERFORMANCE AT ALL TIMES AND CANNOT GUARANTEE THE FULL AVAILABILITY OF THE SERVICE OR USER SUPPORT.
   2. Use of the Agent: the Agent is open source software to be installed on the computer or device that allows the User to remotely control their computer or device via the Application or API. The Owner publishes the Agent's code so that anyone can view it and possibly modify it according to their needs. The Application provides the Agent ready to run on various operating systems. In this case, the Agent updates are automatically sent to the software every time it is connected to the infrastructure of the Application. Updates apply to Agent-related modules only.
   3. Use of the API: the API allows the User to integrate the Application into their software. The User must purchase credits called “tickets” to unlock some features provided by the API service. Credits can only be purchased by the account holder. The Owner does not authorize the transfer of credits from one account to another. Therefore, an API account cannot resell credits to another User. Tickets are valid for 24 months based on the time of the financial transaction. If the User has not used those tickets during this period, the account will be identified as inactive, and the User will lose the ability to use these tickets and request a refund from the Owner.

3. Scope of the Conditions

   1. The use of the Application implies the acceptance of the Conditions by the User and, in case of purchase, of the terms and conditions of the MOR. If the User does not intend to accept the Conditions, terms and conditions of the MOR and / or any other note, legal notice, information published or referred to therein, he or she will not be able to use the Application or purchase the Services.
   2. Our Terms and Conditions may be modified at any time, and any modification will be preceded by the publication of the new conditions in a specific section of the site with 30 days' notice.
   3. The applicable Conditions are those in force on the date of transmission of the purchase order or request for the provision of a Service.
   4. Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference.
   5. The Owner reserves the right to change at its discretion, at any time even after the User has registered, the graphic interface of the Application, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.

4. Purchase through the Application

   1. All the Services offered through the Application are described in detail in the relevant Service pages (quality, characteristics, availability, price, ancillary charges, etc.).
   2. Purchases of one or more Services through the Application are allowed for both Consumer Users and Professional Users.
   3. Purchases are allowed for natural persons only on condition that they are of age. For minors, any purchase and / or request for the provision of Services through the Application must be screened and authorized by the parents or by the parental responsibility practitioners.
   4. The Owner provides payment processing, order fulfillment through its designated service provider as a Merchant-of-Record (MOR). Processing includes payment, billing, complaints, refunds and customer service inquiries.
   5. When placing an order on the Application, the order will be processed using the MOR checkout and payment processing services. To this end, the User acknowledges and accepts that:
      • the payment transaction will be processed by the MOR and not by the Owner
      • after the verification and authentication by the MOR of the payment information provided by the User, the MOR will accept the transaction and purchase the Services from the Provider for the sole purpose of reselling them to the User
      • the billing of payment transactions will be carried out based on the data provided by the User.
   6. The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the MOR of any errors and will keep a copy of his order, its confirmation and the Conditions.

5. Registration

   1. To take advantage of the functionality of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy (https://www.dwservice.net/privacy-policy.html) and the Conditions.
   2. The User has the burden of keeping their login credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner if he suspects or becomes aware of an improper use or undue disclosure of the same.
   3. The application allows the possibility of activating two-factor authentication. However, if the User loses the account access credentials, the Owner will not be able to recover them. To this end, it is advisable to keep the unlock code generated during the activation of two-factor authentication in a safe place.
   4. THE USER WARRANT THAT ANY PERSONAL INFORMATION PROVIDED DURING THE REGISTRATION PROCEDURE IS COMPLETE AND TRUE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE OWNER FROM ANY DAMAGES, COMPENSATION OBLIGATIONS, AND/OR PENALTIES ARISING FROM AND/OR IN ANY WAY RELATED TO THE USER'S VIOLATION OF THE APPLICATION REGISTRATION RULES OR THE STORAGE OF REGISTRATION CREDENTIALS.

6. Suspension or termination of the user's account

   1. The registered User can interrupt the use of the Application at any time and deactivate his/her account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address support@dwservice.net.
   2. In case of violation of the Conditions or the applicable legal provisions by the User, the Owner reserves the right to suspend or close the User's account at any time and depending on the severity of the violation without notice. Furthermore, the Owner reserves the right to promptly inform the competent Authorities if it becomes aware of any information giving rise to a suspicion that a criminal offence has taken place, is taking place or is likely to take place by way of/through the Application or the Service.
   3. Similarly, in the presence of a valid information request from a competent Authority, the Owner will retain and transmit all the data in its possession to comply with the aforementioned request.

