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Account: This is the personal account that the User has configured in order to use the App and the Services.
App: The TEXA CARe application/s for Smartphones developed and owned by TEXA, which can be downloaded from the Platform and through which Services are made available. The App also includes any updates, upgrades, and any modification or version of the App subsequently used or downloaded from the Platform.
BT Pin: The secret code of access to the TEXA CARe Product, necessary to connect the TEXA CARe Product to Smartphones and then activate the Product.
Conditions: These General Terms and Conditions of TEXA.
TEXA Content: The App, the InApp and subsequent updates, TEXA's proprietary content, as well as software created by TEXA and installed by the same on the Products and/or made available for installation on the Products and/or made available to the Authorized Installer (e.g. TEXA CARe Web Portal) for the provision of Services through the publication on the site www.texa.careor through the Platforms.
Access Data: The access data (e.g. TEXA CARe Product ID) through which the TEXA CARe Product installed on the Vehicle of an individual User is associated with the TEXA CARe Web Portal and the Authorized Installer that provides the Services to the User.
Vehicle Data: The data and information relating to the operation and use of the Vehicle such as geolocation, route tracking, speed, engine revolutions, braking, steering, acceleration and deceleration also following any impact, date and time
of detections, term of the insurance policy and expiry date according to Services provided by TEXA through the TEXA Content. Vehicle Data is generated by the Vehicle itself and transmitted by the TEXA CARe electronic device properly installed and configured in the Vehicle to the Smartphone of the User and to the Authorized Installer through the TEXA CARe Web Portal, for the provision of Services and are processed as provided for in the privacy notice made available to the User at the time of installation of the App, the InApp and subsequent updates. Vehicle Data will be viewable by the User through the Smartphone, the App, and by the Authorized Installer through previous access to the TEXA CARe Web Portal. The list of Vehicle Data made available by TEXA CARe can be consulted on the www.texa.care website or in the privacy notice made available to the User at each installation of the App, the InApp and subsequent updates.
User Data: The data and information (such as phone numbers, address, vehicle data, etc.) entered by the User in order to create his/her Account and/or anyway for the purposes of using the Services.
InApp: The content available through the App that allows the User to purchase Services or subscriptions and content additional to the content of the App,developed and owned by TEXA.
Authorized Installers: Authorized TEXA Installers that resell TEXA CARe Products.
Platform: Every online platform (currently Google Play Store and iTunes) on which the App and InApp are made available.
TEXA CARe Web Portal: The software owned by TEXA. By accessing the TEXA CARe Web Portal, the Authorized Installer can consult the Data of the Vehicle on which the TEXA CARe device has been properly installed and configured and to which the Authorized Installer is associated.
Product/s: The TEXA CARe electronic device manufactured by TEXA that, properly installed in the OBD diagnostic socket of the Vehicle and suitably configured, is able to transmit, upon connection with the Smartphone device of the User, certain Vehicle Data referred to the operation and use of the Vehicle. For the purposes of these Terms and Conditions, the term Product also designates any Product accessory to TEXA CARe that may be made available by TEXA.
Services: The services provided to the User by the TEXA CARe Product through the TEXA Content, including the SOS Service.
SOS Service: The optional and paid assistance and support service provided to the User driving the Vehicle by TEXA, or by another entity appointed by the latter, in the event of an accident and/or activation of the SOS signal.
Smartphone: The advanced mobile phone devices owned by and/or available to the User that are compatible with the TEXA CARe Product, running the AndroidTM operating system (version 4.0 or higher) or iOSTM (version 7.1 or higher), capable of data traffic and satellite location. The essential condition for the operation of the TEXA CARe product is the correct connection, via Bluetooth, of the Smartphone with TEXA CARe. The TEXA CARe Product is not compatible with all Smartphone devices on the market; before proceeding with the installation and configuration, the User is required to check compatibility and coverage on the www.texa.care site.
TEXA: TEXA S.p.a., with registered office in Monastier di Treviso (Italy) Via 1 Maggio 9 with VAT Registration Number, Tax Code and Company Register No. 02413550266, Certified Email: email@example.com
Activator User: The one who has first activated the Product.
User: Both the Activator User of the Service and other users who, with the authorization of the Activator User, by sharing the BT Pin, have available and/or use the Product through a connection with their Smartphones.
