Terms and conditions

This agreement between You and aGesic srl establishes the conditions under which you may use the Service aGesic. If you want to adhere to these conditions, click on the button “procedi”. If you don’t want to adhere to these conditions, don’t click on the button “procedi”. You are aware that your electronic acceptance constitutes your permission and your intention to be bound to that contract. Your permission and your intention to be bound by the electronic acceptance apply to all data relating to the tasks carried out in relation to the Service. To have access to and to retain your electronic records, you may be asked to have certain hardware and software, that are under your liability and whose proper working is independent from aGesic srl. The agreement is considered performed the moment in which you press the button “procedi”.

Definitions

  • aGesic srl: aGesic srl, with registered office in Rieti, via M. Lionello Matteucci 82. aGesic srl is the one and the legitimate owner of the Service, of the software linked to it and of all related exploitation rights.
  • General Conditions: Service General Conditions.
  • Registration Data: needed data for the registration and needed during the Service use.
  • Service: the service aGesic, enjoyed through the control panel and the mobile app. aGesic is designed by aGesic srl only to support and to improve people safety management, people who live alone, with the presence of potential dangers for the personal security. This is done by sending “alert” messages that point out the danger. The Service use also allows to track paths and to geolocate the position of people who have the app on the smartphone, connected to the control panel. All these information (alert message, geolocation, path tracking) provide a better organization of the actions that follow. Any action other than is completely unrelated to aGesic srl intention and policy and, for this reason, the company has no liability.
  • User: all registered people who use the aGesic service through the control panel and all people who use the service through the mobile app on the smartphone.

I. GENERAL PROVISIONS

  • In order to these Service General Terms, the term “User/s” is referred to all registered people who use the aGesic service through the control panel and all people who use the service through the mobile app on the smartphone.
  • The aGesic service, used through the control panel and the mobile app (the “Service”), is governed by these Service General Terms (“General Terms”), which are accepted by the user with the service use.
  • Definitions, premises and any other acts, linked to the General Terms, are integral and substantial part of this agreement.

aGesic srl, with registered office in Rieti, via M. Lionello Matteucci 82. aGesic srl is the one and the legitimate owner of the Service, of the software linked to it and of all related exploitation rights.

  • The user takes the service use under his complete liability. aGesic srl offers no guarantees about the accuracy and the reliability of the data contained in the Service, neither it offers no guarantees about the results obtained thanks to the Service. The service quality of aGesic srl rendered by aGesic is linked to the correct functioning of the hardware devices used, internet connection, phone network and all the single components of the mobile equipment used, like: GPS system, accelerometer, etc. which not depend on aGesic srl work. The user also assumes all liabilities for any misuse that may cause damage to themselves or third parties, indemnifying aGesic srl.
  • aGesic srl can still adjust unilaterally, at any time, these rules through notices published on the Net. In this case, aGesic srl will highlight to the user/s any changes with messages on the homepage of the website, so that the user can see them before accessing the service. The subsequent use of the service by the user will constitute the acceptance by the same of the General Terms including the changes or updates in question.
  • aGesic is designed by aGesic srl only to support and to improve people safety management, to support people who live alone, with the presence of potential dangers for the personal security. This is done by sending “alert” messages that point out the danger. The Service use also allows to track paths and to geolocate the position of people who have the app on the smartphone, connected to the control panel. All these information (alert message, geolocation, path tracking) provide a better organization of the actions that follow. Any action other than is completely unrelated to aGesic srl intention and policy and, for this reason, the company has no liability.
  • aGesic offers support to the people safety, however the responsibilities correlated to safety on the job remain in charge to the acquiring company.
  • aGesic srl reserves the right to modify, suspend or interrupt the service even without notice if it becomes aware of the distorted and fraudulent use of the same.
  • aGesic srl does not guarantee anything about: i) the veracity of the data provided at the time of registration necessary to use the service; the identity, the legal capacity, the seriousness of intentions, the service use and other users’ characteristics.

