LAST UPDATE: 24.12.2020

BY CLICKING THE “ACCEPT” BUTTON OR ACCESSING OR USING THE ENAPTER S.R.L (“ENAPTER” OR “WE”) CLOUD SERVICES AND/OR MOBILE APP AND/OR FIRMWARE (COLLECTIVELY OUR “SERVICES”) AND/OR CLICKING “I ACCEPT”, YOU CONFIRM THAT:

1. YOU HAVE READ AND AGREE TO BE BOUND BY THIS TERMS OF USE,
2. YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ENAPTER,
3. YOU HAVE THE AUTHORITY TO ENTER INTO THIS TERMS OF USE PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY YOU REPRESENT, AND TO BIND THAT LEGAL ENTITY TO THIS TERMS OF USE.

THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU USE SERVICES.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS TERMS OF USE, YOU MUST NOT ACCESS OR USE SERVICES.

ENAPTER AND YOU MAY BE NAMED INDIVIDUALLY AS A “PARTY” AND TOGETHER AS THE “PARTIES”. NOT AFFILIATED WITH PARTIES ENTITIES MAY BE NAMES AS “THIRD-PARTY”.

THESE TERMS OF USE ARE SUBJECT TO CHANGE BY ENAPTER AT ANY TIME. THE NEW COPY OF THE TERMS OF USE IS AVAILABLE AT HTTPS://WWW.ENAPTER.COM/LEGAL-TERMS-OF-USE AND BECAME EFFECTIVE IMMEDIATELY FOR ALL NEW USERS AND BECAME EFFECTIVE IN THIRTY (30) DAYS AFTER PUBLISHING FOR EXISTING USERS. ENAPTER MAY NOTIFY USERS IN CASE OF ANY MAJOR UPDATES USING EMAIL.

SERVICES OVERVIEW

ENAPTER PROVIDES SERVICES THAT ARE USED TO INTEGRATE INDIVIDUAL HARDWARE ITEMS (“DEVICE” or “DEVICES”) THAT HAVE BEEN PROVISIONED USING A MOBILE APP TO THE ENAPTER CLOUD WITH OR WITHOUT AN INTERMEDIATE GATEWAY TO PERFORM VARIOUS INTERNET OF THINGS FUNCTIONS. CERTAIN FUNCTIONS ARE FREE OF CHARGE. HOWEVER, ENAPTER MAY CHARGE FEES IN THE FUTURE.

IN ORDER TO START USING SERVICES YOU MUST REGISTER THE ACCOUNT USING SERVICES.

YOU REPRESENT AND WARRANT THAT ALL REQUIRED INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE AND YOU WILL MAINTAIN ACCURACY OF SUCH INFORMATION.

ENAPTER MAY SUSPEND OR TERMINATE YOUR ACCOUNT IN CASE OF VIOLATING OF ANY OF THE TERMS OF THIS AGREEMENT. YOU ARE RESPONSIBLE FOR MAINTAINING CONFIDENTIALITY OF YOUR ACCOUNT LOGIN INFORMATION INCLUDING, BUT NOT BE LIMITED TO, PASSWORD, API TOKEN AND YOU FULLY RESPONSIBLE FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. ENAPTER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS.

LICENCED USES

SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, WE GRANT YOU A LIMITED, NON-EXCLUSIVE, NON-ASSIGNABLE, NON-TRANSFERABLE LICENSE TO INTERNALLY USE AND ACCESS THE SERVICES SOLELY AS NECESSARY TO DEVELOP, MAINTAIN AND SUPPORT YOUR DEVICES IN ACCORDANCE WITH THE DOCUMENTATION OR SPECIFICATIONS INCLUDED AT HTTPS://HANDBOOK.ENAPTER.COM (“HANDBOOK”).