Vehicle: Car owned by and/or available to the User on which the Authorized Installer, upon specific request of the User, installs and configures the TEXA CARe Product. The TEXA CARe Product is not compatible with all vehicles in circulation; before proceeding with the installation and configuration of the Product, the User is required to verify compatibility and coverage at the www.texa.care site
2. Application Context
These Terms and Conditions apply:
a) To any order, purchase or other form of acquisition of the TEXA CARe Services and Services by the User.
b) To his/her Account and the creation of the same;
c) To the use and/or access to all TEXA CARe Products, App and related Services.
d) To the uploading, use and/or access of the User Data; and
e) To the uploading, use and/or access of Vehicle Data
With (i) the transmission of any order, the purchase or other form of acquisition of a TEXA CA Product, a Service or an App; (ii) the use of and/or the access to any Platform, Service or App; and (iii) the creation of an Account, You agree to these Terms and Conditions and are bound by them and to any changes and additions thereto.
3. How to make an order
TEXA offers its Products through Authorized Installers and Services through the same Authorized Installers or through TEXA Content and, in particular, the Apps that can be downloaded from the Platform, upon acceptance of these Terms and Conditions.
The Product is guaranteed against defects in manufacture and operation and defects in materials and components for 24 months from the date of configuration and activation of the same on the Vehicle. To this end, the effective date is the date of configuration and activation of the Product on the Vehicle by an Authorized Installer recorded on the TEXA CARe Web Portal. The Product should only be used as intended when it was built, any other use is considered improper and dangerous. TEXA cannot be held liable for any damage to persons or property arising from improper, erroneous or unreasonable uses. Any repair of the Product under warranty, within the prescribed term, may only be carried out by Authorized Installers. The warranty hereunder automatically expires in the event of: a) Installation and/or configuration and activation or repair of the Product by a subject other than the Authorized Installer; b) Use of the Product in a negligent, imprudent or inappropriate manner; c) Insufficient maintenance, wear and tear, accident caused by third parties, incorrect electrical installation, transformation, modification, tampering, incorrect assembly or disassembly, poor storage; e) Software, hardware, interfaces and any other component assembled and used with the Product, but not provided by the TEXA official sales support network; f) Use of the Product in an environment that does not fall within the values specified for the Product; g) Incorrect preparation or maintenance of the environment where the TEXA CARe Product is used. It is understood that the systems connected to the Product, including the App,
and in particular the software and programs installed on the Product, are complex systems. Technical checks on the software may not be sufficient and the software installed in the Product may necessarily require implementations and improvements over time. Such updates and adaptations of the software may in no case be considered as defects in the design or manufacturing of the Product.
5. Price and Payment
Some App, TEXA Content, and related Services may be offered free of charge while other Apps, TEXA Content and related Services may be charged. In any case, TEXA reserves the right to waive or suspend the free provision of such Services at any time, as well as to apply a payment on the use of previously freely granted TEXA Software, Services and/or Content. TEXA shall inform the User if a Service is to be paid in the future. In such case, the User may choose whether to continue using the Services for a fee or discontinue the use of the
6. Account and subscriptions
Account: Registration and Management In order to use the Services, you may be asked to create an Account. You agree and declare to provide true User Data at the time of subscription. It will be up to you to keep User Data up to date and to modify them promptly in
the event of changes. Products and Services are only intended to be accessible to Users who are at least 18 years old. By creating an Account, the User declares and guarantees to be at least 18 years old. It is not permitted to create an Account using the name of another individual, group, or entity without the consent of the same, or sell or transfer a profile or an Account. The User is responsible and liable for any activity that takes place on or through his/her Account. The User is also responsible for his/her username and related activities, and is required to keep the Account and its password confidential and to control access to his/her device or Smartphone. TEXA is not responsible for any loss resulting from unauthorized use of the User Account, whether the User is aware of it or not. To this end, the User undertakes to take all the precautions necessary to avoid access to the Account by a third party and undertakes to notify TEXAimmediately if he/she becomes aware of any access or use of the Services and/of User Data by a Third Party through the Account without the User's permission, or any other security breach. Subscriptions The Services may be offered following an order or subscription. If the User is in possession of a subscription, the Service shall be offered at regular intervals or continuously for the duration established at the time of subscription. Termination of Your Subscriptions and/or Accounts If Your subscription has a predefined duration, it will terminate automatically upon expiration of that period. If Your subscription has an automatic renewal, when receiving the renewal
notice You will be able to express Your intention to terminate Your subscription and any use of the Services shall be terminated. In the event of termination of the subscription, for any reason, or in case of uninstallation of the App with termination of the Services, the User may cancel the Account by contacting TEXA at www.texa.care and choosing "contact us ". TEXA also reserves the right to terminate the Account and/or Subscription at any time in accordance with the provisions of these Terms and Conditions. TEXA shall always try to inform you as much as possible about any imminent termination, but - in any case, unless you fail to comply with your subscription - will notify you at least thirty (30) days before your Account is terminated. Upon termination of his/her Account, the User shall not have access to any data, including User Data. The User shall have, under his/her own responsibility, to remove any User Data that he/she intends to retain before the termination is completed.
