Terms and Conditions

The following terms and conditions define and regulate the access, purchase, and use of the service provided by Monstain S.r.l., a company headquartered at Viale San Francesco d'Assisi 10, Trento. With these conditions, Monstain S.r.l. (hereinafter referred to as Monstain) commits to providing the Logistics IT services to the Client.

METHODS OF SUBSCRIPTION AND ACTIVATION OF SERVICES
The Client requests Monstain to activate the Logistics service.
The Client acknowledges having received all necessary information to verify that the service meets their needs; therefore, Monstain cannot be held responsible for any inadequacies of the service to the aforementioned needs. The Client subscribes to and purchases the service from Monstain S.r.l.; the validation of the service subscription implies the unconditional acceptance of these terms and conditions.
Following the purchase, Monstain will activate the service by sending via email, to the email specified by the Client during the registration phase, the following:
– Web address (URL) to access the administration area (hereinafter referred to as back-end);
– unique and confidential username and password to access the back-end.
The service will be delivered to the User with preloaded Monstain data. The User can update their data independently using the credentials received in the activation and delivery email. For each activation, a maximum threshold of 500 MB on our servers is provided. The confidentiality of the user data and password is the exclusive responsibility of the User. The User undertakes to immediately notify Monstain of any unauthorized use by third parties.

SERVICE SUPPLY CONDITIONS
Monstain commits to doing everything possible to allow access to the logistics.monstanin.com site and the related service, 24 hours a day, 7 days a week. However, Monstain cannot guarantee such access in case of system errors or maintenance interventions necessary for the functioning of the site and the service; none of these can occur without notice and do not entitle compensation.
Monstain strives to adapt its service to the continuous needs of its Clients and will continue to improve the service from the perspective of content, functionality, and appearance to meet the aforementioned needs. Service interruption following the aforementioned changes will occur without notice and does not entitle the Client to any compensation.

HOSTING
Logistics resides on Monstain servers. For each installation, Monstain offers a backup service for the Client's data. Monstain reserves the right to 'service downtime' for necessary ordinary or extraordinary maintenance.

LICENSE TO USE
The license to use starts from the activation date, has a minimum duration of 24 months, and is automatically renewed unless terminated by either party, by registered letter with acknowledgment of receipt, with at least 60 days notice before the expiry date.

BILLING AND PAYMENT METHODS
The service will be billed in annual advance mode. Service activation will only occur after the payment of the due amounts, followed by invoicing by Monstain. The payment methods are as follows:
– Bank Transfer
Monstain reserves the right to interrupt the service without further notice in case of payment delays exceeding 30 days from the payment date indicated on the invoice.

INTEGRATION WITH THIRD-PARTY APPLICATIONS AND SERVICE CONDITIONS
For proper functioning, Logistics requires integration with third-party applications (e.g., Google Maps, social networks, external push notification services). Using the services requires the full acceptance by the User of the terms and conditions of third-party applications. Terms and conditions can be consulted directly on the official sites of the parent companies.

CLIENT OBLIGATIONS
The Client is obligated not to use the service to publish, disclose, or distribute, in any form, inaccurate or illegal information or content. In case of violations, Monstain S.r.l. reserves the right to terminate the contract and delete the User's account.

LIABILITY LIMITATIONS
Monstain disclaims any responsibility for the contents and messages managed by the Client. The Client indemnifies Monstain from any responsibility for third-party claims of any kind. Monstain will not be liable in case of delays, malfunctions, and/or service interruptions arising from force majeure. Monstain is not responsible for damages to the Client from acts of vandalism, computer hacking, unauthorized intrusions. Monstain cannot be held responsible for direct or indirect damages suffered by the Client or third parties due to data loss, unauthorized dissemination of confidential information by the Client or its employees, privacy violations. Monstain does not guarantee the functionality of the service on obsolete or unsupported browsers and devices. Monstain does not guarantee that the service is always error-free and therefore cannot be held responsible for damages to the Client or third parties, including lost profits, resulting from the service. Monstain is not responsible for service discontinuities or malfunctions of third-party services, nor for errors attributable to the smartphone or APIs of other applications. Monstain is not responsible for interruptions or malfunctions of Google Maps, delays or failure to publish, and service interruptions attributable to Apple, Google, Facebook. Monstain is not responsible for the non-activation or delays in activating the service due to the Client's failure to comply with necessary obligations.

INTELLECTUAL PROPERTY AND PERSONAL DATA
The software is licensed for use. Monstain owns all intellectual property rights. Monstain grants a license to use the delivered Application for the duration of the agreement and subsequent renewals unless the service provision is terminated.
All developments, implementations, and/or customizations made by Monstain upon request will remain the property of Monstain. The content included or accessible through the logistica.monstain.com site and the service, in particular, any text, graphics, logos, names, trademarks, descriptions, features, images, sounds, data, photographs, and any other software, remain the exclusive property of Monstain or its partners and are protected by intellectual property rights according to applicable laws and regulations.
The content of the logistica.monstain.com site and the service cannot and must not be downloaded, copied, altered, modified, deleted, distributed, transmitted, sold, or exploited in whole or in part, in any way. Monstain has the right to use the User's trade name, logo, and/or other distinctive signs as a reference in its communication media.

CONFIDENTIALITY
Monstain considers all provided information confidential and subject to secrecy obligations and commits not to disclose or communicate any transmitted information. Monstain is authorized to communicate the aforementioned information to third parties, such as employees, consultants, strictly necessary for carrying out the activities.

RIGHT OF WITHDRAWAL
Pursuant to Legislative Decree no. 185/99, the Client has the right to withdraw from the contract within 10 days of service activation, by registered letter with acknowledgment of receipt or fax. Upon receipt of the aforementioned communication, Monstain will initiate the refund procedures.

TERMINATION
If the Client wishes to terminate the contract before its natural expiration, they are required to pay the price of the service provided for the current year. The termination notice must be sent to Monstain S.r.l. by registered letter with acknowledgment of receipt with at least 60 days' notice before the expiration date.

EXPRESS TERMINATION CLAUSE
Monstain S.r.l. reserves the right to terminate the contract pursuant to and for the purposes of Article 1456 of the Civil Code by written communication, by registered letter with acknowledgment of receipt, in cases of non-fulfillment of the contract obligations. Monstain's right to receive payments for the services used remains unaffected, in addition to compensation for damages.

COMPETENT COURT
For any dispute regarding the validity, interpretation, execution, or termination of the contract, the Court of Trento has exclusive jurisdiction.