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.
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).
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.
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.
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.
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.
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.
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.
a. Contract is on a year base and will be renew automatically at the end of the circle for another year.
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.
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.
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.
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.
As required by the Italian law, Art. 13, Legislative Decree 30 June 2003 n. 196
(Code regarding the protection of personal information)
Signing into the registration process, users voluntarily provide NIGIS S.r.l. (Hereinafter, "NIGIS"), their personal information. The personal data provided by users, through the registration process to our services, will be handled in compliance with personal data protection principles established by the Privacy Code (Legislative Decree no. 196/2003) and any other applicable rules.
Providing personal information is optional but failing to fill up the mandatory spaces (marked with *) will may prevent proper registration to the site and the ability to use the services provided by the portal and / or software, accessible to the registered users.
We collect information as follow:
• Navigation Data: the computer systems and the software procedures to run this web / software, acquire during their normal operation some personal data whose sharing is part of the use of Internet communication protocols. This type of information is not collected to identify the user but, because of the nature of the protocol internet use, if associated with third party data, can bring to the identification of the user. This category of data includes IP addresses or domain names use by users to connect to the site, URI (Uniform Resource Identifier), time of connection, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the response from the server (successful, error, etc..) and other parameters about the operating system and computer type.
Those data are only used for internal anonymous statistics about the website usage and to check its functioning. The data we gather may only be used by law enforcement in case of any cyber crime toward the website.
• Data provided voluntarily by users / visitors: When users / visitors connect to the website or use the software developed by NIGIS, any personal data and information acquired to access certain services or to make requests through e-mail, is only used by NIGIS to provide the service. The personal information provided by users / visitors are to be shared with third parties only to comply with the service requested from users / visitors.
• Information and data acquired from the service we provide: we may gather information on the way our services are used and how, for example, the user views, interacts with ads and our or partner products. This may include:
• Attributes such as the operating system, the hardware version, device
settings, names and types of files and software, signal and battery strength
and device id;
• Location of devices, including specific geographic locations through GPS,
Bluetooth or Wi-Fi;
• Type of access, name of your service provider or ISP, browser type,
language and time zone, mobile phone number and IP address.
The personal information collected by this registration are processed in order to allow access to the services provided by the portal / application / software and reserved to registered users only. In the event that the user has given authorization, at the time of service activation, and/or until revocation of the service, your personal data may be processed by NIGIS to send advertising and/or promotional products from our or other companies through out robots for direct or indirect sale purpose only, as well as sending out market research and surveys.
The personal information provided may be transferred to third parties by NIGIS in order to provide the needs and requirements to provide service to the user.
In addition, if the user consents thereto, personal data may also be processed by NIGIS to identify, even through electronic processing, specific behaviors and consumption habits in order to improve the services provided, to provide customers proper needs and to provide advertisement company the best fit with the customer.
We use the information we have to improve our advertising and monitoring systems in order to show the user, only the relevant ads inside and outside of our Services and monitoring the effectiveness, coverage of listings and services.
NIGIS has the right, as per Italian law, the ability to treat these data in aggregate form, in compliance with the rules prescribed by the Data Protection Commissioner and under the specific exemption from the consensus, established by the same authority, for analysis and electronic processing (example: categorized clients on interest, needs consumption, money spent, etc.) directed to monitor regularly the development and the economic performance of NIGIS activities, in order to orient its commercial processes, improve services, to built and to implement its commercial campaign.
NIGIS may also use the personal data for administrative, accounting and to enforce contracts obligation; for the same purposes, personal data will be made available to subsidiaries or associated companies limited to this business. The e-mail address is used, in accordance with art. 130, paragraph 4, of Legislative Decree no. 196/03, to direct sales of products or to advertise similar products that may be useful to the customer.
The personal data sent through the registration procedures, in our services, are covered by NIGIS with automated tools and for the time strictly necessary to achieve the purposes for which they were collected.
Specific security measures are taken by the data controller to prevent loss of data, illegal or incorrect use and unauthorized access.
Personal data are saved and stored in electronic databases owned by NIGIS S.r.l. (CF and P. IVA: 11380760014), data right holder, with office based in Torino (TO), Corso Duca degli Abruzzi no. 88, as well as stored in servers among the European Union (EU) and outside the EU, in compliance with the legislation on protection of personal data.
The personal data are processed by NIGIS through its representatives in charge of the site management and marketing activities. The data are protected by Stefano Nicotra (C.F: NCTSFN83B18A859L), headquartered at NIGIS, in San Mauro Torinese (TO), Corso Lombardia n. 79.
The user may at any time use the rights under Art. 7 of Legislative Decree no. 196/2003, including the right to access their data and to update or cancel them for violation of the law, to cancel the processing of data under the purpose of sending advertising material, direct sales, and commercial communications and request an updated list of Data Holders, by written notice to be sent to: NIGIS S.r.l. (CF and P. IVA: 11380760014), at Corso Duca degli Abruzzi no. 88. Torino (To), Italy.