7. Use Rights
Subject to compliance with these Terms and Conditions, TEXA grants you permission to access and use the Services obtained through the App and/or the InApp. If the App or its Services are offered for payment, permission to access and use such paid Service shall be granted after the purchase and related payment are completed. For accessing the App and using the Product and Services, TEXA grants a license on TEXA Content. This license is limited, non-exclusive, inalienable and non-sublicenseable and the User may only use it for personal and noncommercial use. This license also does not include any right to resell the Product or the TEXA Content or make a derivative use of the TEXA Content and/or the Services; it does not include any right to obtain upgrades, updates, supplements, or any future technical support or assistance in relation to TEXA Services or Content, unless TEXA specifically indicated that obtaining them is an integral part of the Product and/or Services. All rights not expressly licensed under these Terms and Conditions remain with TEXA. If upgrades, updates or additions to the Services are obtained, their use shall be governed by these Terms and Conditions and may be subject to additional payments that will be notified to you. You will be required to accept them before TEXA provides you with the upgrade, update, or supplement. After the activation of the Product by the Activator User, it is possible to configure the TEXA CARe Product to activate additional Users up to a maximum of 5 (five) (including the Activator User) by the Activator User sharing the BT Pin with other Users. In case of simultaneous presence in the Vehicle of Multiple Users, the TEXA CARe Product will connect with the Smartphone that will
enable the connection first. The Activator User is exclusively responsible for the BT Pin associated with the TEXA CARe Product. The sharing of the BT Pin with other Smartphones and/or other Users to enable them to access the Services associated with TEXA
CARe is the sole responsibility of the Activator User, who will also be responsible of the use of the TEXA CARe Product, the Services, and any SOS Service associated with them by other Users.
8. Your Responsibilities and Obligations related to Use
All contents present or made available through the Services in the form of texts, graphics, logos, icons, images, digital downloads, data collections, software and, in general, all TEXA Content are the exclusive property of TEXA and are protected by the copyright law applicable at the time in Italy, and by international copyright and database laws. Limitations on Changing Products, Services Except as permitted by applicable law or expressly permitted by any technology or medium made available by TEXA through TEXA CARe Products and/or Services, it is forbidden to alter, deform or modify, nor to allow any person to alter, distort or modify TEXA Products, Services and Content or any part thereof (either obtained directly through TEXA or through an Authorized Installer) to analyze them by reverse engineering, decompile or disassemble TEXA Products, Services and Content, to produce other products derived from them or to violate or circumvent the encryption or allow third parties to act in the same way. Trademarks The TEXA brand, TEXA CARe, graphic material, logos, icon buttons, fonts and trademarks used for the Product, the Services, the App and in general for TEXA Content are trademarks and distinctive signs of exclusive ownership of TEXA ("TEXA Trademarks"). TEXA Trademarks cannot be used in any way in relation to products and/or services that are not by TEXA, so as to create confusion in the clientele or in any way that may disparage or discredit TEXA.
