Terms and Conditions of climik.com
These Terms govern.

use of this Application and any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

This Application is a service of:

A.R. STAMPI srl
Via dell’Artigianato, 19
20010 Cornaredo (MI)
P.Iva: 03446130969

Holder ‘s email address: info@climik.it

Need to know at a glance
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions might apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses apply to all Users.

CONDITIONS OF USE
Unless otherwise specified, the terms of use of this Application set forth in this section apply generally.

Additional conditions of use or access applicable in particular situations are expressly stated in this document.

By using this Application you represent that you meet the following requirements:

There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
Registration
To use the Service, the User may open an account by indicating all the required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain features may not be available.

It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.

By creating an account, theUser agrees to be fully responsible for any and all activities carried out with his/her login credentials.
Users are required to notify the Controller immediately and uniquely via the contact details set out in this document if they believe that their personal information, such as User account , login credentials or personal information, has been hacked, unlawfully disclosed or stolen.

Account Closure
You are free to close your account and cease using the Service at any time, by following this procedure:

Contacting the Holder at the contact details in this document.
AccountSuspension and Deletion
The Owner reserves the right to suspend or delete a User ‘s account at any time in its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.

Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices.

Content on this Application
Except where otherwise noted or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensor(s) .

The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or the rights of third parties. However, it is not always possible to achieve such a result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Application
The Owner holds and expressly reserves all intellectual property rights in said content.

Users are not authorized to use the content in any way that is not is necessary or implied in the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sublicenses, transform, transfer/alienate to third parties or create derivative works from content available on this Application, to allow third parties to engage in such activities through your User account or device, even without your knowledge.

Where expressly stated on this Application, You are authorized to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes and provided that that the attribution of authorship of the work as well as the indication of any other relevant circumstances required by the Owner is observed.

The limitations and exclusions provided by copyright law remain unaffected.

Access to External Resources
Through this Application , the Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any grants of rights in content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.

Permitted Use
This Application and the Service may be used only for the purposes for which they are offered, according to these Terms and under applicable law.

It is your sole responsibility to ensure that your use of this Application and/or the Service does not violate any law, regulations or the rights of third parties.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censorious activity carried out through this Application or the Service to the competent authorities – p. e.g., judicial or administrativeauthorities – whenever the User engages in or is suspected of engaging in such activity:

Violations of the law, regulations and/or the Terms;
injury to the rights of third parties;
acts that may considerably prejudice the legitimate interests of the Holder;
offenses against the Holder or a third party.

Limitation of Liability and Indemnity
Unless otherwise specified or agreed with Users, the liability of the Owner for damages in connection with the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification
You agree to indemnify and hold harmless Holder and its subordinates, affiliates, officers, agents, brandco-owners, partners and employees to the extent of the law from any claims or demands – including, without limitation, legal fees and expenses – brought by third parties due to or in connection with conduct in violation of these Terms, of third party rights or the law, put in place in connection with the use of the Service and chargeable to the User, its affiliates, officers, agents , co-brand owners, partners and employees, by way of fault.

The foregoing also applies to any claims asserted by third parties (including, but not limited to, Holder ‘s customers ) against Holder in connection with the Digital Products provided by User, such as, for example, compliance claims.

Limitation of Liability for User’s Activities on this Application
Unless where otherwise specified and subject to applicable provisions of law, any claim for damages against the Holder is excluded ( or any natural or legal person acting on its behalf).

The foregoing does not limit the Holder ‘s liability for death, personal injury or damage to physical or mental integrity , damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User’ s use of this Application has been fit and proper.

Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity , the Holder is liable only to the extent of the damage that is typical for the type of contract and foreseeable at the time of conclusion.

Australian users
Limitation of Liability.
Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that You may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to You, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms, is limited, at the Holder’s option, to a re-supply of the Services or payment of the cost of re-supplying them.

US users
Disclaimer of Warranty
The Owner provides this Application “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein
Translated with www.DeepL.com/Translator (free version)

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or your use of the Service.

The Owner does not warrant, endorse, ensures or assumes responsibility for any product or service advertised or offered by any third parties through the Service nor any website or service hyperlinked. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.

The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federallaws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.

Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents , brand co-owners, partners , suppliers and employees shall not be held liable for

any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use , data or other intangible loss, arising out of or relating to the use, or inability to use the Service; e
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or User account or information contained therein;
any error, lack or inaccuracy in content;
personal injury or property damage, of any nature, arising out of your access to or use of the Service;
any unauthorized access to Holder’s security servers and/or any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.