USE OF ANY SOFTWARE AND ASSOCIATED DOCUMENTATION THAT IS AVAILABLE ONLINE FOR USAGE OR DOWNLOAD (“SOFTWARE”) IS GOVERNED BY TERMS OF THE LICENSE AGREEMENT THAT ACCOMPANIES OR IS INCLUDED WITH THE SOFTWARE, OR BY THE LICENSE AGREEMENT AVAILABLE ON THE SOFTWARE DOWNLOAD PAGE. YOU SHALL NOT USE, DOWNLOAD OR INSTALL ANY SOFTWARE THAT IS ACCOMPANIED BY OR INCLUDES A LICENSE AGREEMENT UNLESS YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT. ENAPTER DOES NOT PROVIDE YOU WITH ANY COPY OF OUR SOFTWARE ON PHYSICAL MEDIA. PHYSICAL MEDIA SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY TAPE DISK, COMPACT DISK, CARD, FLASH DRIVE, OR ANY OTHER COMPARABLE PHYSICAL MEDIUM. ALL SOFTWARE DELIVERED ONLY VIA ELECTRONIC TRANSFER OR DOWNLOAD. UNLESS THE ACCOMPANYING LICENSE AGREEMENT EXPRESSLY ALLOWS OTHERWISE, ANY COPYING OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED, INCLUDING ANY COPYING OR REDISTRIBUTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION, OR REDISTRIBUTION OR USE ON A SERVICE BUREAU BASIS OR CLOUD STORAGE. IF THERE IS ANY CONFLICT BETWEEN THIS AGREEMENT AND THE LICENSE AGREEMENT, THE LICENSE AGREEMENT SHALL TAKE PRECEDENCE IN RELATION TO THAT SOFTWARE. IF THE SOFTWARE IS A BETA OR RELEASE CANDIDATE VERSION, THEN YOU ARE NOT PERMITTED TO USE OR OTHERWISE RELY ON THE SOFTWARE FOR ANY COMMERCIAL OR PRODUCTION PURPOSES. IF NO LICENSE AGREEMENT ACCOMPANIES USE OF THE SOFTWARE, USE OF THE SOFTWARE WILL BE GOVERNED BY THIS AGREEMENT. SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT, ENAPTER GRANTS YOU A NON-ASSIGNABLE, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE FOR THE SOLE PURPOSE OF ENABLING YOU TO USE THE SERVICES IN THE MANNER PERMITTED BY THIS AGREEMENT. SOME SOFTWARE MAY BE OFFERED UNDER AN OPEN SOURCE LICENSE THAT WE WILL MAKE AVAILABLE TO YOU. THE OPEN SOURCE LICENSE MAY EXPRESSLY OVERRIDE SOME OF THESE TERMS.

YOU AGREE THAT YOU WILL NOT, AND WILL NOT ASSIST, PERMIT, AUTHORIZE, OR ENABLE OTHERS TO DO ANY OF THE FOLLOWING RESTRICTIONS (EACH, A “RESTRICTION”) WITHOUT OUR EXPRESS WRITTEN CONSENT:
1. REVERSE ENGINEER OR DECOMPILE THE SERVICES OR SOFTWARE OR ANY COMPONENT THEREOF, OR ATTEMPT TO CREATE A SUBSTITUTE OR SIMILAR SERVICE THROUGH USE OF OR ACCESS TO THE SERVICES OR SOFTWARE, UNLESS THIS IS EXPRESSLY PERMITTED OR REQUIRED BY APPLICABLE LAW;
2. COPY, RENT, LEASE, SELL, TRANSFER, ASSIGN, SUBLICENSE, OR ALTER ANY PART OF THE SERVICES, SOFTWARE OR ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “ENAPTER PROPERTIES”);
3. USE THE ENAPTER PROPERTIES FOR ANY ILLEGAL, UNAUTHORIZED, OR OTHERWISE IMPROPER PURPOSES, OR IN ANY MANNER WHICH WOULD VIOLATE THIS AGREEMENT;
4. REMOVE ANY LEGAL, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS NOTICES CONTAINED IN OR ON THE ENAPTER PROPERTIES;
5. USE THE ENAPTER PROPERTIES IN A MANNER THAT, AS DETERMINED BY ENAPTER, IN OUR SOLE DISCRETION, EXCEEDS REASONABLE REQUEST VOLUME, CONSTITUTES EXCESSIVE OR ABUSIVE USAGE, OR OTHERWISE FAILS TO COMPLY OR IS INCONSISTENT WITH ANY PART OF THE ENAPTER PROPERTIES DOCUMENTATION. WE MAY UTILIZE TECHNICAL MEASURES TO PREVENT MISUSAGE AND STOP USAGE OF THE CLOUD SERVICE BY A DEVICE AFTER ANY USAGE LIMITATIONS ARE EXCEEDED OR SUSPEND YOUR ACCESS TO THE CLOUD SERVICE WITH OR WITHOUT NOTICE TO YOU IN THE EVENT YOU EXCEED ANY SUCH LIMITATIONS. WE MAY IMPOSE OR MODIFY LIMITATIONS WITHOUT NOTICE.

PRIVACY

PLEASE REFER TO OUR PRIVACY POLICY AT HTTPS://WWW.ENAPTER.COM/LEGAL-PRIVACY-POLICY FOR INFORMATION ABOUT HOW WE COLLECT, USE AND DISCLOSE INFORMATION ABOUT YOU AND DEVICES.