Reporting and refraining from undue use TEXA assumes no responsibility for monitoring the regular use of any Service provided. If you become aware of any undue use of the Services or Products, please report such misuse to TEXA by contacting it at www.texa.care and
choosing "contact us". By accessing TEXA Content or using the Services, as well as by uploading or using the User Data, you agree to refrain from any improper conduct that may include, but will not be limited to:
i. Promotional use and payments: Use of the Services or User Data for advertising, promoting, marketing and/or selling purposes, publication of invitations or other commercial content of any kind through the Services. You also agree to refrain from charging, directly or indirectly, any third party for the use of the Services and/or the User's Data or to accept payment by third parties for such purpose. You also agree to refrain from processing or duplicating the Services or User Data.
ii. Computer attacks: Carrying action on Services designed to evade, interfere with, interrupt, hurt, disable, overburden or limit the functionality of any software or hardware, telecommunication device, (security) technology, or services.
iii.Use in contravention of Road Rules: Use of TEXA Content and/or Services should not conflict with current road rules and safety laws.
iv. Any other illegal or undesirable use: Using the Services and User Data in anunlawful way or in violation of these Terms and Conditions. You also undertake not to violate any Code of Conduct or other guidelines that may apply to the Services and/or User Data.
9. Compatibility, configuration and connection of the Product
Compatibility of the Smartphone and the Vehicle The Product is not compatible with all Smartphones and Vehicles on the market. Before proceeding with the installation and configuration of the Product, you must verify that the Smartphone that will be connected to the Product and the Vehicle is compatible with the Product itself. The User can check the compatibility of the Smartphone and the Vehicle at www.texa.care. The type of Vehicle Data that is transmitted by the Product and made available and/or viewable by the User via the App and/or the Authorized Installer via the TEXA CARe Web Portal may vary depending on the model and type of the Vehicle. It is therefore possible that some Vehicle Data and Services are not available as they are not detectable and/or transmittable by the Vehicle in which
the Product has been installed. Compatibility of the Product with the warranty terms of the Vehicle The User is under an obligation to verify the terms and conditions of the warranty of the Vehicle to ensure that the Product connected to the OBD socket does not invalidate or compromise the Vehicle warranty terms. TEXA is not responsible for any costs or expenses associated with Vehicle repair and/or with the termination of the warranty right. Installation and Configuration of the Products For proper operation, the TEXA CARe Products and the Services must be installed and configured by an Authorized Installer. The incorrect and/or incomplete installation and/or configuration may imply the incorrect functioning of the Products and/or the Services. Some features of the Products and Services depend on the correct operation of the Smartphones to which the Products are connected. In particular, Smartphones must be equipped with a tariff plan that includes data traffic. In addition, data traffic and satellite localization must be enabled. The proper operation of the TEXA CARe Products and the Services is not guaranteed in case of missing or insufficient network coverage or connection of the Smartphone to the network. The User must verify with the service provider the tariffs related to the data traffic generated by TEXA CARE. The User acknowledges that the installation and configuration of the TEXA CARe Products on his/her Smartphone and the provision of the Services may entail TEXA's access to the geo-location data of the Smartphone, as long as that such access is necessary for the provision of the Services. The processing of such data will be in accordance with the TEXA CARe Privacy Notice or the privacy information from time to time made available to the User when installing the App, the InApp and subsequent updates. Connection of the Product to the Smartphone An essential condition for the proper operation of the TEXA CARe Products and the Services is the correct connection, via Bluetooth, of the Smartphone with the Product and the installation of the App in the Smartphone. In particular, the TEXA CARe device will be able to transmit the Vehicle Data to the TEXA CARe Web Portal exclusively when connected to the Smartphone and when the User
has activated the App on the Smartphone. The Services cannot be available when: i) The Product is disconnected and/or the Smartphone is turned off or broken or with a low battery; ii) The User has not properly installed the App on the Smartphone, or the App is not working; iii) The Product and the Smartphone are not connected via Bluetooth; iv) There is a lack of GPS signal; v) The Smartphone does not receive any signal; vi) Any malfunction of the Smartphone and/or the Product and/or the App and/or the Platform has occurred. During the release of updates to the AndroidTM or iOSTM operating system and/or the release of updates of the electronic systems of the Vehicles, there may be problems in the connection with the Smartphone and/or the operation of the App and/or the Product. In such a case, the Services may be temporarily suspended and/or interrupted and/or limited without this being considered a defect or malfunction in the Product and/or in the TEXA CARe Web Portal and/or in the App and/or in its programs. TEXA shall act to restore the proper operation of the Product and/or the App. There may also be connection problems with the Smartphone and/or with the operation of the App and/or the Product for the presence of applications in the Smartphone (e.g. antivirus) that may alter the Product's configurations and
functionality. In such a case, the Services may be temporarily suspended and/or interrupted and/or limited without this being considered a defect or a malfunction in the Product and/or in the TEXA CARe Web Portal and/ or in the App and/or in the related programs.
