CAMEConnect

General Licence Terms and Conditions Technician

1. SUBJECT

1.1 These general terms and conditions (the “General Terms and Conditions”) govern the terms and conditions based on which CAME S.p.A. (“CAME”) licences to installers (the “Installers”) the software needed to access and deliver to end customers certain services related to the CAMEConnect system (“CAMEConnect”), which includes (i) the web interface via the website www.cameconnect.net (the “Website”); (ii) the smartphone application (the “App”); (iii) firmware and software; and (iv) hardware devices (the “Hardware”).

1.2 In order to download the software and access CAMEConnect, the Installer must fill out a form (the “Registration Form”) available on the Website, providing some personal data. The Installer shall be exclusively responsible for the confidentiality of the data in his/her account, including the password, as well as for any activity originating from the same account. In the event of unauthorised use of the account, the Installer must immediately notify CAME in writing as indicated in Article 11.1 of these General Terms and Conditions, so the account can be blocked.

1.3 The login credentials – username and password – chosen by the Installer upon registration are strictly personal and must be kept safely by the Installer. Once the User has connected his/her account to the system, CAME will no longer be able to disconnect it and the User will be the only one who can do it by using his/her own credentials and the agreed upon disconnection procedure.

1.4 By accepting the General Terms and Conditions, the Installer declares that he/she has all the necessary requirements to accept the terms contained therein, and recognises the mandatory nature of the aforementioned terms.

1.5 In particular, the Installer undertakes:

  1. not to use the Service (including software, firmware and the Website), or the information and the material contained therein, for illegal purposes or in any case purposes that contradict the applicable laws and legislation in force, or in violation of the rights of third parties;
  2. to act in good faith while using the software and browsing the Website, as well as to provide correct and truthful information when registering personal data;
  3. to use the Website only to benefit from the related Services;
  4. not to use CAMEConnect and/or end users’ credentials, claiming to act in their name and on their behalf;
  5. not to use the Website to introduce, publish or disclose unlawful content; in that case, the Installer must release CAME from liability and hold it harmless from any consequences arising from behaviour that does not comply with the Service and harms other rights implemented by the Installer.

2. SOFTWARE LICENCE AND INTELLECTUAL PROPERTY

2.1 The owner of the software, the Website and the CAMEConnect service is CAME S.p.A. with registered address at Via Martiri della Libertà 15 - 31030 Dosson di Casier (Treviso), Italy.

2.2 With the stipulation of the Agreement, CAME grants the Installer an indefinite, non-exclusive, revocable, limited, personal and non-transferable licence on the software, to be exercised exclusively in accordance with the General Terms and Conditions.

2.3 The Installer shall be exclusively responsible for the use of the Service and, to this end, undertakes not to use it with applications other than CAMEConnect and/or in relation to products other than those made available by the CAME Group.

2.4 The Installer shall, nevertheless, remain responsible for acquiring the necessary technical tools and accessories to support the use of the software. The Installer acknowledges that the Apps may not function with some smartphone or tablet models. The Installer declares that he/she is aware of the fact that the integration and correct functioning of the devices and the Apps may depend on: the GSM signal quality, the Wi-Fi signal quality and bandwidth usage, the type of contract that the User has for his/her home internet access, the type of data contract that the User has on his/her smartphone and/or limitations on data traffic imposed by mobile operators or internet providers. Should one of these elements not comply with the requirements for device operation, CAME shall be fully exempt from any liability for any malfunctions.

2.5 CAME shall remain the exclusive owner of all rights relating to the Service, including trademarks, patents and confidential information connected to the same. Consequently, the Installer shall not acquire any right, title or interest in relation to any intellectual property rights, copyrights or other proprietary rights, including patents, designs, trademarks, copyrights, rights on databases, web domains, commercial or confidential information, proprietary secrets or secrets available to CAME.

2.6 The Installer acknowledges that the software, together with the related documentation, are licenced exclusively to the Installer. Moreover, the use of the Service must comply with the applicable provisions of the law, and in particular those regarding the protection of copyright and/or other industrial or intellectual property rights.

2.7 The Installer shall therefore be prohibited from:

  • copying (with the exception of backups), assigning, reselling, sub-licensing or marketing the software in any form, in whole or in part;
  • modifying, de-compiling, disassembling or reverse engineering the software;
  • using the software for purposes other than operating CAMEConnect;
  • removing any reference to CAME’s property rights relating to the software and CAMEConnect.

2.8 The commercial names, trademarks and logos referenced on the Website are the exclusive property of CAME. The User is therefore strictly forbidden from using, reproducing or inserting them in other websites or making any other use of the Website content without the prior written consent of CAME.

3. THE SERVICE

3.1 Any updates relating to the use of the Service shall be communicated by CAME in the manner referred to in Article 11.2.

3.2 The Service is free. CAME, nevertheless, shall be entitled to begin charging a fee for the same Service, subject to appropriate notice to the User, who may withdraw from the Agreement pursuant to Article 7.

