These GENERAL SERVICE TERMS AND CONDITIONS, together with the specific contract conditions contained in the Service Supply Contract and/or the work order/quotation, govern the methods and terms of provision and use of the services described in the sheets available on the website https://fyonda.io/it and provided by the company Fyonda Srl, with registered office at Via Don Minzoni 59 – Martano VAT No. 05345440753. Acceptance of these GENERAL SERVICE TERMS AND CONDITIONS is a necessary and indispensable requirement for the provision and use of the SERVICES offered by Fyonda Srl. By accepting these GENERAL SERVICE TERMS AND CONDITIONS, the CLIENT declares to have read, understood, and accepted all the contractual clauses herein and commits to read and accept all future modifications, integrations, and/or updates to these GENERAL SERVICE TERMS AND CONDITIONS, which will be adopted by Fyonda Srl and published on the website https://fyonda.io/it with a progressive revision number. The invalidity of one or more clauses of these GENERAL SERVICE TERMS AND CONDITIONS will not entail the invalidity of the remaining clauses nor of these GENERAL SERVICE TERMS AND CONDITIONS as a whole. The conditions below apply to every order unless explicitly derogated with specific conditions.

Article 1 – Premises The preceding premises and the Annexes attached to these GTCs are an integral and essential part thereof. The general service conditions regulate – together with the specific conditions of the service supply contract and the SLAs, in which the service conditions, technical characteristics, and payment fees are specifically described and identified – the relationship for the provision of services offered by Fyonda Srl. These General Conditions have been drafted and prepared in compliance with the provisions of Legislative Decree 206/2005 (Consumer Code) and Law 40/2007 (Urgent measures for consumer protection, promotion of competition, development of economic activities, and the establishment of new businesses); they have a general scope and may undergo changes necessitated by subsequent legislative provisions and/or regulations.

Article 2 – Definitions All technical and IT terms and concepts used in this contract are understood to be known to the parties. In addition to the terms defined elsewhere in this Contract, the terms and expressions distinguished by a capital letter below have the following meanings:
2.1.) Fyonda Srl, with registered office at Via Don Minzoni 59 – Martano VAT No. 05345440753: the company providing the SERVICES subject to these GENERAL CONTRACT TERMS;
2.2.) Provider: Fyonda Srl, with registered office at Via Don Minzoni 59 – Martano VAT No. 05345440753, the company providing the SERVICES subject to these GENERAL SERVICE TERMS;
2.3) Client: the individual, legal entity, or entity (public or private) requesting the provision of the SERVICES subject to these GENERAL SERVICE TERMS. It is specified that the relationship with the CLIENT is governed by the provisions of Legislative Decree 6 September 2005, No. 206, known as the “Consumer Code,” only if the CLIENT is a natural person purchasing for personal purposes unrelated to their entrepreneurial, commercial, craft, or professional activity;
2.4) Third parties: third parties that may provide SERVICES in partnership with Fyonda Srl;
2.5) Services: the services offered by Fyonda Srl available and purchasable under the conditions established in these GENERAL SERVICE TERMS and in the Service Supply Contract, work order/quotation, and SLA. Any SERVICES not mentioned within these GENERAL SERVICE TERMS may be provided under the terms and conditions established by Fyonda Srl with a specific contract and quotation. It is specified that SERVICES may also be provided by THIRD PARTIES, and in such cases, Fyonda Srl is not responsible for any disruptions or anything else related to the non-provision and/or incorrect provision of the SERVICES by such THIRD PARTIES and any consequent damages;
2.6) Service Supply Contract: the form prepared by Fyonda Srl signed by the CLIENT that reports the specific conditions of each contract along with the attached quotation;
2.7) Quotation/Work Order: the document prepared by Fyonda Srl and signed by the CLIENT, which, together with or as an alternative to the SERVICE SUPPLY CONTRACT, reports the specific conditions of each contract;
2.8) SLA: the service levels (understood as minimum standard performance indicators for service provision) that the Supplier Company commits to providing, as well as any penalties, compensations, and/or indemnities owed to the Client in case of failure to meet these service levels, all as specified in these General Conditions and in the quotation and service supply contract signed for acceptance by the Client or, if applicable, in a different and separate document prepared by the Supplier Company and communicated to the Client;
2.9) GTC: General Service Conditions – i.e., this document and its subsequent revisions identified with a periodic progressive number; 2.8) SOFTWARE PROGRAMS OR PRODUCTS: applications (computer programs), platforms, operating systems provided by the Supplier Company under license or SaaS Service or with other methods indicated in the Quotation;
2.10) ICT Services: collectively, SaaS Services, Accessory Services, and Cloud Accessory Services, unless otherwise specified or implied by the context;
2.11) Accessory Services: the services provided by Fyonda, involving activities specifically indicated in the quotation accepted by the Client (including, but not limited to: maintenance, SLA, consultancy, project management, technical support, training, software development, and customization);
2.12) Cloud Accessory Services: the services provided by Fyonda — using servers, infrastructures, platforms available to Fyonda, also under specific contracts with Third Party Suppliers — that allow the Client to access and use, with various devices (e.g., smartphones, tablets, PCs) connected to the Internet, certain resources: collectively Virtual Storage, Backup, Hosting, Housing;
2.13) Licenses or Usage Licenses: the provisions, possibly specified or integrated in the Economic Offer or another separate document, regulating the right and methods of use of a Software Product, also in SaaS mode, issued by the holder of the economic exploitation rights;
2.14) Third-Party Suppliers: entities other than the Parties, equipped with the necessary technical skills, providing IT products and/or services (e.g., Internet connectivity, Hosting, Housing, cloud computing, software usage licenses, etc.) and other types (e.g., electricity supply) essential for the provision and/or use of the Services provided by the Supplier Company;
2.15) Client Request Registration: indicates the correct registration of the Client’s request in the Supplier Company’s internal management system appropriately signaled and documented via a registration confirmation email;
2.16) Blocking Issue: indicates any operational anomaly depending on the Software Products related to the Supplier Company’s supply, which cannot be autonomously resolved by the Users and which blocks the normal course of the Client’s work activities;
2.17) Response Time: indicates the time elapsed from the moment of Registration of the Client’s request to the assignment of the report related to the Blocking Issue to the appropriate technical team of the Supplier Company, appropriately signaled and documented via a confirmation email;
2.18) Diagnosis Time: indicates the time elapsed from the moment of Taking Charge to the response of the Supplier Company’s technical team regarding the Blocking Issue reported by the Client, through communication to the Client’s representative of the diagnosis performed and the corrective actions taken for resolution, or the proposed alternative action (workaround) to circumvent the issue until its precise diagnosis and resolution;
2.19) Civil Code: the Italian civil code, approved by the Royal Decree of March 16, 1942, No. 262; 2.13) Background: indicates all knowledge, information, as well as any intangible asset protected under national, EU, and international intellectual and industrial property laws, created or otherwise acquired by a Party before the start of the supply agreement;
2.20) Sideground: indicates all knowledge, information, as well as any intangible asset protected under national, EU, and international intellectual and industrial property laws created or otherwise acquired by a Party during the effective period of this Agreement but not in execution of the same;
2.21) Industrial Property Rights: indicates the discipline dictated by Legislative Decree 10 February 2005 No. 30 and subsequent modifications, i.e., the Industrial Property Code (C.P.I.) regarding trademarks and other distinctive signs, even de facto, geographical indications, designations of origin, industrial design works, inventions, utility models, confidential business information (know-how);
2.22) Intellectual Property Rights: indicates the discipline dictated by Law 22 April 1941, No. 633 – Protection of copyright and other related rights – and subsequent modifications regarding creative works belonging to literature, music, figurative arts, architecture, theater, and cinematography, including computer programs, databases, and industrial design works.

