TERMS AND CONDITIONS OF USE AND LICENSE PURCHASE

1.1. In this contract, the following expressions have the meanings attributed to them below:

a) Software: an organized and structured set of instructions in any form or on any medium capable, directly or indirectly, of having a particular result performed or obtained by means of an electronic information processing system, which, for the purposes of this contract, is the software named Easy Restaurant;

b) Source Code: consists of the text of the program's algorithm written in a programming language;

c) Services: set of services made available through the Software;

d) Licensee: person or entity that purchases the license for the use of the Software for purposes related to their professional or commercial activity.

2.1. These terms and conditions indicate, in clear and easy-to-understand language, the terms and conditions to be applied to the purchase of the license to use the Software and the use of the Website https://easyrestaurant.org/ and the Software.

2.2. Before creating their account, purchasing the license to use the Software, and using the Services, users are invited to read these terms and conditions carefully.

2.3. By creating their personal account as well as by purchasing and using the license to use the Software, the user declares to have read and expressly accepted these terms and conditions. In any case, such behaviors by the user imply silent acceptance of the terms and conditions and subsequent updates.

2.4. The Provider reserves the right to modify, unilaterally and at any time, the terms and conditions, communicating the modifications made to users.

2.5. This communication can be made, at the discretion of the Provider, by e-mail to the address entered by the user at the time of creating their account, a notice viewable through the Website or by any means that guarantees the knowability of the communication itself. Users are required to periodically check for any changes made to these conditions.

3.1. With the conclusion of the contract in the manner referred to in art. 5, the Licensor grants the Licensee a non-exclusive, non-transferable license to use the Software.

3.2. The license is intended to be granted solely for the use of the Software under the conditions provided and according to the methods indicated in these terms and conditions.

3.3. There are three different offers (BASE, PREMIUM, ENTERPRISE), valid on a monthly or annual basis, at the cost indicated on the Website. Each offer provides specific services on a sliding scale.

4.1. The license subject to this contract is non-transferable; the Licensee, therefore, undertakes not to assign or transfer this license to third parties, nor the rights and obligations arising from it.

4.2. The Licensee does not have the power to grant sublicenses for use relating to the Software or to allow its use for a fee or free of charge to third parties who are not parties to this contract.

5.1. The contractual relationship is concluded exclusively through the internet where, following the procedures indicated, the user will formalize the "online purchase contract".

5.2. The procedure for purchasing the license for use ends with payment, which can be made by:

* STRIPE

5.3. All communications related to payments take place via Secure Sockets Layer (SSL) technology to protect the security of your credit card data.

5.4. Credit card data forwarded on websites and applications are saved and processed by Stripe, who have consented by contract to comply with all rules, standard regulations, or guidelines adopted or required by credit card payment brands or by the Payment Card Industry Security Standards Council in relation to privacy, data security, as well as safeguarding, disclosure, and management of data relating to payment instruments.

These standards include, without limitation, Payment Card Industry Data Security Standards, Cardholder Information Security Program Visa, Information Security & Compliance Program Discover, Data Security Operating Policy American Express, Site Data Protection Program MasterCard, Payment Application Best Practices Visa, Payment Card Industry’s Payment Application Data Security Standard, POS Terminal Security program MasterCard and the Payment Card Industry PIN Transmission Security program, in each case where periodically modified.

7.1. The license will enter into force from the date of conclusion of the contract as indicated in art. 5 and will have a monthly or annual duration.

7.2. This license will automatically renew at the end of the one (1) month or one (1) year period for a period of an additional one (1) month or one (1) year, unless the Licensee decides to not renew the contract itself using the platform integrated on the website before the license expiration date.

8.1. The Provider is the exclusive owner of the contents of the Website and Software, including, by way of example and not exhaustive, the content of the services, the architecture of the site, the source codes, the texts, the documents, the images, the logos, the photographs, the page layout, the design, the know-how and the graphical interfaces.

8.2. The Licensee cannot therefore use, copy, reproduce, distribute, publish or in any way exploit any feature, functionality, tool, trademark or content of the site, in any form or by any means, except as expressly provided for by these terms and conditions.

8.3. No content on the Website can be considered or interpreted as licensed or as the subject of any other right of use by users and/or third parties.

8.4. The license for use of the Software does not grant any right to the Licensee on the Source Code, which remains the exclusive property of the Licensor. The techniques, algorithms and know-how contained in the Software and in the attached documentation constitute information subject to intellectual property rights attributed exclusively to the Licensor, therefore they cannot be used by the Licensee for purposes other than those indicated in this contract.

9.1. The Licensor undertakes to grant a license for use to the Licensee for software that fully corresponds to the use for which it was conceived. This contract does not grant the Licensee any exclusive right.

9.2. The Licensor also undertakes to guarantee the continuity and an adequate quality level of the functions and services connected to the Software.

9.3. The Licensor cannot be held responsible for the interruption or delays in the execution of services outside its sphere of control. The Licensor may be forced to suspend services to perform or entrust third parties with scheduled maintenance work or in case of technical emergencies. In order to pursue greater efficiency in the relationship between the parties, the Licensor may use third parties and/or individual external resources for the realization of the Services.

9.4. The Licensor may freely modify the technical infrastructure of the Software as long as the modification does not involve a limitation of the Services offered by the Licensor.

10.1. The Licensee undertakes to keep with the utmost care and confidentiality the information and documentation inherent to the Software as well as passwords and access codes.

10.2. The Licensee is solely responsible for access to the Software and use of the Services only by specifically authorized subjects. The Licensee is also responsible for the information and personal data entered and processed through the Software.

11.1. The Licensor solely guarantees that the Software is capable of performing the operations provided for and illustrated on the Website. The guarantee is conditional on the correct use of the system by the Licensee.

11.2. In no case shall the Licensor be liable for damages, including by way of example but not exhaustive, business interruption, loss of stored information, damage from loss of profit, deriving from the use of the software or from hacker attacks.

11.3. The Parties cannot be held responsible for the failure to fulfill one of the obligations provided for in this contract if the cause depends on an event of force majeure, which by its nature is unpredictable and unavoidable.

13.1. The relationship between the Provider and the Licensee is regulated by Italian law.

13.2. In case of disputes concerning the validity, interpretation, execution, resolution of this contract or related to it, the parties undertake to seek an equitable and amicable settlement of the dispute between them. Should the attempt at an amicable settlement of the dispute prove unsuccessful, the parties will refer the case, exclusively, to the judicial resolution of the dispute to the Court of Florence.