RULES AND REQUIREMENTS TO USE aGesic

  • The service use is allowed only to the individuals over the majority age in their proper country.
  • The service use requires a certain equipment, an Internet access and certain software (fees may apply), and it might require regular updating; the service may depend on these elements which are not related to the service or to aGesic srl. You agree that your liability is to satisfy the system requirements, which could change from time to time. . It is recommended to check the compatibility requirements set out in thetechnical document. The service is part of another product or offer, buying or obtaining another product may not guarantee the access to the service
  • aGesic srl, through aGesic offers a service aimed at the better management of the safety of people who perform on their own any type of activity, working and not.
  • You agree to provide the required information, accurately and fully, for the registration and during the service use, and you further agree to maintain and upload your registration data, to keep them accurate and complete. You agree that aGesic srl could maintain and use your registration data that you have provided, to maintain your account updated and charge the costs to your account, under the specified conditions in theinformation on the privacy policy..
  • ⦁ To use the service, you need:
    • To proceed with the registration through the website www.agesic.com providing the data and information required during the registration. NB: the service is not available to the individuals who are not over the majority age in their proper country; the veracity of data provided during the registration is under the liability of those who registered.
    • To have a pc, tablet or smartphone to view the control panel with the system requirements: browser to surf in the net, internet access through wi-fi system or 3g HSDPA for smartphone or tablet.
    • To have a smartphone with Android system and with internet access. NB: aGesic requires an ongoing internet access through wi-fi or 3g HSDPA or 4g LTE;
    • To download in the smartphone the app aGesic that you can find on the website www.agesic.com or on the android store “Google Play” or on the iOS store “App store”;
    • To enter in the control panel the authentication data released during the registration;
    • To set up the app on the mobile device (smartphone);
    • To provide the payment for the service;
  • The service use is strictly personal, and it must be exercised within the terms set out in these General Terms. You should not disclose your account information to anyone except for the purposes of using aGesic Business. You are the one responsible to maintain the confidentiality and security of your account and for all activities that take place on your account or through it, and you agree to inform immediately aGesic srl of any kind of violation in your account security. aGesic srl has not the liability for losses arising from improper use of your account. The user recognizes that the entire service content - including text, software, music, sounds, photographs, videos, graphics, and other - are protected by copyright, trademarks, service marks, patents, or other property rights and specific legal provisions. The user has only the right to use the service content as expressly authorized by the service itself. The user cannot in any way disseminate or reproduce what is contained in the service or use it in a different way as authorized by the service, unless expressly authorised by the service itself or by aGesic srl. The user agrees not to dissemble or perform any study work of the service software for any reason, or allow any third part to do it.
  • You give the consent not to access the service by other methods than the use of the service provided by aGesic srl. You agree not to modify in any way the software, for any reason including to obtain a non-authorized access to the service. You shall not to attempt to access to an account without authorization. The violation of the system or of the security may involve civil or criminal liability.
  • You agree to use the Business Service to lawful and permitted purposes, indemnifying aGesic srl from every illegitimate use, contrary to the law and not authorized according to the rules in force.