NIGIS accept third-party ads on the site / software, in different forms such as, without limitation, banners, email campaigns, promotions, sponsorships. Due to the purpose of commercial and advertising information related to the area of interest reported by users, the data holder may offer to advertisers:
• the ability to optimize their advertising investment utilizing user profile in anonymous
and aggregate form;
• periodic reports about the results of advertising campaigns, providing information of
aggregated data to gather the access and the clicks done by user by tracking "cookies".
A cookie is a text file that is stored on computers, tablets, mobile phones and any device used to browse the Internet. It can track user navigation information and preferences. Some cookies can be used, as will be seen below, to make it easier to use and customize your experience on our web sites and software, allowing the user to be identified at the time of use of our website and the use of carts for the online purchases. Furthermore, cookie may also tell us which parts of our website/software is visited, supporting us to evaluate the effectiveness of advertising and to analyzing the user behavior to improve our communications as well as our offers. While browsing we may collect information about traffic flow and visits to the pages of our website and software. Any information gathered through cookies will be treated and stored safely. The use purposes of cookies is to personalize your access to the web / software site, optimizing navigation and the functionality of the site, improve our services and provide content and / or advertisements related to user preferences by analyzing the type of navigation. NIGIS S.r.l. (Hereinafter, "NIGIS") respect the provisions of the Code regarding the protection of personal data
("Data Protection Code"), as amended by Legislative Decree 28 May 2012, n. 69, in the transposition of European Directive (Direttiva Europea) 2009/136 / EC.
TYPES OF COOKIES
In our web sites, software and other online services we use the following cookies categories:
1. strictly necessary cookies
These cookies are essential for the proper functioning of our websites and / or software and to use and / or improve the different functions and services required.
Without those cookies it would be impossible to track and to handle, for example, private areas of the website such as the shopping cart for the online purchases, e-invoicing and the purchasing process.
2. Analysis Cookie (cd. Analytics cookie)
These cookies allow us to improve our websites and / or software monitoring and analyzing user behavior and creating their profiles in order to make improvements to our websites in order to make browsing easier. For example, the analysis cookies can help us to keep track of pages you frequently visit, your preferences, such products already shown in order to prevent them from being replicated, and to understand if the advertising on our site is effective or not; the type difficulties you may encounter while using the site.
Please note that Google comply to the principles contained in the agreement Safe Harbor privacy between the EU and United States establishing secure and shared rules in the treatment of personal data to companies on American soil. For more information on the Safe Harbor law see the Department of Commerce's web site.
Further information about the Google Analytics service and the procedures
to be followed, in order to disable cookies can be found at the following links: http://www.google.com/intl/en/analytics/privacyoverview.html https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
These data can not personally identify you: all collected data are anonymous
3. Advertising Cookie and type of advertising
These cookies are used by NIGIS to collect data about your browsing habits and preferences in order to develop a specific profile customizations for commercial offer, to carry out marketing research or remote selling.
In this paid online services, cookies, are a valuable tool to NIGIS to continuing the improvement of the product, features and the service offered to customers.
The user can chose to refuse the use of this category of cookies by using the opt-out instrument provided in the browser settings, or based on the following.
4. Third Party Cookies and Social media cookies
Our web site may allow the use of third-party cookies that may collect information on the user's movements on the Internet and, in particular, in the context of our web sites and software.
In addition, some pages on our web site are characterized by the presence of the so called social plugins, which allow you to share our content in social media networks. Third parties Cookies are not under our control and, therefore, for more information on the Third Party uses of cookies, we encourage to visit the Third Party's website.
At any time, the user can refuse to accept all or some of the cookies used on this site in the following ways.
Notwithstanding the foregoing, by disabling part of our cookies user will still be able to use certain parts of our websites, but some services may not be available.
The user can configure their own way whether to use our cookies for marketing purposes through the "Management Cookie Consent", at the bottom of this statement. The module "Management Cookie Consent" is not be available inside of SaaS services, where exclusively technical cookies are in use. The user choice to disable the use of our profiling cookies prevent the storage of additional cookies from us, while the previously installed cookies on the user's device continue to be in use. In case the user prefer to delete all cookies stored on device, can simply do this by selecting, on their browser, settings that allow you to reject them. Each browser has specific configuration instructions.
Further information on the steps to be taken to disable cookies, can be found on the website of the browser manufacturer.
Mozilla Firefox: http://support.mozilla.org/it/kb/Attivare%20e%20disattivare%20i%20cookie Internet Explorer:
http://windows.microsoft.com/it-it/windows7/block-enable-or-allow-cookies Apple Safari: http://support.apple.com/kb/PH5049
In order to disable the use of Google Analytics cookies only, the user can use the add-in made available by Google at the following link by following the opt-out procedure described by Google https://tools.google.com/dlpage/gaoptout ? hl = en
As noted above, the length of the cookies depends on their nature: the cookies expire when the user closes the browser. Persistent cookies have typical expiration dates that, unless special exception, do not exceed 20 years.