TERMS AND CONDITIONS OF USE “CUSTHOMEYES”

Art. 1 – Object of the contract.

a. The following agreement is about the use of the application called “CUSTHOMEYES” (hereinafter also simply “Software” or “Application”).

b. The general conditions set out below, defines and regulates the contractual relationship between the NIGIS S.r.l. (C.F and P.IVA number: 11380760014), in the person of its legal representative “pro tempore”, base in Torino (TO), Corso Duca Degli Abruzzi N. 88 (hereinafter simply “NIGIS”), as well owner of www.custhomeyes.com, owner and service provider of the application called “CUSTHOMEYES”, and users (hereinafter referred to as “Customer” or “User”)

c. The Application is a service for users willing to recreate spaces and real estate in 3D, giving the user the ability to move freely in the 3D spaces and to interact with the surrounding objects.

d. This application is suitable for desktop / PC and smartphones and it is developed directly by NIGIS.

e. NIGIS is the exclusive right holder of whatever “CUSTHOMEYES” provide nationally and internationally, including logo, interactive functions, design, script and graphics.

f. The Software “CUSTHOMEYES” and its implementation are exclusive property of NIGIS and its licensors.

g. NIGIS is not linked under circumstances to any brands and products made available in the application. All trademarks mentioned and reproduced in the Software are own by third party companies and their use is regulated by specific agreements made by NIGIS with those companies. Any web site and/or application that may be linked to this software are exclusive responsibility and are own by their respective owners, and are not under direct control of NIGIS; NIGIS is not responsible for their content, including materials and information published on the those websites and NIGIS does not recommend or advice any of them; it is the user decision to decide weather or not to buy and use any of the products and furniture made available from third parties companies.

h. Everything else, unless otherwise stated, is copyright of NIGIS.

i. “CUSTHOMEYES” service provides specific actions to encrypt data and its content in order to secure and preserve the customer’s personal data.

j. The client/user is responsible for the proper use of “CUSTHOMEYES” application.

k. The customer must confirmed under full and exclusive legal responsibility, to be at least sixteen years of age or/and to have granted parents/guardians permission and to be fully capable of sound mind.

l. By using the application, customer agree to these terms of use; if declined, access to the software will not be granted.

m. By using the application customer agree to the conditions of use and licensing of third parties, necessary for the correct operation of the Software, accessible through the links listed below; if declined, access to software will not be granted:
(under the /CUSTHOMEYES/ThirdParty).

n. The Privacy Policy, available at https://ww2.custhomeyes.com/en/privacy-en/, regulates all the personal information provided by the customer/user to NIGIS. By using the Services or Software, customer/user agree to the Informative Privacy Protection.

o. NIGIS stores, uses and processes personal data provided by the user as well as and the cookies collected on our Software, limited to the purposes provided by Privacy Policy (accessible at the following link: https://ww2.custhomeyes.com/en/privacy-en/) and disclosure Cookies (reached at the following link : https://ww2.custhomeyes.com/en/cookies-en/).

Art. 2 – How to operate the Software

a. Customer may access the application “CUSTHOMEYES” by registering on the account and fill in the proper user credential, such as user name, password, email address, name and last name, date of birth, gender (M or F), nationality.

b. User must provide truthful information, in addition must keep secure them at all time. Customer/user may not collect or retrieve other user’s personal data.

c. User must notify NIGIS immediately from any unauthorized account use or password, or any other security breach. If not action taken, the user may be liable for any loss incurred by NIGIS or by other users/visitors, when personal data are illegally used by third parties.

d. The Application published by NIGIS is made accessible and offered “as is” and “as-available” and, in general, without any promises and / or guarantee of compatibility and suitability for a particular purpose and the user, moreover, without any promise and / or guarantee regarding the fact that the software allow to reached specific results and to meet the requirements of other similar services provided by any other similar software present on the market and / or to any other user expectations, as long as it will not interfere with current laws.