7. Subscription

   1. The Application offers subscription Services. The characteristics and methods of subscription are detailed in the Application.
   2. To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any charge of the subscription fee will begin on the specified date and with the frequency indicated at the time of subscription.
   3. Users can disable the renewal through the Application or by sending a communication to the e-mail address support@dwservice.net or by changing the preferences of the payment method used.

8. Prices and payments

   1. For each Service, the price including any applicable taxes based on the tax jurisdiction in which the transaction is carried out is indicated. The payment process is managed by the MOR.
   2. The Owner reserves the right to change the price of the Services at any time. It is understood that any price changes will in no case affect the contracts already concluded before the change.
   3. The User undertakes to pay the price of the Service in the times and methods indicated and to communicate all necessary data that may be requested.

9. Invoicing

   1. The User who wishes to receive the invoice will be requested by the MOR for the billing data. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be truthful, releasing to the MOR every broader indemnity in this regard.

10. Users' right of withdrawal

    1. The user who can be classified as a consumer has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of conclusion of the contract, by sending a written communication following the methods indicated in the personal area or at the from the purchase confirmation received by e-mail.
    2. In case of withdrawal exercised correctly, the MOR will reimburse the User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has communicated to withdraw. from the contract.

11. Guarantee of conformity of Services for Consumer Users

    1. Consumer Users are granted the guarantee of conformity for all Services sold through the Application.
    2. The Owner is responsible for any lack of conformity that occurs within two years from the date of supply. Any lack of conformity must be reported by the Consumer User within twenty-six months from the date of supply or from the last act of supply. When the sales contract provides that the Services are provided for a certain period, the obligation to ensure compliance remains for the entire duration of that period.
    3. If the Consumer User intends to take advantage of the remedies provided for by the guarantee of conformity, he must send a written communication following the methods indicated in the personal area or within the purchase confirmation received by e-mail.
    4. The MOR will promptly reply to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow.

12. Industrial and Intellectual Property Rights

    1. The Application and all contents, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations, are protected by copyright and trademark legislation.
    2. The Application may also contain images, documents, logos and trademarks of third parties that have expressly authorized the Owner for publication in the Application. Except for strictly personal uses, it is not allowed to copy, alter, distribute, publish or use the Application and its contents without the written authorization of the Owner.
    3. Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to this Application is held by the Owner and / or its licensor.
    4. The Owner grants Users a revocable, non-exclusive, non-transferable or non-assignable license to use the software and / or technology integrated into the Service for the purposes of this Application and the Service offered.
    5. The license does not grant the User any right to access or use the original source code. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
    6. The software relating to the Agent is instead open source and is released with a specific type of license that makes the source code legally usable by Users.

13. Permitted uses

    1. The Application and the Service may be used only for the purposes for which they are offered under these Conditions and in accordance with applicable law.
    2. It is the User's sole responsibility to ensure that the use of this Application and / or the Service does not violate the law, regulations or the rights of third parties.
    3. Therefore, in case of illicit and/or non-permitted use of the application, the Owner reserves the right to take all suitable measures to deny the User access to this Application or the Service, report any reprehensible activity carried out through this Application or the Service to the competent authorities whenever there is a suspicion that the User violates laws, regulations, third party rights and / or the Conditions.
    4. The Application and Service can be used by the user also in silent mode (so called “Silent installation”). Through this mode, the installation process of the Agent on clients will occur without direct user intervention and without the display of dialog windows or confirmation messages. For more information on its implementation, visit the page https://docs.dwservice.net/docs/site/dwservice-installation/how-do-i-install-the-agent-silently/
    5. Enabling silent mode will not, under any circumstances, even indirectly, allow the Agent installed on the client or other system to be hidden, concealed, or modified, nor will it allow any form, even partial, of circumvention of the Agent's ordinary visibility, identification, or detectability mechanisms. Therefore, any behavior aimed at making the Agent undetectable on the client or other system is prohibited, including—but not limited to—the removal or alteration of the visibility of its icons, running processes, or other elements that allow its identification by the user or third-party applications.
    6. The sole responsibility for using this mode lies with the User. The same must ensure that all individuals receiving the software in silent mode have been clearly and transparently informed about the installation process and have provided their explicit and informed consent, which can be revoked at any time.
    7. The User must ensure that the installation of the Agent in silent mode does not violate the rights of the involved individuals and that all pertinent information is clearly communicated before installation.
    8. Specifically, the User must guarantee that the installation of the Agent in silent mode complies with EU Regulation No. 679/2016 (GDPR) and all other applicable laws regarding personal data protection. Furthermore, the User must take all necessary measures to protect the personal data of the individuals involved, respecting the principles of transparency, security, and data minimization.
    9. The User agrees to indemnify and hold harmless DWService from any liability, claim, damage, cost, or expense arising from the improper or unauthorized use of the Agent installation in silent mode.
    10. DWService, in any case, reserves the right to deactivate the service if anomalies in its use arise.