Article 3 – Interpretation
3.1) An “Annex” shall be interpreted, unless otherwise indicated, as a reference to an annex to these general conditions;
3.2) An “Article,” “Paragraph,” or “Premise” shall be interpreted, unless otherwise indicated, as a reference to an article, paragraph, or premise of these general conditions;
3.3) The terms indicated in the singular include the plural and vice versa. Terms denoting one gender include the other gender, unless the context or interpretation indicates otherwise;
3.4) The titles and headings of these GTCs are inserted solely for convenience and do not influence the interpretation of the respective provisions of the Conditions themselves;

Article 4 – Contract Object
4.1) Fyonda Srl, in exchange for the payment specified in relation to the service type, as published on its website and better defined in the order note, the supply contract, and the SLA, provides services as per point 1.1 of the premises in compliance with legal standards. The object of the Agreement is the supply to the Client of Software, Third-Party Software, Hardware, Professional Services, and Assistance and Maintenance Services with the technical and economic characteristics, types, and methods specified in the quotation, these General Contract Terms, and the Technical Specifications. Any service exceeding those covered by the Agreement may be provided, subject to feasibility assessment, upon specific request by the Client under conditions, terms, and fees to be agreed in writing between the parties.
4.2) Specifically, the Contract’s object may include: a) the provision of Programs (application software owned by the Supplier Company or for which the latter has legal availability) under a usage license or with any other methods indicated in the supply contract/quotation/SLA; b) SaaS Services; c) Accessory Services related to the Programs, including: maintenance service and Service Level Agreement; d) other Accessory Services, including: Project Manager, analysis and technical/organizational coordination service on ICT projects; System Administrator, design and system assistance service on server environments; Business Intelligence, DataWarehouse design service; Technical Support, design and system assistance service on client environments; Product Specialist, analysis/assistance/training service and integration project; Software Development, Software development service; e) Cloud Accessory Services, including: Virtual Storage, Backup, Hosting, Housing; f) provision of Goods and third-party software, regulated by the general supply conditions of the respective manufacturers, wholesalers, and/or licensees, under the conditions available in the supply contract and quotation or directly at the manufacturers’, wholesalers’, or licensees’ premises or website, which the Client is responsible for finding and consulting before the contract conclusion.
4.3) However, to ensure the preservation of the contract between the same, the Parties agree that in case of termination, for any reason, of the contractual relationship regarding the supply of one or more Products/Services indicated in the quotation, the contract, where possible, will remain valid and effective concerning the other ICT Services, if contemplated. Fyonda Srl will carry out its activity in complete operational autonomy, without time or presence constraints, without being subject to any hierarchical and disciplinary power by the CLIENT. For each type of service, the technical conditions are described and published on the supplier’s website at https://fyonda.io/it and its subsections as well as in the work note/quotation sent together with the supply contract or as an alternative to it.
4.4) With the Contract, Fyonda Srl undertakes an obligation of means and not of result; therefore, it cannot be held liable if: – the actual inclusion of the site in the indexes of the main search engines does not occur, as Fyonda Srl will only guarantee the correct reporting of it; – the time required for the site to be reviewed and included in one or more indexes is not immediate and in any case less than 3 (three) months, as it is variable depending on the categories and publishers. In this case, the Client hereby authorizes Fyonda Srl to carry out, if necessary, a new registration to solve the described problem that may have arisen, without this implying any obligation for Fyonda Srl; – the Client’s site/application does not meet specific requirements unless these have been the subject of a specific contractual agreement and are a “sine qua non” condition for the functionality/creation of the site/application; – the Service, in case of renewal, is updated according to any changes in the operating algorithms made by the reference search engines.
4.5) Services related to websites dealing with products, services, and content related to tobacco and cigarettes, weapons, alcohol, drugs and related accessories, products that help pass drug tests, counterfeit brand products, prescription drugs, fake documents, fireworks, and pyrotechnic devices, gambling and betting, hacking sites, mod chips and decoding systems, miraculous cures, dialers, fund requests, racist and violent content, prostitution, erotic content are excluded from the service provision.
4.6) Reporting services of third-party services are excluded from Fyonda Srl’s activities.