Art. 3 – “PACK” service.

a. The free version of “CUSTHOMEYES” software is subject to conditions and limitations. In order to access the full service customer/user may activate the “PACK” service. All the functions available with the free and complete version of “CUSTHOMEYES” may be found at the following link: www.custhomeyes.com

b. “PACK” service will last a month from activation and will not be automatically renewed at the end of term, unless the customer will click on the automatic renewal on his/her account at www.custhomeyes.com site. If automatic renewal option is activated, NIGIS is entitled to charge a fee “PACK” each month, using the payment option choose by customer. In order to use the “CUSTHOMEYES” service, customer must have a proper internet access and a compatible device for “CUSTHOMEYES”; Customer must provide a current payment method, valid and accepted (the “Payment Method”). Customer may updated it periodically. Specific information regarding the “PACK” service offered by “CUSTHOMEYES” may be found by visiting our website and clicking on “Your Account”, available at the top of the pages, under profile name.

c. Subscriptions to “CUSTHOMEYES” service are available with a free trial. The free subscription trial period lasts for 30 (thirty) days, or as otherwise specified in the registration process, and it is intended to allow new subscribers and some former subscribers to try the service. During the registration process the User will be notified if entitled for a free trial period.

d. To view the “PACK” service monthly rates and expiration of the free trial period, and all other options of subscription including the charges, please visit www.custhomeyes.com.

e. NIGIS reserves the right to change their service plans and service fee; however, any change in fee or service plan will take effect 30 days after the date of notification and it will be promptly notified by email to customer.

Art. 4 – Billing.

a. Billing cycle. The subscription fee to the service “PACK” will be charged monthly using the payment method chosen at time of registration. In some cases, the day of charge may vary due the following circumstances: if the payment is declined or the subscription had started on a missing day in a given month. To display the date of the next payment, visit our website on the “Your Account.”

b. Payment methods. The Customer may change the payment method by visiting our website and clicking on “Your Account” at any time. If the charge is not successful, due to card expiration, no funds or any other reason, and the method of payment it is not bring up to date, it may brings the account to be cancelled. NIGIS, also, reserves the right to suspend any access to the service until new payment method is provided. If customer signed up for automatic payment the “PACK” service will automatically renew each month. Customer is liable for any unpaid amount and it may leads to a change of billing dates. For some methods of payment, if internationally, a small fee may be applied. To avoid extra fee please check with your local financial institution providing the service.

c. Cancellation Policy. Users may disable the “Service Pack” automatic renewal at any time, from the “CUSTHOMEYES” account. Access will be still granted until the end of the current billing circle. There will be no refunds or credits granted for periods of subscription to “PACK” not used. To disable the automatic renewal of the service “PACK” visit “Your Account” and follow the instructions for cancellation. If the subscription is cancelled the account will remain active with limited features, as illustrated in https://users.custhomeyes.com/index.php page. In the event that the registration to “CUSTHOMEYES” was made using a third party method of payment, the customer must notify the institution immediately to deactivate the charge and to stop any kind of service provided by NIGIS using third parties.

Art. 5 – NIGIS Rights and Duties.

a. NIGIS reserves the right to take the following actions at any time and without notice: (1) to modify, suspend or discontinue the functionality or access to the Software or parts of it, for any reason; (2) modify or change the Software or any requirement of it, and (3) to interrupt the functionality of the Software to perform routine or non-routine maintenance, correct errors or make other changes.

b. NIGIS may not, under any circumstances and for any reason, be considered responsible towards the user, for the successful modification, suspension, termination of the Application.

c. NIGIS may not be liable from user for any error, omission, interruption, defect, delay in operation or transmission, anomalies on the line, theft, destruction or unauthorized access to or alteration of data, that can not be direly attribute to NIGIS (for example: over the Application updates and / or technical updates to remove any defects of the Application).

d. NIGIS has the right to use all the information received from the customer’s account at the time of registration in order to facilitate the client’s access to the “CUSTHOMEYES” service.

e. NIGIS has the right to save the information provided by the Customer in order to re access the service with register every time.

f. NIGIS agrees not to disclose to third parties as from these Terms and Conditions of Use, the information submitted by users at the time of registration or in any other way communicated to NIGIS.