14. Disclaimer of Warranty

    1. The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied representations or warranties in relation to the Application, nor does it provide any warranty that the Application will meet the Users’ needs or that it will never be interrupted or will be free of errors or viruses or bugs.
    2. The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

15. Limitation of Liability

    1. WITHOUT PREJUDICE TO THE FOREGOING ARTICLES, THE OWNER DISCLAIMS ALL LIABILITY FOR ANY DAMAGES SUFFERED BY USERS OR LOSS OF DATA RESULTING FROM THE INABILITY TO USE THE APPLICATION OR WEBSITE, ITS CONTENT OR MATERIAL, OR FROM THEIR DISCRETIONARY SUSPENSION OR INTERRUPTION; OR FROM THE FAILURE OR DEFECTIVE FUNCTIONING OF USERS' OR THIRD-PARTY ELECTRONIC EQUIPMENT.
    2. THE OWNER, IN PARTICULAR, WILL NOT BE LIABLE FOR:
       • ANY DAMAGES OR LOSS OF BUSINESS OPPORTUNITIES AND ANY OTHER LOSSES, INCLUDING INDIRECT LOSSES, SUFFERED BY THE USER OR THIRD PARTIES, WHICH ARE NOT A DIRECT CONSEQUENCE OF THE OWNER'S BREACH OF THE CONTRACT
       • THE ISSUANCE OF INCORRECT DOCUMENTS OR TAX DATA DUE TO ERRORS RELATED TO THE DATA PROVIDED BY THE USER, AS THE USER IS SOLELY RESPONSIBLE FOR CORRECT ENTRY
       • ANY ILLEGAL ACTIONS UNDERTAKEN BY THE USER WITH THE APPLICATION AND/OR THE API
       • ANY ILLEGAL ACTIONS SENT/RECEIVED BY A USER TO AN AGENT TRANSITTING THE NODE
       • POSSIBLE CHANGES TO THE AGENT'S CODE
    3. The Application is translated into many different languages thanks to the spontaneous help of Users who can use a tool made available by the Owner that allows the translation of texts. Except for the translation into English and Italian, the Owner does not have the possibility to check the quality of the translated texts and therefore cannot be held responsible for any errors in the texts. WITH THE EXCEPTION OF ENGLISH AND ITALIAN TRANSLATIONS, THE OWNER CANNOT CONTROL THE QUALITY OF TRANSLATED TEXTS AND THEREFORE CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS IN THE TEXTS.
    4. THESE LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE; FRAUD; BREACH OF ESSENTIAL OBLIGATIONS OF THIS AGREEMENT; LOSS OF LIFE, BODY, OR HEALTH.
    5. In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.

16. Force majeure

    1. The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
    2. The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
    3. The Owner will carry out any act in his power to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

17. Linking to third party sites

    1. The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
    2. Some links to third party sites may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

18. Privacy

    1. The User's personal data are processed by the Owner and, in case of purchase, by the MOR, who act as independent data controllers of the Users personal data, i.e. each of them processes the Users' personal data for contractual obligations and for other own purposes.
    2. The personal data provided by Users to the Owner will be in accordance with the privacy policy which can be consulted on the page https://www.dwservice.net/privacy-policy.html.
    3. The personal data provided by Users to the MOR will be processed in accordance with the privacy regulations and the privacy information that will be made available by the MOR before the processing of personal data.
    4. In the scope of the provided service, DWSNET S.r.l. acts as the Data Controller pursuant to Article 28 of EU Regulation No. 679/2016, in accordance with the provisions of the Data Processing Agreement of DWSNET S.r.l. available at the following link.
    5. Acceptance of the present terms and conditions of service implies concurrent acceptance of the Data Processing Agreement, as it constitutes an integral part.