If the User uninstalls or deactivates the App, or the same does not work, or in the cases referred to above, if the Smartphone and the TEXA CARe Product are not connected, the Vehicle Data will not be made available on the App and on the TEXA CARe Web Portal and the Services may only be provided to the User when the connection between the Smartphone and TEXA CARe is reactivated, or when the App is reactivated.
10. The Services. Exemption from liability and conditions for proper use
of the Services
"Data Access Services" made available to the User through the Smartphone. These are the Services that allow the User to access the Vehicle Data on the Smartphone properly installed, configured and connected to the TEXA CARe Product.
Such Services may vary over time and may be temporarily suspended and/or interrupted and/or limited without this being considered a defect or malfunction in the Product and/or in the TEXA CARe Web Portal and/or in the App and/or in the related programs.
TEXA is not responsible for the correctness, reliability and/or completeness of the data whose transmission and display is carried out by the Product. The Product does not generate any data, but only transmits data generated by the Vehicle to the Smartphone of the User and/or to the TEXA CARe Web Portal from the Authorized Installer. For technical reasons related to the operation of the electronic system of the Vehicle, the User acknowledges and agrees that certain data and events generated by the Vehicle itself are not transmitted and/
or cannot be accessed through the App and/or the TEXA CARe Web Portal without this being considered a defect or malfunction in the Product and/or in the TEXA CARe Web Portal and/or in the App and/or in the related programs. The installation of the Product does not relieve the User from the need to verify the proper operation of the Vehicle both prior to driving and during driving and to carry out the necessary checks in any event of malfunction of the Vehicle and/or respecting the intervals indicated by the manufacturer, also in the
absence of indications from the Product, the App and/or in general the TEXA Content.
"Diagnostic Services" made available through the TEXA CARe Web Portal These are the Services made available through the TEXA CARe Web Portal that allow the Authorized Installer associated with the TEXA CARe Product installed on the Vehicle to access the Vehicle Data necessary for the provision of Vehicle diagnosis services. In particular, the use of the TEXA CARe Web Portal allows the Authorized Installer to access certain Vehicle Data in real time and to make available to the User the services relating to the state of use and operation of the Vehicle on which the Product has been successfully installed, configured, and connected. Such services may vary over time and may be temporarily suspended and/or
interrupted and/or limited without this being considered a defect or malfunction in the TEXA CARe Web Portal, in the App, and/or, in general, in the TEXA Content. TEXA disclaims any liability with respect to the failure or malfunction of the TEXA CARe Web Portal, the telephone connection or the connection to the Internet. TEXA disclaims any liability arising from the use of the information provided by the TEXA CARe Web Site by the Authorized Installer and in relation to their reliability and/or completeness. The User is also aware that such data and information may not be exhaustive and should be used to supplement the professional knowledge of the Authorized Installer.
"Scheduled intervals Management Services"
The User may access and/or insert into the App data, information and content of various nature and origin, such as, but not limited to, scheduled maintenance, periodic overhauls, road tax, insurance expiry dates, etc. from time to time made available by TEXA through the App, the InApp and subsequent updates. TEXA is not responsible for the correctness and completeness of such data entered by the Authorized Installer and/or the User and/or originating from the Product.
The SOS Service may be activated by the User by a subscription purchase. The SOS Service operates according to the guidelines contained in the document "Contract Terms and Conditions of Use of the SOS Service". When activating the SOS Service, the User who activates the SOS Service will be required to read and agree to the SOS Service Terms and Conditions available upon the activation of the SOS Service. The SOS Service will be provided in accordance with the "Contract Terms and Conditions of Use of the SOS
Service". By using the SOS Service made available through the App, the User accepts the "Contract Terms and Conditions of Use of the SOS Service" and is bound by the same and by each related amendment and addition. If present on the Product, as activated by the SOS Service Activator User, the SOS Service will be provided to the Users in accordance with the terms and conditions contained in the document "Contract Terms and Conditions of Use of the SOS Service". By accepting these Terms and Conditions, the Users undertake to use the SOS Service, if any, in accordance with the provisions contained in the document "Contract Terms and Conditions of Use of the SOS Service".
The User may activate additional services that will be made available by TEXA by means of the App, the InApp and subsequent updates.