g. NIGIS, through “CUSTHOMEYES”, is entitled to access the information provided by the client such as files and localization where necessary in order to provide a proper service.

h. Customer, by accepting these Terms and Conditions, authorizes NIGIS, through the application “CUSTHOMEYES”, to share the personal information gathered with other companies or third party service providers, for commercial purposes only.

i. NIGIS may disclose information about the user (including identity) if it is determined that such disclosure is necessary in connection with any investigation or complaint regarding the use of the site, or to identify, contact or to take legal action against individuals who are likely to damage or interfere with (either intentionally or not) the property rights of NIGIS, the Software, including NIGIS customers. NIGIS reserves the right to disclose at any time any information is necessary to comply with laws, regulations, legal process or governmental request. NIGIS may also disclose user information if it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purpose.

j. NIGIS may retain any transmission or communication occurred between the user and NIGIS through the service provided and may also disclose such data, if required by law or if it is determined that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) conditions of operation, (3) to respond to claims that violate the rights of others, or (4) to protect the rights, property rights or NIGIS personal safety and its employees, user, visitors to the site and the public.

k. NIGIS reserves the right to denied access to the software and / or block future access at its own discretion and without notice, in the case of any violation of these terms and conditions or other agreements or guidelines which may be associated with the use of the software.

Art. 6 – Customer Rights and Duties.

a. In order to access “CUSTHOMEYES” service / application, customer is required to explicitly accept, through a specific option made available on the interface, these terms and conditions which constitute a valid contract between the Customer and NIGIS.

b. If terms and conditions are not accepted by the customer, the use of the application may not be granted.

c. Terms and Conditions are considered accepted by the customer at the time of register by confirming user name, password, email address, name, last name, date of birth, gender (M or F), nationality.

d. Customer is required to keep confidential all the account information, password and is responsible for all the activities conducted under the user name.

e. Customer may not use the application / service “CUSTHOMEYES” for commercial, illegal and / or not authorized porpoises.

f. It is expressly forbidden to use the application to send obscene, defamatory, libelous, threatening, abusive, racist content that constitutes an offense punishable by the law.

g. Customer may not, in any case, use the application / service “CUSTHOMEYES” for illegal or unauthorized purposes.

h. In the all above cases NIGIS reserves the right to cancel the account and stop service.

i. Client is responsible for the interaction with “CUSTHOMEYES” Software and to any risk connected with the application such as the planimetry, data, pictures, videos send between customer and application. NIGIS reserves the right, but not the obligation, to remove content and accounts that it considers illegal, offensive, defamatory, obscene, and in violation of terms and conditions.

j. In any case, the uploading of the planimetry and other materials and / or data is at customer own discretion and risk and customer is the only responsible for any damage occurred to his/her PC, smartphone and / or tablet and the connection, and data loss during operation with “CUSTHOMEYES”.

k. NIGIS shall not under any circumstances and for any reason considered responsible by the user or third parties, for any violation of another’s property right in relation to the plans and other materials that the user will upload the software.

l. NIGIS can not be held in any way responsible for damages and direct responsibility, indirect, consequential, exemplary, incidental and / or punitive damages, including lost profits, even if NIGIS has been advised of the possibility of such damages, which could occur to the use of the Software, or to third parties, caused by the use or misuse of the Application.

m. At the time “PACK” service is purchased, customer must declare by law if registered or not to VIES (VAT Information Exchange System), the automatic exchange system between the tax authorities of the EU member states. User agree that by declaring the false will be the only responsible infront of the law and NIGIS S.r.l., as well as its representatives and employees are not responsible under any circumstances, for any liability (civil, criminal, administrative and tax) that may arise as a result of false statements, inaccurate, omission or partial stating by user.

n. The customer may not in any way and for any reason alterate or copy the engineering, to modify, to transform, to reproduce or to make any other changes and “CUSTHOMEYES” application.

o. Customer is expressly forbidden to use the automated systems to send messages to and from “CUSTHOMEYES server”.

p. Access to Software from any locations outside Italy is user own decision and he/she must comply to the Italian Law applicable to this matter.

q. Customer may not use, export or re-export the content or any copy or adaptation of the content on the Software in violation of the laws and regulations in force.