19. Security

    1. The Owner takes all suitable measures to ensure that the Service has a high level of security.
    2. All communication between the various components and between users and agents takes place using TCP port 443 (standard https), communication is encrypted via SSL certificate according to the latest security standards.
    3. The only User information stored on the Owner's servers are:
       • data for authentication: e-mail, password and other non-mandatory personal information
       • Agent data: name, description, etc.
       • data of the shares: name, configuration, any access passwords
       • access data: start time, end time, ip address.
    4. All passwords are stored using the hash technique according to the latest security standards so that the password cannot be traced. Furthermore, no data that transits between Users and Agents is stored on the Owner's servers. The storage of access data is aimed exclusively at protecting Users in case of incorrect use of the Service.

20. Applicable law and competent court

    1. The Conditions are subject to Italian law.
    2. For Professional Users, any dispute relating to the conclusion, execution and interpretation of these Conditions shall be referred to the exclusive jurisdiction of the Court of Milan, Italy.
    3. For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User. Consumer to appeal to a judge other than that of the "consumer court" competent for the territory.
    4. This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Services, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

21. Online Dispute Resolution for Consumer Users

    1. The Consumer User residing in Europe must know the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

 

 

 

Terms and Conditions for Professional Users who do not accept payment processing via the MOR

This document contains the general terms and conditions of use of the website and the dwservice.net application, which offers a service to access their computers or devices remotely, only to professional users who have subscribed to annual subscriptions and who do not accept payment processing through the MOR.

Restrictive Terms and Conditions for Professional Users who do not accept payment processing via the MOR

The User declares to have carefully read, examined and understood the following clauses:

1. Definitions

   1. To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
      • Owner: DWSNET s.r.l., with registered office in Via Fedro 16, 80122 Napoli, VAT number / Tax Code IT10018841212, NA-1075005, fully paid-up share capital 10.000,00 €, PEC address dwsnet@legalmail.it
      • Application: the website and the dwservice.net application
      • User: any person who accesses and uses the Application
      • Professional User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity
      • Service: access to their computers or devices remotely licensed by the Owner
      • Agent: open-source software that works in tandem with the dwservice.net Application
      • Node: server that allows the connection between User and Agent
      • API: applications programming interfaces
      • Conditions: this contract which governs the relationship between the Owner and the Users of the Services offered by the Owner through the MOR.

2. Detailed information on the offer of the Application

   1. Use of the Application: the Application provides Users with a tool to access their computers or devices remotely. The communication established by the Users to the computers or devices passes over one of the Nodes. The Owner provides the bandwidth to allow remote access interactions. However, the maximum bandwidth is provided to the best of the Owner's ability and largely depends on the infrastructure and active Users at any given time. THEREFORE, WITH REGARD TO THE USE OF THE APPLICATION, THE OWNER WILL NOT BE ABLE TO GUARANTEE MAXIMUM PERFORMANCE AT ALL TIMES AND CANNOT GUARANTEE THE FULL AVAILABILITY OF THE SERVICE OR USER SUPPORT.
   2. Use of the Agent: the Agent is open source software to be installed on the computer or device that allows the User to remotely control their computer or device via the Application or API. The Owner publishes the Agent's code so that anyone can view it and possibly modify it according to their needs. The Application provides the Agent ready to run on various operating systems. In this case, the Agent updates are automatically sent to the software every time it is connected to the infrastructure of the Application. Updates apply to Agent-related modules only.
   3. Use of the API: the API allows the User to integrate the Application into their software. The User must purchase credits called “tickets” to unlock some features provided by the API service. Credits can only be purchased by the account holder. The Owner does not authorize the transfer of credits from one account to another. Therefore, an API account cannot resell credits to another User. Tickets are valid for 24 months based on the time of the financial transaction. If the User has not used those tickets during this period, the account will be identified as inactive, and the User will lose the ability to use these tickets and request a refund from the Owner.