11. Telephone Connectivity and Territory
It should be noted that the costs of telephone and/or data connectivity are not included and are and will be borne by the User. In particular, the costs of connectivity and/or voice traffic for the use of the APP and the Services will derive from telephone and/or data traffic generated by the use of the same - also in connection to any roaming services - and for them the telephone and/orinternet provider will charge according to the User's tariff plan. In any case, connection costs will be paid to the relevant telephone and/or internet provider, without any intermediation or additional costs from TEXA. TEXA is in no way responsible for the above mentioned connection costs, nor for the provision and operation of voice and/or data connectivity services. The App, the InApp, the TEXA CARe Web Portal and any other TEXA Content, regardless of the nationality of the User or the telephone operator, operate exclusively in the Italian territory (including San Marino and Vatican City) and the Services are only available within the same territory.
12. Termination and modification of the Authorized Installer
Termination of the Authorized Installer
If the Authorized Installer associated with the TEXA CARe device installed on the Vehicle terminates its activity or, for whatever reason, ceases to be an Authorized TEXA Installer, TEXA will notify the User by means of notification directly on the App by indicating some Authorized Installers that the User may contact for the continued provision of the Services connected to the User's TEXA CARe. The full list of Authorized Installers is also available at www.texa.care. Following the termination of the Authorized Installer, if the User intends to maintain the use of the Services, the User must contact directly an Authorized Installer by providing the latter with the Access Data required to associate the Authorized Installer to the Product installed on the User's Vehicle. In such a case, TEXA will send the User a confirmation email at the address indicated in the User Data, confirming the Authorized Installer to which the User Data is provided.
Change of the Authorized Installer
Except as provided for in the event of termination of the Authorized Installer, if the User no longer intends to use the Authorized Installer connected to the Vehicle Access Data, the User may contact any Authorized Installer among those indicated on the site www.texa.care. In such case, the User must directly contact the new Authorized Installer by providing the latter with the Access Data required to associate the Authorized Installer with the Product installed on the User's Vehicle. In such case, TEXA will send the User an email to the address
indicated in the User Data, confirming the Authorized Installer to which the User Data is provided.
13. Rights of TEXA
Communications and information
By creating an Account, you agree that TEXA may communicate with You in a digital form and that certain information about your use of the Services, Apps, TEXA Content and/or User Data may be shared with TEXA and/or with the Authorized Installer specified by you in the configuration.
Termination and modification
TEXA will periodically communicate to you the need for updates or upgrades to the Products and/or Content TEXA and/or the Services.
TEXA reserves the right, with or without prior notice, to interrupt, limit, modify, update, upgrade and integrate the Services, the TEXACare Products and/or the TEXA Content provided to you or made available to you through the use of a TEXA CARe Product (both obtained through TEXA, an Authorized Installer and/or a Platform). TEXA reserves the right to modify the prices of the Services (both purchased
as a single order and as a subscription), subject to reasonable notice of such modification (by email, TEXA Websites, Services, Apps or otherwise). If this change involves higher prices or is otherwise to your disadvantage (but not when the higher prices derive from higher taxes or government fees), you may cancel your subscription by the date in which such change takes effect or before paying the higher price, by accessing the App or the InApp and notifying your non-acceptance and/or not confirming the payment request at the higher price.
TEXA Content and User Data
TEXA may, at its sole discretion, collect and process User Data usage statistics to improve its Products, Services and/or Apps, provided that you have given the necessary consent. With respect to User Data, you authorize TEXA to transmit User Data to third parties for the purposes of providing the Services.
14. Termination and limitations in the event of an infringement by you
TEXA reserves the right, at its sole discretion and without prejudice to any other right, without the need for any notice of violation and without any liability to you or to any other party, to terminate immediately the User Account and/or the subscriptions, to delete the User Profile and User Content and/or the User Data, and to limit, in whole or in part, the use of the Account, the Services, and the
Apps by the User, ifi. The User does not comply with or violate any material provision of these Terms and Conditions ii. Failed payment of the Services and/or the Subscriptions, where these are subject to a charge. In such case, the User is required to return the Products to the Authorized Installer or to destroy and delete all copies of the Software and TEXA Content in the User's possession. Upon termination, the licenses and rights, as granted to the User by TEXA, will also simultaneously cease.