THIRD-PARTY DEVICE INTEGRATION

YOU MAY INTEGRATE YOUR DEVICES OR THIRD-PARTY DEVICES USING ENAPTER PROPERTIES.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR DEVICES OR THIRD-PARTY DEVICES INTEGRATED BY YOU, AND FOR SUPPORTING THE INTEGRATED DEVICES. ON EACH DEVICE FOR WHICH YOU USE THE SERVICES, YOU SHALL PROMINENTLY DISPLAY AND COMPLY WITH THE ENAPTER PRIVACY POLICY.

YOU REPRESENT AND WARRANT THAT YOUR DEVICE WILL NOT:
1. VIOLATE ANY THIRD-PARTY RIGHT, INCLUDING ANY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, MORAL RIGHT, PRIVACY RIGHT, RIGHT OF PUBLICITY, OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT;
2. VIOLATE ANY LAWS OR REGULATIONS (INCLUDING ANY PRIVACY LAWS) OR ANY OBLIGATIONS OR RESTRICTIONS IMPOSED BY ANY THIRD PARTY;
3. BE HARASSING, ABUSIVE, TORTIOUS, THREATENING, HARMFUL, INVASIVE OF ANOTHER’S PRIVACY, VULGAR, DEFAMATORY, FALSE, INTENTIONALLY MISLEADING, TRADE LIBELOUS, PORNOGRAPHIC, OBSCENE, OR PATENTLY OFFENSIVE, OR PROMOTE RACISM, BIGOTRY, HATRED, OR PHYSICAL HARM OF ANY KIND AGAINST ANY GROUP OR INDIVIDUAL, OR BE OTHERWISE OBJECTIONABLE;
4. BE HARMFUL TO MINORS IN ANY WAY;
5. CONTAIN ANY COMPUTER VIRUSES, WORMS, OR ANY SOFTWARE INTENDED TO DAMAGE OR ALTER OR SPY ON A COMPUTER SYSTEM OR DATA;
6. SEND UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, JUNK MAIL, SPAM, TEXT MESSAGES, CHAIN LETTERS, PYRAMID SCHEMES, OR ANY OTHER FORM OF DUPLICATIVE OR UNSOLICITED MESSAGES, WHETHER COMMERCIAL OR OTHERWISE;
7. OFFER OR PROMOTE SERVICES THAT MAY BE DAMAGING TO, DISPARAGING OF, OR OTHERWISE DETRIMENTAL TO ENAPTER OR ITS LICENSORS, LICENSEES, AFFILIATES AND PARTNERS.

ENAPTER RETAINS THE RIGHT TO REFUSE TO PERMISSION FOR YOUR USE OF THE ENAPTER PROPERTIES WITH A PARTICULAR DEVICE. ENAPTER WILL HAVE NO LIABILITY TO YOU FOR SUCH REFUSAL.

UNAUTHORIZED APPLICATIONS

YOU UNDERSTAND THAT THE ENAPTER PROPERTIES ARE NOT DESIGNED, INTENDED, AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE IN THE FOLLOWING “UNAUTHORIZED APPLICATIONS”: LIFE SUPPORT APPLICATIONS, DEVICES OR SYSTEMS, THE OPERATION OF NUCLEAR FACILITIES; AIRCRAFT NAVIGATION SYSTEMS; AIRCRAFT COMMUNICATION SYSTEMS; AIR TRAFFIC CONTROL; DIRECT LIFE SUPPORT MACHINES; WEAPONS SYSTEMS; MILITARY OR SPACE EQUIPMENT REQUIRING / NOT REQUIRING RADIATION HARDENED COMPONENTS; AND EMERGENCY CALLING SYSTEMS. YOU WARRANT THAT YOU WILL NOT USE THE ENAPTER PROPERTIES FOR UNAUTHORIZED APPLICATIONS.

DATA OWNERSHIP

ENAPTER IS THE SOLE PROPRIETOR OF COLLECTED DEVICES DATA IN ACCORDANCE WITH THIS AGREEMENT.

ENAPTER MAY USE DEVICE DATA FOR THE PURPOSE OF PRODUCT PERFORMANCE ANALYSIS, SCIENTIFIC RESEARCH OR ANY OTHER ACTIVITY RELATED TO THE OPTIMISATION, MAINTENANCE OR OPERATION OF ANY DEVICE. YOU WILL HAVE ACCESS RIGHTS TO DATA STORED WITH ENAPTER PROPERTIES IN ACCORDANCE WITH THIS TERMS OF USE PERTAINING TO DEVICES ONLY PROVISIONED WITH SERVICES BY YOU. ACCESS TO DATA IS AT THE SOLE DISCRETION OF ENAPTER, AND MAY BE REVOKED AT THE SOLE DISCRETION OF ENAPTER.