3. Scope of the Conditions

   1. The use of the Application implies the acceptance of the Conditions by the User and, in case of purchase, of the terms and conditions of the MOR. If the User does not intend to accept the Conditions, terms and conditions of the MOR and / or any other note, legal notice, information published or referred to therein, he or she will not be able to use the Application or purchase the Services.
   2. Our Terms and Conditions may be modified at any time, and any modification will be preceded by the publication of the new conditions in a specific section of the site with 30 days' notice.
   3. The applicable Conditions are those in force on the date of transmission of the purchase order or request for the provision of a Service.
   4. Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference.
   5. The Owner reserves the right to change at its discretion, at any time even after the User has registered, the graphic interface of the Application, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.

4. Purchase through the Application

   1. All the Services offered through the Application are described in detail in the relevant Service pages (quality, characteristics, availability, price, ancillary charges, etc.).
   2. Purchases of one or more Services through the Application are allowed only to Professional Users who have subscribed to annual subscriptions and who do not accept payment processing through the MOR.
   3. The offer of the Services through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and / or reason.
   4. The contract for the sale of the Services is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will contain the date of the order, the User's data, characteristics and availability. of the Service, the price or the method of calculating the price, any additional charges and accessory taxes, the delivery and execution times, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
   5. The contract for the sale of the Services is not considered effective between the parties in the absence of what is indicated in the previous point.
   6. The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, its confirmation and the Conditions.

5. Registration

   1. To take advantage of the functionality of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy (https://www.dwservice.net/privacy-policy.html) and the Conditions.
   2. The User has the burden of keeping their login credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner if he suspects or becomes aware of an improper use or undue disclosure of the same.
   3. The application allows the possibility of activating two-factor authentication. However, if the User loses the account access credentials, the Owner will not be able to recover them. To this end, it is advisable to keep the unlock code generated during the activation of two-factor authentication in a safe place.
   4. THE USER WARRANT THAT ANY PERSONAL INFORMATION PROVIDED DURING THE REGISTRATION PROCEDURE IS COMPLETE AND TRUE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE OWNER FROM ANY DAMAGES, COMPENSATION OBLIGATIONS, AND/OR PENALTIES ARISING FROM AND/OR IN ANY WAY RELATED TO THE USER'S VIOLATION OF THE APPLICATION REGISTRATION RULES OR THE STORAGE OF REGISTRATION CREDENTIALS.

6. Suspension or termination of the user's account

   1. The registered User can interrupt the use of the Application at any time and deactivate his/her account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address support@dwservice.net.
   2. In case of violation of the Conditions or the applicable legal provisions by the User, the Owner reserves the right to suspend or close the User's account at any time and depending on the severity of the violation without notice. Furthermore, the Owner reserves the right to promptly inform the competent Authorities if it becomes aware of any information giving rise to a suspicion that a criminal offence has taken place, is taking place or is likely to take place by way of/through the Application or the Service.
   3. Similarly, in the presence of a valid information request from a competent Authority, the Owner will retain and transmit all the data in its possession to comply with the aforementioned request.

7. Subscription

   1. The Application offers subscription Services. The characteristics and methods of subscription are detailed in the Application.
   2. To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any charge of the subscription fee will begin on the specified date and with the frequency indicated at the time of subscription.
   3. Users can disable the renewal through the Application or by sending a communication to the e-mail address support@dwservice.net or by changing the preferences of the payment method used.

8. Prices and payments

   1. For each Service, the price of any applicable taxes based on the tax jurisdiction in which the transaction is carried out is indicated. If the nature of the Service makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
   2. In addition, all possible taxes and additional expenses that may vary in relation to the payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.
   3. The Owner only accepts payments by bank transfer. In this case, the provision of the Service will take place only after receipt of payment.
   4. The Owner reserves the right to change, at any time, the price of the Services and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
   5. The User undertakes to pay the price of the Service in the times and methods indicated in the Application and to communicate all necessary data that may be requested.

9. Invoicing

   1. The User will be asked for billing information. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing the Owner any full indemnity in this regard.