Article 5 – Contract Conclusion
5.1) The Contract is concluded on the date of correct and timely receipt by Fyonda Srl of the Contract Module, signed by the Client in every part, together with the correctly signed quotation for acceptance;
5.2) Acceptance and forwarding of the Contract by the Client can be executed online (email or PEC) or by paper mail via registered letter with return receipt to the following address: Fyonda Srl, with registered office at Via Don Minzoni 59 – Martano or to alternative addresses indicated in the quotation or supply contract. It is understood that after 30 (thirty) days from the order date, in the absence of receipt by Fyonda Srl of payment within the indicated terms, the order will be canceled without any notice. The Client acknowledges and accepts that they cannot make any claims against Fyonda Srl and releases them from any liability regarding the order cancellation. Amounts eventually received in payment by Fyonda Srl regarding a canceled order will be refunded to the Client under the terms and conditions indicated in the subsequent Article 6, paragraph 6.5, which is also fully referenced for the case of credit loss.
5.3) The client guarantees that the personal information indicated in the contract and quotation is updated, complete, and truthful. The client also undertakes to promptly communicate any changes to their data so that it is always updated.
5.4) The Client agrees and acknowledges that if they provide false, inaccurate, outdated, or incomplete information or if the provider believes, at its discretion, that the provided information is false, inaccurate, outdated, or incomplete, the provider will have the right to subordinate the contract’s effectiveness to the verification of such data, notifying the client via email and/or certified email. Following the contract conclusion, the user agrees and acknowledges that if the Provider becomes aware that the provided information is false, inaccurate, outdated, or incomplete, the Provider will also have the right to exercise the right under Articles 12 and 13, in addition to suspending the service.
5.5) After the contract conclusion and the acceptance of the quotation/order note, Fyonda Srl will not accept to perform activities other than those provided and/or consequential to the same but still indicated in the specification. Any activity not provided in the contract and/or order note, if requested, must be subject to a new quotation which will still be subject to the clauses contained in the originally signed supply contract and these GTCs.

Article 6 – Consideration and Payment Methods
6.1) The payment of the Service’s fee, and any additional costs necessary for its provision, must be made by the Client according to the methods indicated in the supply contract and/or the quotation. The Service’s price is identified based on the agreed quotation between the parties. VAT due will be applied to all invoiced amounts, which, together with any other tax liability arising from the contract’s execution, will be borne by the Client. In any case, the Client expressly declares to release Fyonda Srl from any and all liability arising from transactions or payments made.
6.2) In the case of payment by bank transfer, the Client must uniquely and correctly indicate the order number and the name of the purchased Service in the “reason”; in the absence of a correct and unique indication, Fyonda Srl cannot be held responsible for the non-attribution of the payment to the Service requested by the Client, and the latter cannot make any claims or requests for damages and/or indemnities against Fyonda Srl and declares to waive them now and then. However, the Client may request Fyonda Srl to use such credit for purchasing and/or renewing other Services under the methods and terms indicated in the following paragraph 5, to which full reference is also made regarding the case of credit loss.
6.3) The Client cannot assert rights or raise exceptions of any kind if they have not correctly made the payments provided by the Contract and provided appropriate documentary proof upon request from Fyonda Srl. If the payment of the price is invalid or is revoked or canceled by the Client for any reason, or is not made, confirmed, or credited to the benefit of Fyonda Srl, the latter reserves the right to suspend and/or interrupt the Service’s activation and/or provision with immediate effect if it has already been activated.
6.4) By accepting these General Conditions, the Client expressly consents to the invoice being transmitted and/or made available in electronic format.
6.5) Any credits existing in favor of the Client, for any reason (even in the case of purchasing hourly packages), and not attributed to any Service, for any reason, must be used by the latter for purchasing or renewing Services provided by Fyonda Srl within and no later than 12 (twelve) months from the payment date. After the indicated period has passed without the Client having used the aforementioned credit, it will be considered definitively acquired and collected by Fyonda Srl, and the Client cannot claim its return or use.
6.6) The payment of invoices issued by Fyonda Srl must be made by the Client for the full amount, even in the case of a dispute, otherwise, the subsequent Articles 15 and 16 will apply.
6.7) The consideration paid by the Client will be attributed to the ordered Service, however, the Client acknowledges and accepts that in the event of unpaid invoices issued by the Provider to the Client for any previous service provision, the provider itself, upon notice to the Client, will attribute the consideration paid to the payment of the aforementioned invoices until the full correspondence of the amount indicated and due. The remaining amount paid by the Client following the aforementioned operation will be attributed to the ordered Service, and the Client must immediately pay the additional amount due until the consideration is reached, identified in the amount indicated in the previous paragraph 1, otherwise, the Contract’s conclusion will not occur.