SUPPORT

WE MAY PROVIDE YOU WITH SUPPORT, UPGRADES, OR MODIFICATIONS FOR THE ENAPTER PROPERTIES. WE MAY TERMINATE THE SUPPORT OR MODIFICATIONS TO YOU AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PROVIDING TECHNICAL ASSISTANCE FOR YOUR DEVICES. IN CASES WHEN SUPPORT REQUESTS ARE RELATED TO YOUR INTEGRATED THIRD-PARTY DEVICE, WE MAY REDIRECT SUCH REQUESTS TO YOU BY PHONE OR EMAIL.

TERM AND TERMINATION

YOU AGREE THAT THIS AGREEMENT WILL BE DEEMED TO BE IN EFFECT UPON THE DATE ON WHICH YOU ACCEPT THIS AGREEMENT.
YOU MAY TERMINATE THIS AGREEMENT FOR ANY REASON OR NO REASON AT ALL, AT YOUR CONVENIENCE, BY STOPPING YOUR USE OF THE ENAPTER PROPERTIES, AND PROVIDING AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO ENAPTER.

UPON TERMINATION OF THIS AGREEMENT ALL RIGHTS AND LICENSES GRANTED WILL TERMINATE IMMEDIATELY.

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR DAMAGES OF ANY SORT RESULTING SOLELY FROM THE TERMINATION OF THIS AGREEMENT.

ENAPTER KEEPS THE RIGHT TO STORE AND USE DEVICES DATA AFTER TERMINATION ACCORDING TO THE TERMS OF THIS AGREEMENT.

EXPORT

YOU MAY NOT USE, EXPORT, IMPORT, OR TRANSFER ALL OR ANY PORTION OF THE SERVICES EXCEPT AS AUTHORIZED BY EUROPEAN UNION LAW, THE LAWS OF THE JURISDICTION IN WHICH YOU OBTAINED THE SERVICES, AND ANY OTHER APPLICABLE LAWS. YOU ACKNOWLEDGE AND AGREE THAT PRODUCTS, SERVICES OR TECHNOLOGY PROVIDED BY ENAPTER ARE SUBJECT TO THE EXPORT CONTROL LAWS AND REGULATIONS OF THE EUROPEAN UNION. YOU SHALL COMPLY WITH THESE LAWS AND REGULATIONS AND SHALL NOT, WITHOUT PRIOR EUROPEAN UNION GOVERNMENT AUTHORIZATION, EXPORT, RE-EXPORT, OR TRANSFER ENAPTER PRODUCTS, SERVICES OR TECHNOLOGY, EITHER DIRECTLY OR INDIRECTLY, TO ANY COUNTRY IN VIOLATION OF SUCH LAWS AND REGULATIONS.

DISCLAIMER

THE ENAPTER PROPERTIES ARE PROVIDED “AS IS,” “WHERE IS,” “WITH ALL FAULTS” AND WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. ENAPTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT. SOME ASPECTS OF THE ENAPTER PROPERTIES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. WE DO NOT REPRESENT, WARRANT, OR MAKE ANY CONDITION THAT THE ENAPTER PROPERTIES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ENAPTER PROPERTIES, ALL OF WHICH IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOUR USE OF THE ENAPTER PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE ENAPTER PROPERTIES INCLUDING, BUT NOT LIMITED TO, FOR ANY DAMAGE TO YOUR ENERGY SYSTEM AND / OR COMPUTER SYSTEM AND / OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE USER AGREEMENT.

ENAPTER WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR RELIANCE DAMAGES RELATED TO THIS AGREEMENT OR THE ENAPTER PROPERTIES. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND LOST BUSINESS OPPORTUNITIES, WHETHER YOU WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR RELATED TO THE ENAPTER PROPERTIES EXCEED THE AMOUNTS PAID BY YOU TO ENAPTER DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDEING THE ACT(S) GIVING RISE TO LIABILITY HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PARTIES HAVE NEGOTIATED THIS AGREEMENT WITH DUE REGARD FOR THE BUSINESS RISK ASSOCIATED WITH THE ARRANGEMENTS DESCRIBED IN THIS AGREEMENT.

GENERAL

THIS AGREEMENT WILL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF ITALY.

NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR FAILURE TO FULFILL OBLIGATIONS HEREUNDER IF SUCH FAILURE IS DUE TO CAUSES BEYOND ITS CONTROL, INCLUDING ACTS OF GOD, EARTHQUAKE, FIRE, FLOOD, EMBARGO, CATASTROPHE, SABOTAGE, UTILITY OR TRANSMISSION FAILURES, GOVERNMENTAL PROHIBITIONS OR REGULATIONS, NATIONAL EMERGENCIES, INSURRECTIONS, PANDEMIC, RIOTS OR WAR.