r. All illegal actions due to interfere with the copyrights, trademarks, and other intellectual property rights, protection of personal and third parties data are strictly prohibited and will be considered as a breach of this contract.

s. NIGIS reserves the right to terminate customer’s account and to report to the proper authorities in order to prevent the perpetuation of the conduct described above and to protect NIGIS’s property.

t. Customer agree that NIGIS, its owners, directors, shareholders, predecessors, successive owners, employees, agents, subsidiaries and affiliates are not legally responsible for any use of this Software by users and will not be considered legally responsible against any claim, loss, liability, expense (including legal fees) resulting from the use of the Software by User. If the User is a legal person, he/she is legally responsible for the employees, agents, representatives, in the correct use, even occasionally, of the Software.

Art. 7 – Termination.

a. The breach of any obligations made by Customer as per art 4) of this contract will result in the early termination of this contract and it is NIGIS right to appeal to Authorities to recover from any damages.

b. Services will be cancelled and access to the applications and to any content will no longer made available to customer.

Art. 8 – Length of the contract.

a. Contract is on a year base and will be renew automatically at the end of the circle for another year.

Art. 9 – Change of obligations.

a. NIGIS reserves the right at is own discretion to change, modify, add or remove conditions or obligations of these contract at any time. Customer is responsible to check for any changes. Any changes to this contract will be considered automatically accepted by the customer when ever he/she sign in and/or use the application. Subject to compliance with these conditions, NIGIS grants customer a personal, non-exclusive, non-transferable, limited right to access the application and use it.

b. NIGIS will inform the customer if any conditions or obligations of this contract may change.

c. NIGIS may change terms and conditions as follow:

I. From any territorially applicable law, including, for example, due to a variation of the law, an amendment to the Law regarding personal data etc..;

II. As a result of a communication and / or an order based on applicable law;

III. If an equivalence ratio between the service and the compensation is not equal;

IV. For technical reasons;

V. To improve the service and the customer benefits

d. NIGIS will properly inform Customer of any changes made using the user interface, by email or by text, sent by the application service called “CUSTHOMEYES” or through any other available options.

e. NIGIS provide the Customer with the opportunity to withdraw from this agreement at least 10 days before the change becomes effective. If the customer choose not to exercise this right within the notice period, the amendment to this contract shall be deemed accepted. NIGIs will promptly communicate customer when changes are made in the contract.

Art. 10 – Change of features.

a. NIGIS is committed to keep the service “CUSTHOMEYES” active, error-free and secure.

b. NIGIS can not guarantee the continuous and smooth operation of service.

c. NIGIS may make any changes to the service “CUSTHOMEYES” or delete features at any time, by notifying the customer in advance.

d. Customer may terminate this Agreement at any time. It is understood that the fee already paid for the monthly subscription will not be reimburse.

Art. 11 – Applicable law.

a. With the acceptance of these terms and conditions all “CUSTHOMEYES” users outside Italy agree to fully accept the Italian legislation on this matter, including copyrights.

b. This Agreement is drawn in Italian language and will prevail in case of any dispute, or any prior versions, and / or additional versions translated into foreign languages.

c. In the event that one or more obligations/art of the contracts shall make unlawful by a judge or a court in a competent jurisdiction, they will be limited or eliminated and replaced with a valid obligation/art that best fit the legal meaning of the terms and conditions and will be considered fully valid and enforceable. These Terms and Conditions constitute an agreement between the parties in the use of the Software. NIGIS will not accept any change made buy users to these Terms of Use and if made, will be rejected. In the case that any obligations have been left out of this contracts and still be part of the use of the application, those obligations will be enforced by Nigis at any time in the current Term of Use; Furthermore, any dispute or argue between NIGIS, the User or third parties will not effect the terms of our User Agreement. These Terms of Use are not to provide any rights or remedies to any third parties.

Art. 12 – Forum.

In case of dispute, regarding the interpretation and execution of this contract, or the access to the Software, this agreement shall be interpreted and adjudicated in accordance with the Italian Law and the Turin Court House only.