Article 7 – Service Activation and Provision
7.1) The Client acknowledges and accepts that the practices for activating or renewing the Service will begin at the time of signing the supply contract and/or the quotation or paying the Service price advance, according to the methods indicated in the service supply contract and/or the quotation; Fyonda Srl will notify the Client via email or paper communication sent via registered letter with return receipt to the Client’s registered office of the Service’s activation.
7.2) Fyonda Srl reserves the right not to proceed with the Service’s activation, continuation, or renewal, at its sole discretion, in cases where: a) the Client has been non-compliant with Fyonda Srl and/or companies related to it and third-party service providers, even concerning previous contractual relationships. In this case, the Service’s activation may be subordinated, at Fyonda Srl’s discretion and after communication, to the previous relationship’s fulfillment; b) the Client does not provide the requested documentation, or provides false data or data suspected to be such (in the latter case, the service’s activation will be subordinated to the data’s verification by the Provider); c) the Client is listed in the protest register or subject to enforcement procedures; d) the Client is admitted or subjected to insolvency procedures; e) there is a reasonable suspicion of the Client’s insolvency and/or the same has requested the activation of over-indebtedness crisis composition procedures; f) there are technical, organizational, or other reasons that hinder the Service’s activation. Fyonda Srl will notify the Client of the Service’s non-activation or non-renewal, indicating the reasons, and will be required to return the fee received in payment without further charges. It is understood that no interest of any kind will be due on such an amount. The Client acknowledges and accepts that they will only be entitled to the return of the paid price and cannot make any claim for indemnity, damages, or any other claim due to the Service’s non-activation.

Article 8 – Duration
8.1) The parties agree that the contract will have the duration indicated in the specific contractual agreement or the attached quotation and that this will start from the service’s activation as provided in Article 7. The parties agree that on the contract’s natural expiration date, the provided service will be interrupted, and the Contract will cease to be effective unless renewed at least 15 (fifteen) days before the same expiration date, through the forwarding of a specific renewal request and payment of the related amount, at the rates and special contractual conditions that will be stipulated in the new supply contract/quotation. As a result, the contract will be renewed for the agreed time between the supplier and the Client at the time of the order and indicated in the new Contract.
8.2) At the end of the contractual relationship, for any reason, the Client and Fyonda Srl will be free from mutual obligations.

Article 9 Client Data
9.1) The Client guarantees, including under and for the purposes of Article 494 of the Penal Code, that the personal data provided to Fyonda Srl for the full execution of the contract are correct, updated, and truthful, allowing them to identify their true identity. The Client undertakes to promptly communicate to Fyonda Srl any changes to their personal data indicated at the contract’s conclusion and to provide adequate proof of their identity, domicile, or residence, and, if applicable, their role as legal representative of the legal entity requesting the Service at any time upon request.
9.2) The Client acknowledges and accepts that if, for the contract’s conclusion, they have provided false, outdated, or incomplete data, the provider reserves the right to immediately suspend the Service and/or terminate the contract, retaining the amounts paid by the Client and reserving the right to claim greater damages; it is understood that the Client cannot claim any refund, indemnity, and/or damages from Fyonda Srl for the time they did not use the Service.

Article 10 – Changes to the Contractual Terms of the Service
10.1) The client acknowledges and agrees that the provider reserves the right to modify and update the service fee, notifying the client, with the related reasons, via email at least 30 days before the contract’s expiration date.
10.2) The parties agree that such changes in fees will be applied at the time of any contract renewal, without prejudice to the client’s right to withdraw under Article 14;
10.3) The provider also reserves the right to make changes to these general contract terms, notifying the client via email and updating the new contractual text on its web page: fyonda.io/it and related subsections. The parties agree that such changes will be applied at the time of any contract renewal, without prejudice to the client’s right to withdraw under the previous Article 8; failing which the client declares, now and then, to accept the new general contract terms.