This section on limitation of liability applies to the maximum limits permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the User had been advised of the possibility of the occurrence of such damage.

Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.

Indemnification
User agrees to defend, indemnify and hold harmless Holder and its subordinates, affiliates, officers, agents , brand co-owners, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, charge or debt and expense, including, without limitation, legal fees and expenses arising from

User’s use of or access to the Service, including any data or content transmitted or received by User;
Your breach of these Terms, including but not limited to, any breach by the User of any representation or warranty set forth in these Terms;
Infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
The violation by the User of any applicable law, rule or regulation
any content posted by User’s account, including, but not limited to, misleading information, false or inaccurate information, and also including when accessed by a third parties with the User’s personal username and password or other security measures, if any;
The willful conduct of the User; or
The violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law

CommonProvisions
No Implied Waivers
The failure of Holder to exercise any statutory rights or claims arising under these Terms by the Owner shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other right.

Interruption of the Service
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for purposes of maintenance, system upgrades or for any other changes, by giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In case of termination of the activity of the Service, the Owner will ensure that Users are able to extract their personal data and information and will respect the rights of Users regarding the continued use of the product and/or compensation, according to the provisions of the law.

In addition, the Service may not be available for causes beyond the reasonable control of the Owner, such as force majeure causes (e.g. e.g. infrastructural malfunctions, power outages etc.).

Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale program.

Privacy policy
Information on the processing of personal data is contained in the privacy policy of this Application.

Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Application are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks – denominative or figurative – and any other distinctive sign, firm, service mark, illustration, image or logo appearing in connection with this Application are and shall remain the exclusive property of the Owner or its its licensors and are protected under applicable international intellectual property laws and treaties.

Changes to the Terms
The Owner reserves the right to change the Terms at any time. In such case, the Holder will give appropriate notice of the changes to Users.

Changes will take effect in the relationship with the User only from the time communicated to the User.

Continued use of the Service implies User’s acceptance of the updated Terms . If You do not wish to accept the changes, You must cease using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes . Such version may be requested from the Owner.

If required by law, the Owner will notify Users in advance of the effective date of the amended Terms.

Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of the Users.

The provisions regarding modification of these Terms apply.

The User is not authorized to assign or transfer its rights and obligations under the Terms without the written consent of the Owner.

Contact
All communications pertaining to the use of this Application should be sent to the contact details indicated in this document.

SeverabilityClause
Should any of the provisions of these Terms should be or become void or ineffective under applicable law, the nullity or ineffectiveness of that provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

U.S.Users
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter .
These Terms will be implemented to the fullest extent permitted by law.

European Users
Should any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavor to identify amicably a valid and effective substitute provision for the invalid, invalid or ineffective.
In case of failure to agree within the aforementioned terms , if permitted or provided for by the applicable law, the null, invalid or ineffective provision shall be replaced by the applicable legal regulation.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not result in the invalidity of the entire Agreement, unless the invalid , invalid or ineffective provisions under theAgreement are essential or of such importance, that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.

Applicable Law
The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.

Prevalence of national law
However, regardless of the above, if the law of the country where the User is located provides for a higher level of consumer protection, such higher level of protectionshall prevail.

Exception for Consumers in Switzerland
If you act as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil
If the User qualifies as a a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law will apply.

Jurisdiction
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall be in the courts of the place where the Holder is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe
The foregoing does not apply to Users who act as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil
The above does not apply to to Users in Brazil who qualify as Consumers.

Definitions and legal references
This Application (or this Application)
The facility that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Brazilian (or Brazil)
Applies when the User, regardless of nationality, is in Brazil.

Commercial User
Any User who does not meet the definition of Consumer.

DigitalProduct
It is a Product that consists of:

content produced and delivered in digital format; and/or
a service that enables the creation, transformation, storage or access of data in digital format, or sharing or any other interaction with data in digital format uploaded or created by theUser and any other User of this Application.
European (or Europe)
Applies when theUser, regardless of nationality, is located in the European Union .

Owner (or Us)
Means the natural or legal person who provides this Application and/or offers the Service to Users.

Service
The service offered through this Application as described in the Terms and on this Application.

Terms
All terms applicable to the use of this Application and/or the provision of the Service as described in this document as well as in any other document or agreement related thereto, in the respectively most up-to-date version.

User (or You)
Means any natural person using this Application.

Consumer
Any User considered as such under applicable law shall be considered as a Consumer.

Last modified: June 14, 2024