10. Users' right of withdrawal

    1. The Professional User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of conclusion of the contract, by sending a written communication to the e-mail address support@dwservice.net, using the optional withdrawal form referred to in the following article or any other written declaration.
    2. In case of withdrawal exercised correctly, the Owner will refund the User the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has communicated to withdraw from the contract.
    3. The User acknowledges and agrees to lose the right of withdrawal after downloading or using the Service.
    4. The User acknowledges and accepts that the withdrawal from a subscribed subscription does not entail the refund of the amounts relating to the Products already used or disbursed.
    5. For more information, contact the Owner at the e-mail address support@dwservice.net.

11. Optional form to exercise the right of withdrawal

    1. The User can withdraw using the following form which must be completed in its entirety and sent to the e-mail address support@dwservice.net before the withdrawal period expires:
    2. I hereby communicate my withdrawal from the sales or supply contract relating to the following product __________
       Order number:_______
       Ordered on: _______
       Name and surname: _______
       Address: ______
       E-mail associated with the account from which the order was placed: ____________________
       Date: __________
       

12. Industrial and Intellectual Property Rights

    1. The Application and all contents, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations, are protected by copyright and trademark legislation.
    2. The Application may also contain images, documents, logos and trademarks of third parties that have expressly authorized the Owner for publication in the Application. Except for strictly personal uses, it is not allowed to copy, alter, distribute, publish or use the Application and its contents without the written authorization of the Owner.
    3. Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to this Application is held by the Owner and / or its licensor.
    4. The Owner grants Users a revocable, non-exclusive, non-transferable or non-assignable license to use the software and / or technology integrated into the Service for the purposes of this Application and the Service offered.
    5. The license does not grant the User any right to access or use the original source code. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
    6. The software relating to the Agent is instead open source and is released with a specific type of license that makes the source code legally usable by Users.

13. Permitted uses

    1. The Application and the Service may be used only for the purposes for which they are offered under these Conditions and in accordance with applicable law.
    2. It is the User's sole responsibility to ensure that the use of this Application and / or the Service does not violate the law, regulations or the rights of third parties.
    3. Therefore, in case of illicit and/or non-permitted use of the application, the Owner reserves the right to take all suitable measures to deny the User access to this Application or the Service, report any reprehensible activity carried out through this Application or the Service to the competent authorities whenever there is a suspicion that the User violates laws, regulations, third party rights and / or the Conditions.
    4. The Application and Service can be used by the user also in silent mode (so called “Silent installation”). Through this mode, the installation process of the Agent on clients will occur without direct user intervention and without the display of dialog windows or confirmation messages. For more information on its implementation, visit the page https://docs.dwservice.net/docs/site/dwservice-installation/how-do-i-install-the-agent-silently/
    5. Enabling silent mode will not, under any circumstances, even indirectly, allow the Agent installed on the client or other system to be hidden, concealed, or modified, nor will it allow any form, even partial, of circumvention of the Agent's ordinary visibility, identification, or detectability mechanisms. Therefore, any behavior aimed at making the Agent undetectable on the client or other system is prohibited, including—but not limited to—the removal or alteration of the visibility of its icons, running processes, or other elements that allow its identification by the user or third-party applications.
    6. The sole responsibility for using this mode lies with the User. The same must ensure that all individuals receiving the software in silent mode have been clearly and transparently informed about the installation process and have provided their explicit and informed consent, which can be revoked at any time.
    7. The User must ensure that the installation of the Agent in silent mode does not violate the rights of the involved individuals and that all pertinent information is clearly communicated before installation.
    8. Specifically, the User must guarantee that the installation of the Agent in silent mode complies with EU Regulation No. 679/2016 (GDPR) and all other applicable laws regarding personal data protection. Furthermore, the User must take all necessary measures to protect the personal data of the individuals involved, respecting the principles of transparency, security, and data minimization.
    9. The User agrees to indemnify and hold harmless DWService from any liability, claim, damage, cost, or expense arising from the improper or unauthorized use of the Agent installation in silent mode.
    10. DWService, in any case, reserves the right to deactivate the service if anomalies in its use arise.