Article 11 – Obligations and Limitations of Liability of Fyonda
11.1) Fyonda Srl guarantees the Client the provision and use of the Services in accordance with the Work Note and Contract. Fyonda Srl declares and guarantees that the Activities covered by the contract are included in its corporate purpose and that it has its organizational and managerial autonomy capable of operating in the sector covered by the contract, as it does, with its capital means and equipment. Fyonda Srl does not offer an on-site presence service through “body rental.”
11.2) Fyonda Srl undertakes to:
– perform the service without interfering or hindering or interrupting the Client’s work activities
– promptly notify the client of any changes regarding the corporate structure and its corporate bodies, as well as the emergence of any circumstances that may cause significant changes to its financial situation;
11.3) Fyonda Srl’s obligations and liabilities towards the Client are exclusively those defined by the Contract, the Quotation, these conditions, and the consumer code. Therefore, in any case of violation or non-compliance attributable to Fyonda Srl, the latter is not liable for an amount exceeding that paid by the Client for the single Service, ordered or renewed, affected by the damaging event. Any other indemnity or compensation to the Client for direct or indirect damages of any nature is expressly excluded.
11.4) Fyonda Srl will not be held liable for any use of the Service in relation to critical situations involving, for example, specific risks to people’s safety, environmental damage, specific risks related to mass transport services, the management of nuclear and chemical plants, and medical devices; in such cases, Fyonda Srl is available to evaluate and negotiate a specific “mission critical” agreement with the Client, with the respective SLA (service level agreement).
11.5) Fyonda Srl cannot be held liable for any direct or indirect damages suffered by the Client due to errors in the data communicated to it;
11.6) Fyonda Srl undertakes to ensure the best functionality of the product, but it assumes no liability to the Client or Third Parties for malfunction and delays caused by reasons not attributable to it, such as, by way of example and not exhaustive: a) fortuitous event, catastrophic events, or force majeure; b) third-party actions; d) incorrect or non-compliant use of the product by the Client;
11.7) Fyonda Srl does not provide any guarantee on the validity and effectiveness, even probative, of the Service or any data, information, message, act, or document associated with or otherwise entered, communicated, transmitted, stored, or otherwise processed through the Service itself: a) when the Client intends to use or enforce them in States or legal systems other than the Italian one, b) for their secrecy and/or integrity (in the sense that any violations of the latter are usually detectable by the User or the recipient through the appropriate verification procedure).
11.8) Fyonda Srl assumes no responsibility for the information, data, content entered or transmitted and, in general, processed by the Client through the Service and reserves the right to take any initiative and action to protect its rights and interests, including the communication of useful data to identify the Client to the involved parties.
11.9) It is understood, and the Client acknowledges and accepts, that Fyonda Srl is not liable for damages suffered by the Client and/or Third Parties, directly or indirectly, due to the use of the Service.
11.10) In the event that the Client is a Public Administration, Fyonda Srl assumes all obligations of financial flow traceability under Article 3 of Law 13 August 2010 No. 136 and subsequent amendments and integrations.
11.11) Fyonda Srl assumes obligations of means and not of result. Fyonda Srl cannot be held liable for any damages, direct or indirect, suffered by the Client due to errors in the data communicated to it.
11.12) Fyonda Srl undertakes to ensure the best functionality of the system, but it assumes no liability to the Client or Third Parties for delays, malfunctions, suspension, and/or interruption in the Service provision caused by reasons not attributable to it, such as, by way of example and not exhaustive: a) fortuitous event, catastrophic events, or force majeure; b) third-party actions; d) tampering or interventions on the services or equipment carried out by the Client or unauthorized third parties; c) failures and malfunctions of machines and software, whether owned by Fyonda Srl or its suppliers; d) incorrect or non-compliant use of the Service by the Client; e) execution of ordinary and/or extraordinary maintenance interventions or modifications and/or maintenance that are not programmable and/or foreseeable and technically indispensable; f) justified reasons of security and/or confidentiality guarantees; g) in case of failure and/or malfunction involving danger to the network and/or people.
11.13) It is understood, and the Client acknowledges and accepts, that Fyonda Srl assumes no responsibility to the Client or Third Parties for any measures that the competent Authority may directly adopt, which may limit the usability of the service offered by Fyonda Srl;
11.14) It is understood that no liability can be attributed to Fyonda Srl if the Service provision, with the precise characteristics requested by the Client, is conditioned by the third party’s action (by way of example but not exhaustive, Fyonda supplier) and/or the timing of the related activation procedures. 11.15) The Client acknowledges and accepts that: a) the use of services provided in collaboration with other infrastructures (national and international) is limited to the borders and the rules established by the service managers themselves, as well as the laws in force in the countries hosting such services and international ones on the subject; b) technical service interruptions due to failures and malfunctions of machines and software, whether owned by Fyonda Srl or its suppliers, are always possible; c) the very nature of Internet services does not allow any guarantee on the possibility of reaching any web space worldwide; d) In case of georeferenced campaigns, the client acknowledges that such filtering occurs during the delivery of impressions;
11.16) Fyonda Srl will provide technical assistance limited to the type of service requested by the client through an FAQ support on its website or a “bug tracker” service, or via email reporting to the info@fyonda.io/it mailbox or through the maintenance service provided in the contract; The provider will never contact the user to request the account or other confidential information. Any such request by third parties is to be considered a breach of confidentiality and may be reported to info@fyonda.io/it.
11.17) At the contract’s expiration, the provider will return all the client’s property without retaining any copy of the material itself.
11.18) Fyonda Srl declares in advance that it does not perform any control, mediation, or supervision over the content entered by the Client on the network. For this reason, not exercising any preventive control, Fyonda Srl is not obliged to delete offensive, questionable, or for any reason unlawful content, while reserving this faculty. The Client will remain solely responsible for any unlawful modifications to the services and products provided by Fyonda or for uses other than those for which such services/products are created or provided.
11.19) Fyonda Srl undertakes to guarantee an adequate level of professionalism for the requested activities’ performance, following the rules of art and in any case with the prescribed diligence and for the time strictly necessary for the requested service’s performance.
11.20) If the Contract or the nature of the Services requires it, Fyonda Srl undertakes to notify the Client of all indispensable updates for the Service’s proper functioning and security as provided in the Contract and, if necessary and only with their express consent, to carry out the indispensable updates.
11.21) If the Client refuses to carry out the indicated necessary updates, Fyonda Srl cannot be held liable for any interruptions and/or malfunctions of the provided Services.