15. Limitation of Liability
To the maximum extent of the applicable law, TEXA, its suppliers, subcontractors, affiliates, officers, administrators, employees and agents shall not be liable to the User or to third parties for any direct, special, incidental, indirect or consequential damages (including, but not limited to, damages due to the inability to use or access the Products, loss of data, of assets, of profits, business interruptions or similar damages) deriving from or relating to the following:
i. The use, or the inability to use or access, or otherwise to operate a Product or a
ii. Any fraudulent statement by the Users of the Services; or
iii.Any breach of these Terms and Conditions; or
iv. Any breach of law or third party rights.
Having regard to the foregoing, if TEXA is liable to the User for any damages in any way connected with the use (or inability to use) of the User and/or the access or otherwise the operation of a Product or a Service, TEXA's liability for a paid Product, Service or App is limited to the amount actually paid by the User for the Product or Service concerned. Such limitation of liability is without prejudice to the User's rights under the applicable compulsory national law. For more information on rights under applicable compulsory national legislation, the User may contact the National Consumer Association of the Country of the User or the relevant national authority.
The User agrees to indemnify, defend and hold TEXA, its affiliates, officials, administrators, employees, agents, licensors and suppliers harmless from any claim, loss, liability, expense, damages and cost, including, but not limited to, legal fees deriving from or related in any way to the use and/or conduct of the User related to a Product or a Service or any violation of these Terms and Conditions, laws or third party rights.
17. Force Majeure
The term Force Majeure indicates circumstances that prevent TEXA's compliance with these Terms and Conditions, which are beyond the reasonable control of TEXA, including TEXA's postponed and/or delayed and incomplete deliveries and lack of availability, temporary or partial, of your Account, the Services, the App, TEXA Content and/or the User Data, caused by circumstances beyond the reasonable control of TEXA. In the event of a force majeure, all TEXA obligations will be suspended. If the period during which TEXA cannot meet its obligations due to force majeure extends for more than ninety (90) calendar days, both parties will have the right to terminate the
purchase contract in writing and TEXA will have the right to terminate the Service Agreement, without any liability for any resulting or consequential damages.
TEXA reserves the right to make changes or additions to these Terms and Conditions at any time. You can consult TEXA's Web site for the latest version of these Terms and Conditions. Please consult TEXA's web site regularly.
19. Integral Agreement
These Terms and Conditions (including any annex or modification to the same contained in the package included with the Product) and any other conditions, where applicable, constitute an integral agreement between you and TEXA, regarding the Products, including any Support Services, Services, Apps and/or User Data. To the extent that the terms of any TEXA policy or service program conflict with these Terms and Conditions, these Terms and Conditions shall apply. If a provision of these Terms is considered null, void, not applicable or
unlawful, the other provisions shall continue to be fully valid and effective.
20. Applicable Law and Jurisdiction
These Terms and Conditions and any disputes that may arise from them, shall be subject to the Italian Law. The United Nations Convention on Contracts of International Sale of Goods shall not apply to these Terms and Conditions. The Court of Treviso (Italy) shall have the exclusive jurisdiction for settling any dispute or claim arising from or related to the Terms and Conditions (including any non-contractual dispute or claim).
The Italian version of these Terms shall prevail. Any translation is provided for purposes of convenience only.
22. Questions and complaints
If you have any questions, suggestions or complaints regarding these Termsand Conditions or if you intend to contact TEXA for any reason, please contact TEXA via the www.texa.care page and select the "contact us" option. TEXA will carefully take note of your email, will examine each complaint as soon as possible and will send you an answer. In the cases provided for by Legislative Decree no. 21, in relation to distance contracts or negotiated out of business premises, the Activator User will be entitled to withdraw from the contract by
registered letter with return receipt or certified email sent to the Authorized Installer and for information to TEXA not later than 14 (fourteen) days from the acceptance of these Terms and Conditions.
I have read and agree to the above Terms and Conditions.
The User hereby declares to specifically approve, also pursuant to Article 1341
of the Italian Civil Code, the following clauses:
Art. 10. (The Services. Disclaimer of Liability and Conditions for the proper use
of the Services)
Art. 12. (Termination and change of the Authorized Installer)
Art. 13. (TEXA Rights. Termination and Modification)
Art. 14. (Termination and limitations in the event of Your infringement)
Art. 15. (Limitation of Liability)
Art. 20. (Applicable law and Jurisdiction)