14. Disclaimer of Warranty

    1. The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied representations or warranties in relation to the Application, nor does it provide any warranty that the Application will meet the Users’ needs or that it will never be interrupted or will be free of errors or viruses or bugs.
    2. The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

15. Limitation of Liability

    1. WITHOUT PREJUDICE TO THE FOREGOING ARTICLES, THE OWNER DISCLAIMS ALL LIABILITY FOR ANY DAMAGES SUFFERED BY USERS OR LOSS OF DATA RESULTING FROM THE INABILITY TO USE THE APPLICATION OR WEBSITE, ITS CONTENT OR MATERIAL, OR FROM THEIR DISCRETIONARY SUSPENSION OR INTERRUPTION; OR FROM THE FAILURE OR DEFECTIVE FUNCTIONING OF USERS' OR THIRD-PARTY ELECTRONIC EQUIPMENT.
    2. THE OWNER, IN PARTICULAR, WILL NOT BE LIABLE FOR:
       • ANY DAMAGES OR LOSS OF BUSINESS OPPORTUNITIES AND ANY OTHER LOSSES, INCLUDING INDIRECT LOSSES, SUFFERED BY THE USER OR THIRD PARTIES, WHICH ARE NOT A DIRECT CONSEQUENCE OF THE OWNER'S BREACH OF THE CONTRACT
       • THE ISSUANCE OF INCORRECT DOCUMENTS OR TAX DATA DUE TO ERRORS RELATED TO THE DATA PROVIDED BY THE USER, AS THE USER IS SOLELY RESPONSIBLE FOR CORRECT ENTRY
       • ANY ILLEGAL ACTIONS UNDERTAKEN BY THE USER WITH THE APPLICATION AND/OR THE API
       • ANY ILLEGAL ACTIONS SENT/RECEIVED BY A USER TO AN AGENT TRANSITTING THE NODE
       • POSSIBLE CHANGES TO THE AGENT'S CODE
    3. The Application is translated into many different languages thanks to the spontaneous help of Users who can use a tool made available by the Owner that allows the translation of texts. Except for the translation into English and Italian, the Owner does not have the possibility to check the quality of the translated texts and therefore cannot be held responsible for any errors in the texts. WITH THE EXCEPTION OF ENGLISH AND ITALIAN TRANSLATIONS, THE OWNER CANNOT CONTROL THE QUALITY OF TRANSLATED TEXTS AND THEREFORE CANNOT BE HELD RESPONSIBLE FOR ANY ERRORS IN THE TEXTS.
    4. THESE LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE; FRAUD; BREACH OF ESSENTIAL OBLIGATIONS OF THIS AGREEMENT; LOSS OF LIFE, BODY, OR HEALTH.
    5. In no case can the Owner be held responsible for an amount greater than double the cost paid by the User.

16. Force majeure

    1. The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
    2. The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
    3. The Owner will carry out any act in his power to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

17. Linking to third party sites

    1. The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
    2. Some links to third party sites may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

18. Privacy

    1. The protection and processing of personal data will take place in accordance with the Privacy information which can be consulted at the page https://www.dwservice.net/privacy-policy.html.
    2. In the scope of the provided service, DWSNET S.r.l. acts as the Data Controller pursuant to Article 28 of EU Regulation No. 679/2016, in accordance with the provisions of the Data Processing Agreement of DWSNET S.r.l. available at the following link.
    3. Acceptance of the present terms and conditions of service implies concurrent acceptance of the Data Processing Agreement, as it constitutes an integral part.

19. Security

    1. The Owner takes all suitable measures to ensure that the Service has a high level of security.
    2. All communication between the various components and between users and agents takes place using TCP port 443 (standard https), communication is encrypted via SSL certificate according to the latest security standards.
    3. The only User information stored on the Owner's servers are:
       • data for authentication: e-mail, password and other non-mandatory personal information
       • Agent data: name, description, etc.
       • data of the shares: name, configuration, any access passwords
       • access data: start time, end time, ip address.
    4. All passwords are stored using the hash technique according to the latest security standards so that the password cannot be traced. Furthermore, no data that transits between Users and Agents is stored on the Owner's servers. The storage of access data is aimed exclusively at protecting Users in case of incorrect use of the Service.

20. Applicable law and competent court

    1. The Conditions are subject to Italian law.
    2. For Professional Users, any dispute relating to the conclusion, execution and interpretation of these Conditions shall be referred to the exclusive jurisdiction of the Court of Milan, Italy.