Article 12 – Client’s Obligations
12.1) The Client undertakes to use the Service in accordance with the Contract and these GTCs, in compliance with the law, current regulations, morality, and public order.
12.2) By way of example but not exhaustive, the Client undertakes to: a) Not engage in or contribute in any way to computer attacks of any kind (including DOS attacks, viruses, or other harmful components), acts directed at violating or attempting to violate the confidentiality of private messages, damaging the integrity of others’ resources, causing direct or indirect damage to anyone (by way of example but not exhaustive through pirate software, cracks, key generators, serials); b) Refrain from committing any violations of Fyonda Srl’s or Third parties’ computer systems and network security that may give rise to civil and/or criminal liability; c) Not use the Service in a way that causes harm to third parties; d) Ensure that any material they enter into the Internet network, even through Fyonda’s offered services, is within their legitimate and complete availability, does not conflict with mandatory rules, and does not violate any copyright, trademark, patent, or other rights of third parties or Fyonda Srl protected by law or contract. Copyrighted material can be entered into the network only if the Client has obtained usage rights from the actual copyright holder; f) Treat as confidential any data or information received, known, or managed for or due to the Service provision; h) Not use or allow third parties to use the Service in a way that harms or damages, in any way and form, the image and brand owned by Fyonda Srl; i) Not engage in spamming or equivalent actions in violation of current legal provisions, not introduce or send programs (viruses, Trojan horses, etc.) that compromise the network’s functioning; l) Accept and observe the good use rules of network resources, contained in the “Netiquette” document, published on the Italian Naming Authority website (http://www.nic.it/tutto-sul.it/netiquette), of which the Client declares to be aware and accept; m) Not use or allow third parties to use the services provided by Fyonda Srl against morality and public order, to disturb public or private peace, cause offense, or direct or indirect damage to anyone (by way of example but not exhaustive, material dealing with pedophilia, pornography, or racist or fanatical apologies). n) not use the service in violation of privacy regulations (Reg. Eu. 679/2016)
12.3) In case of violation of even one of the above obligations/commitments, Fyonda Srl will have the right to intervene in the forms and ways deemed appropriate to eliminate, where possible, the violation and its effects, and to suspend the Service immediately and without any notice, reserving the right to terminate the contract under the subsequent Articles 15 and 16.
12.4) In the above cases, Fyonda Srl will withhold the amounts paid by the Client as compensation, without prejudice to the greater damage. The Client acknowledges and accepts that they will not be entitled to any refund, indemnity, or compensation for the measures Fyonda Srl deemed appropriate to adopt. In any case, the Client assumes, now and then, full responsibility for the above violations and undertakes to indemnify and hold the Supplier harmless from any prejudicial consequences.
12.5) The Client must promptly, and in any case within 48 (forty-eight) hours, notify Fyonda Srl of any irregularities or malfunctions in the service. Any damages caused by a delayed communication from the Client will be considered the Client’s sole responsibility;
12.6) The Client acknowledges that the Internet network is not controlled by Fyonda Srl and that due to the network’s peculiar structure, its performance and functionality cannot be guaranteed, nor can the content of information transmitted through it be controlled. For this reason, no liability can be attributed to Fyonda Srl for the transmission or reception of illegal information of any nature and kind.

Article 13. Contacts
13.1) The Supplier and the Client must appoint a single contact person for their relationships, who will manage the contractual relations between the two parties.
13.2) The designation must take place within the month following the contract’s conclusion unless the names are indicated in the contract itself.

Article 14 – Assignment of the Contract
14.1) The client and Fyonda Srl cannot, without written agreement between the parties, in any way and in any form assign to third parties, even partially, the contract between them.

Article 15 – Early Withdrawal
15.1) The parties agree that the client may unilaterally withdraw from the contract under Article 1373 of the Civil Code by written communication to the supplier sent by registered letter with return receipt.
15.2) The parties agree that if the client exercises this right, the supplier will have the right to retain the entire amount paid by the client as the annual service fee, which will be considered the withdrawal fee even for the unused service period, except as provided in the following paragraphs;
15.3) The Client qualifying as a “consumer” under Article 3 of Legislative Decree 206/2005 (known as the “Consumer Code”), may exercise the right of withdrawal in the forms and methods of Articles 52 and following of the Consumer Code within 14 (fourteen) days from the Contract’s conclusion date without any penalty and without indicating the reasons. Specifically, the Client must expressly manifest the withdrawal intention by sending the communication exclusively by registered letter with return receipt to the addresses indicated in the Contract or certified email (PEC) to fyonda@pec.it.
15.4) The withdrawal will take effect within 30 (thirty) days from the receipt date by Fyonda Srl of the aforementioned communication, authorizing the latter to deactivate the Service.
15.5) Without prejudice to the provisions of the preceding paragraphs of this article, Fyonda Srl reserves the right to withdraw from the Contract at any time and without obligation to provide reasons, by written communication to the Client, with at least 30 (thirty) days’ notice, except in cases where: (i) events occur due to force majeure; (ii) the Client is listed in the protest list, declared insolvent, admitted, or subjected to insolvency procedures; (iii) is in default to any title towards ABC Interactive, even for different Contracts from the present; in which case the Supplier reserves the right to withdraw from this contract with immediate effect.