RULES FOR THE USERS

  • The service use is allowed after the conclusion of the online registration, clicking on the button “procedi con abbonamento” or on the button “procedi con il piano free”. At the end of the registration, the user will receive and email on his mailbox with the information for the login to the control panel, by which activate the app.
  • The user must provide to aGesic srl all the personal data required by the service, also undertaking to keep them up-to-date and verifying their veracity, and precision. All the information provided during the registration phase will be included in the registration data (“Dati di Registrazione”). All the user’s registration data will be processed and used by aGesic srl in compliance with the privacy and security rules according to the law, as indicated in the Privacy Policy.
  • The user agrees to not to tamper with the service, directly or through third part. aGesic srl could not be considered responsible for the content or for the unlawful, illegitimate, false and inaccurate use of the data given by the user and, for this reason, the user agrees to maintain free and indemnifying aGesic srl from every requirement.
  • aGesic srl is not liable for any damages, possible malfunctions of aGesic or for fraudulent, illegal and illegitimate purposes of the service rendered by the same application, it being understood from now on that the liability for the unlawful and fraudulent use is solely a user liability. aGesic srl has no liability for events that occur, causing harm to people even if they have downloaded the software aGesic that should be designed only as an aid, support to improve safety management. By accepting these terms and conditions, the user agrees the disclaimer and indemnity of any liability of aGesic srl.
  • The user also undertakes not to use the data collected through the service, such as, indicatively and not exhaustively, the geolocation, the tracking of the individuals paths, for defamatory, slanderous, blackmail, disciplinary purposes, or otherwise detrimental to the rights of others assuming full and total liability for the conduct carried out, leaving, with the acceptance of this contract, aGesic srl harmless for what has been said and for any other unlawful and fraudulent use. Furthermore, the user agrees not to use the service in such a way as to infringe intellectual or industrial property rights of aGesic or third parties.
  • The user agrees to observe all network rules, guidelines and procedures linked to the service as well as internet rules, guidelines and procedures. The user undertakes not to disseminate material that encourages criminal actions, or that could lead to a civil liability, or infringe local, statal, national or international rules or guidelines.
  • The user takes note and agrees that the service use is reserved both to private subjects (free version) and to subjects who use it for entrepreneurial and professional purposes, possibly carried out by them.
  • If the user defaults on one of the obligations described above, or if the conduct does not comply with the provisions, aGesic srl has the right to interrupt or suspend the service, as well as refuse any future request by the user to use the same.
  • If an improve use of the software is reported to aGesic, that is different from its purpose, once verified the alert, the immediate suspension of the service will take place with the report to the competent authority. In any case, aGesic srl will not have the liability of direct or indirect damage caused to third parties by a fraudulent use of the service.
  • The user agrees to maintain harmless aGesic srl, subsidiaries and associated companies, employees and partners, from any request or dispute, including any costs or charges, including legal fees, brought by third parties in relation to the software use by the user, to the violation by the user of the general terms, to the violation by the user of any kind of intellectual property or other individuals’ rights.
  • The user can stop using the service and withdraw from the contract at any time delating the app from the smartphone.
  • The relation between aGesic srl and the users are governed by the Italian law, under which also these General Terms are regulated. Without prejudice to the provisions of the law not derogated, the court of Rieti will have exclusive jurisdiction to settle any dispute concerning these General Terms and the relations of the same.
  • These General Terms have been drawn up and prepared in compliance with and against the provisions contained in the D.lgs. 206/2005 (Codice del Consumo) and in the L. 40/2007 (Misure urgenti per la tutela dei consumatori, la promozione della concorrenza, lo sviluppo di attività economiche e la nscita di nuove imprese); these are of general nature and may be subject to amendments made necessary by subsequent provisions of law and/or regulations.

COSTS AND SERVICES

  • The website use is free. However, to use the service, the user must sign up on it.

    With registration, the user must choose, based on his needs, the version for his interests. The service payment is made after the choice, in fact:

    • Free Version: after the user signs up on the website, he must download from the Google or Apple store, the mobile app on the smartphone. The free version is free. However, the cost can change from time to time. For this reason, the app cost is linked to the specific store. If the user knows a free aGesic through Google or iOS store, he can download the mobile app directly and, through this, sign up.
    • According to the Business Version: the registration is possible only on the website. During this passage, the user will choose the number of the devices in which instal the app and, relating to the choice, he will pay the amount of the service. The cost is available during the registration process.

  • Once registered for the service aGesic Business, the user will receive a username and a password for the login in the mail indicated during the registration and he will use freely the software for one month; after that, the user will have to pay the annual subscription with a credit card, a postal order or a bank transfer. aGesic srl, after the positive response of the payment, will allow the user to use the service for one year. At contrary, the service will be stopped immediately.

Information pursuant to the Code on the protection of personal data

(To the sense and under the effect of the art.13 of the Regulation UE n. 2016/679)

Please refer to the information on the processing of the Privacy Policy, whose reading and acceptance is an integral part of the terms and conditions here specified.

OTHER INFORMATION ABOUT COOKIES AND BROWSER