Article 16 – Express Termination Clause – Termination for Default – Resolutive Conditions
16.1) Without prejudice to what is provided in other clauses of the Contract, the latter will be considered terminated with immediate effect under and for the purposes of Article 1456 of the Civil Code if the Client: a) violates the obligations provided in the previous Articles as well as the provisions in the contract or the quotation; b) violates the Policy for using Fyonda Srl’s services indicated in these conditions; c) engages in any illegal activity using the Service; d) assigns all or part of the contract to third parties without Fyonda Srl’s prior written consent. e) fails to pay the fixed consideration; f) acts or presents themselves as an agent of Fyonda Srl or pretends roles within it;
16.2) In case of default on the obligations provided by the Contract, Fyonda Srl reserves the right to send the Client, at any time, a formal notice to comply within 15 (fifteen) days from the receipt of the related registered letter with return receipt under Article 1454 of the Civil Code.
16.3) From the Contract’s termination date, occurring in the cases provided by this article, the Service is deactivated without any notice. In such cases, the Client acknowledges and accepts that the amounts paid by them will be retained by Fyonda Srl as a penalty, and the latter will have the right to charge the Client for any additional costs it has had to bear, while in any case reserving the right to compensation for any greater damages or the payment of any unpaid work carried out.

Article 17 – Non-Disclosure Clause
17.1) The term “confidential information” means any information acquired as a result and/or on the occasion of this contract that has been expressly indicated as such by the Parties or that can reasonably be considered as such due to its nature, content, or the circumstances in which it is provided. Therefore, confidential information is understood, by way of example and not exhaustive: commercial, technical, industrial, and financial information, including rights and any form of exploitation of industrial property, know-how, trademarks, patents, ornamental designs, texts, videos, programs, or related to activities, clients, products, prices, market analysis, sales techniques, operations, processes, forecasts, calculations, evaluations, and intentions, or related to the company or another company of the same industrial group.
17.2) The Parties undertake, therefore, to indicate, from time to time, the information to be considered confidential, including those of Background, Sideground, or protected by the laws on industrial and intellectual property exchanged in execution of this Agreement, the possible disclosure of which must be authorized in writing by the owner of the confidential information.
17.3) The Parties undertake, therefore, for the entire duration of this contract and for an additional period of 5 (five) years to: 17.3.1 not disclose to third parties, neither in whole nor in part, directly or indirectly, in any form, any confidential information transmitted to them by the other Party; 17.3.2. not use, neither in whole nor in part, directly or indirectly, any confidential information transmitted to them by the other Party for purposes other than those provided by this agreement; 17.3.3. employ every suitable means and take all reasonably necessary actions to ensure that the confidential information is not freely accessible to third parties; 17.3.4. not duplicate, copy, reproduce, record, or otherwise represent, except for the needs arising from the execution of this Contract, or except with the express consent of the entitled Party, by any means suitable for such purposes, in whole or in part, files, acts, documents, lists, notes, drawings, schemes, correspondence, and/or any other material containing one or more confidential information; 17.3.5. return or destroy immediately, at the end or termination of this Agreement, any and all files, acts, documents, lists, notes, drawings, schemes, letters, and any other material, including their possible copies or reproductions, containing one or more confidential information, provided there is no legal obligation to keep them. 17.3.6. Confidential information will be communicated only to those who objectively need to know it for the purposes of this collaboration and who have also previously undertaken a confidentiality obligation in accordance with this agreement’s provisions.
17.4) The parties mutually acknowledge that under no circumstances can the following be considered confidential information: 17.4.1. information that can be proven to be generally known or easily accessible to third parties at the time of communication; 17.4.2. information that, at any time, becomes public domain or otherwise freely accessible by third parties, without the Party who became aware of it having violated this Agreement, provided their disclosure or accessibility is not caused by illegal action or was not expressly prohibited by the Party who communicated it, and from the moment it becomes effectively public domain or freely accessible; 17.4.3. information that one Party can demonstrate was lawfully in their possession before it was communicated by the other Party; 17.4.4. information that one Party can demonstrate is in their lawful possession independently of the collaboration relationship; 17.4.5. information that one Party is required to communicate or make accessible in compliance with laws or regulations and an order issued by the public Authority.

Article 18 – Exclusive Property Rights
18.1) The Service will be used by the Client in compliance with the intellectual and/or industrial property rights of Fyonda Srl and/or third parties.
18.2) Fyonda Srl is the exclusive owner and holds the software, source code, related documentation, and any other information provided to the Client in execution of the contract; therefore, the Client is not authorized to reproduce, process, publish, disseminate, and transfer to third parties by any means the aforementioned material, except within the limits necessary to use the purchased Service.
18.3) All material from the Supplier must be treated as confidential, and it is expressly forbidden to publish, transmit, or disseminate it to third parties in any way and form.
18.4) The original source codes/files of the software created by Fyonda Srl will become the property of the client only under a new and specific contract that takes into account the source code’s value as the provider’s know-how.
18.5) The client may transfer the intellectual property of the source files to third parties only when they have become their property or only under a specific contract with the provider.
18.6) Until the Client has paid the balance of the due amount, all other works of ingenuity produced by the Agency during the Contract in any form and on any medium, such as, by way of example and not exhaustive, programs, models, ornamental designs, graphic supports of any kind, texts, photographs, and videos, except for the original source code mentioned in the previous paragraphs, will remain the property of Fyonda Srl.
18.7) Therefore, the Client undertakes: a. to use such works of ingenuity solely for the purpose of benefiting from the Services covered by the Contract; b. not to copy and/or reproduce them in any way and form, in whole or in part; c. not to disclose, disseminate, or divulge them to third parties or use them for others’ benefit; d. in case of exercising the right of withdrawal and/or revocation of the assignment, to return to Fyonda Srl all the documentation and the aforementioned works of ingenuity used and/or created for the Service’s performance.

Article 19 – General Provisions
19.1) These conditions will remain in force even after the first execution date, in accordance with the terms provided here, without the need for the Parties to renew the assumption of those among the obligations deriving from them. However, upon request of one or both Parties, the agreements contained herein will be, in whole or in part and at any time, reproduced in separate and distinct documents, provided the content, conditions, and unity of the agreements and that the Party requesting such will bear all related costs, expenses, and tax burdens.
19.2) No Party may assign the bonds deriving from the Service contract or the respective interests, rights, and obligations deriving from the Contract to third parties without the other Party’s prior written consent.
19.3) No Party may be deemed to have waived their rights deriving from the Contract or from the other’s non-compliance or violations unless such Party has formalized such waiver in writing.
19.4) No waiver to enforce any non-compliance or violation of a provision will be interpreted as a waiver to enforce further non-compliances or violations of the same, whether similar or not, nor can it be interpreted as a waiver of the provision itself.
19.5) This version cancels and replaces any previous formulation of the GTCs that may have been drawn up and constitutes the latest and complete manifestation of the service terms. No modification, postscript, or clause added to this contract will be valid and effective between the Parties unless specifically and expressly approved in writing by both with an express waiver clause. In the case of special agreements with the Client, these must be formulated in writing and will constitute an addendum to these conditions.

Article 20 – Personal Data Processing
20.1) The processing of personal data communicated by the Client to Fyonda Srl for the Contract’s execution and subsequent Service provision will be carried out in accordance with Legislative Decree 196/2003 and Regulation (EU) 679/2016, the information present on the website https://fyonda.io/it, and the consent to data processing expressed therein by the Client or through a form attached to the contract.
20.2) Fyonda Srl, for the sole phases of data collection, processing, and management, necessary for Service provision, acts as an autonomous Data Controller in accordance with the definitions of roles described in Legislative Decree 196/2003 and Regulation (EU) 2016/679.
20.3) The Client, concerning third-party data entered and/or processed by them during the order and/or Service use phases, declares to have previously provided them with adequate information as per Article 13 of Regulation (EU) No. 679/2016 and to have obtained their consent for processing. It is understood that the Client acts as an autonomous Data Controller for such data, assuming all related obligations and responsibilities and holding Fyonda Srl harmless from any contestation, claim, or other from third parties regarding such processing.

Article 21 – Appointment as Data Processor
21.1) By accepting these GTCs and completing the supply contract in accordance with Regulation (EU) 2016/679 and applicable regulations, the Client, as the Data Controller of personal data processed by them using the selected Service among those covered by these Conditions, and as governed from time to time in the specific conditions of the Contract, appoints Fyonda Srl, with registered office at Via Pomba 29 – Torino VAT No. 11681870017, as Data Processor, with a detailed description of the tasks and obligations to which they will be subject due to such role.

Article 22 – Applicable Norms
22.1) These GTCs and the contracts referring to them are governed by the norms and laws in force at the time.
22.2) In the presence of conformity requirements referring to national and EU provisions and/or product technical standards, such references are considered adopted with regard to the edition in force at the time of contract documents’ completion.
22.3) If new technical regulations or changes to existing ones occur after the contract’s date and until its completion, they must still be respected.
22.4) The supplier and the client, in case of a company, also undertake to comply with the provisions, current or forthcoming, on workplace safety, worker treatment, and protection.

Article 23 – Applicable Law and Competent Court
23.1) The Contract is governed exclusively by Italian law, excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, whose application may be regulated only by a specific side agreement between the parties.
23.2) The Italian Judicial Authority will have exclusive jurisdiction to resolve and decide any and all disputes relating to the Contract’s interpretation and/or execution and/or application unless the Client has acted and concluded the Contract as a Consumer for purposes unrelated to their entrepreneurial or professional activity; in such a case, the jurisdiction will be of the Judicial Authority of the State where the Consumer was domiciled at the time of the Contract’s conclusion, unless the same Consumer prefers to refer to the Italian Judicial Authority.
23.3) When, under the previous paragraph 2, the jurisdiction to resolve and decide any and all disputes relating to the Contract’s interpretation and/or execution and/or application is identified: a) in the Italian Judicial Authority: the territorial jurisdiction will exclusively belong to the Court where the defendant is domiciled or has their registered office unless the Client has acted and concluded the Contract as a Consumer for purposes unrelated to their entrepreneurial or professional activity; in such a case, the exclusive jurisdiction will belong to the Court where the Client was domiciled at the Contract’s conclusion if located within the Italian state; otherwise, the exclusive jurisdiction will belong to the Court where the Supplier has its registered office; b) in the Judicial Authority of a state other than Italy: the territorial jurisdiction will exclusively belong to the Court where the Client is domiciled, if still located within the state where they were domiciled at the Contract’s conclusion; otherwise, or if the Client prefers to refer to the Italian Judicial Authority, the exclusive jurisdiction will belong to the Court where the Supplier has its registered office.