3.3 Before filling out the Registration Form, it shall be the Installer’s responsibility to inquire about the content of these General Terms and Conditions and, in particular, of any fees that shall be expressly indicated in the Registration Form. CAME shall nevertheless be entitled, at its discretion, to make changes to the prices, characteristics and General Terms and Conditions associated with the Service, communicating said changes on this page. In that case, the Installer may withdraw from the Agreement in accordance with article 7 below; failure by the Installer to exercise the right of withdrawal within 30 (thirty) days will imply that it has accepted said changes.

3.4 The Installer acknowledges that, in order to use CAMEConnect, an internet connection is required, the costs of which shall be borne exclusively by the Installer. The Installer also declares that it has been made aware of the fact that it could be necessary to have a SIM card to connect to the internet. For RGSM/RGSMS devices, the estimated data consumption for average use (i.e. approximately 10 manoeuvres per day) is less than 200 MB/month per operator, while it remains understood that the real traffic depends on the actual use of the operator.

3.5 The Installer agrees that if the registration is cancelled or the system is disconnected using the required procedure, CAME will not be able to guarantee any technical assistance. The data provided by the Installer when registering/connecting will be kept in the database in anonymous form for 30 (thirty) days after the cancellation of the registration for the sole purpose of being able to respond to any complaints. After that period, the data collected when registering/connecting will be definitively cancelled and it will be no longer possible to recover them.

5. CONCLUSION OF THE AGREEMENT

5.1 In order to acquire the Service and activate any related subscriptions, it is first necessary to register on the Website and submit the Registration Form.

5.2 The publication of the Service on the Website represents an invitation to the Installer to formulate a contract proposal, which shall be sent by filling out and submitting the Registration Form. CAME reserves the right to decide whether to accept this proposal or not.

5.3 The Agreement shall be considered concluded at the time between the moment in which the Service is activated and the moment in which the activation confirmation email is sent to the Installer, at the email address indicated by the User on the Registration Form.

6. CONSIDERATION AND PAYMENT

6.1 Where provided for, the fee for the Service indicated on the Website (the “Consideration”) is expressed in Euro.

6.2 Unless otherwise specified, the Consideration shall be understood to include VAT and, where applicable, any indirect taxes.

6.3 Where a Consideration is provided for, the Installer must pay CAME the sum indicated in the Registration Form, according to the timeframes indicated therein.

6.4 When filling out and submitting the Registration Form, where a Consideration is provided for, the Installer shall be automatically directed to the website of the entity responsible for managing the online payments. CAME reserves the right to verify the identity of the credit card holder by requesting adequate documentation.

6.5 Where the service is provided for a fee, provision shall begin only when the relative payment has been correctly received by CAME. If CAME does not receive the required payment within 10 working days of the due date, it may immediately suspend the Service and terminate the Agreement, providing written notice of the same to the Installer.

7. DURATION OF THE LICENCE

7.1 Registration to the Service is granted on an indefinite basis. Each of the parties may withdraw at any time without any penalty or compensation, it being understood that the withdrawal shall be effective within 30 days of the date on which the other party receives the withdrawal notice. The withdrawal may be exercised on an autonomous basis through the specific procedure described on the website. CAME shall immediately send an email to the Installer confirming receipt of the User’s request for withdrawal.

7.2 CAME may in turn withdraw from the Agreement at any time, without any indemnity or compensation being due to the User, it being understood that the withdrawal shall be effective from the last day of the month in which CAME notifies the Installer of the withdrawal.

7.3 CAME will have the right, at any time, to phase out any system usable in connection with the Service due to technological updates or developments of the products without this making CAME responsible for any reimbursement or having to pay any compensation.

8. EXPRESS TERMINATION CLAUSE

8.1 In case of violation of the terms set out in Articles 2.3 and/or 2.6 and/or 2.7, CAME reserves the right to terminate this Licence Agreement with immediate effect. In such case, the termination shall take place, to all effects and purposes, upon receipt by the Installer of the notice sent by CAME, without the need for any prior warning and without prejudice to CAME’s right to compensation for damage.

9. PROVISION OF THE SERVICE. LIMITATION – DISCLAIMER OF LIABILITY

9.1 CAME undertakes to ensure the continuous provision of the Service.

9.2 CAME shall do everything in its power to schedule system updates and/or maintenance in such a way as to ensure Service continuity. In case of non-routine and/or unscheduled maintenance work, CAME shall take all necessary steps to minimise the inconvenience to the Installer.

9.3 In the event that any shortcomings in the service level provided are due to causes not attributable to CAME such as unforeseeable circumstances, force majeure, technical problems relating to the internet, third party software or hardware, interference and/or particular weather conditions, power and/or other utility outages, CAME shall not be in any way responsible for the failure to supply the service or for the defective provision thereof, nor shall it be liable for any related loss, damage or injury to the Installer.

9.4 Objections to any disruptions to the use of the Service that may be attributed to CAME will have to be made in writing within 15 days from the occurrence of the disruption in question.

9.5 The Installer shall be the only Party liable for any illegal conduct or damage suffered by the User, resulting from assistance, maintenance and/or any other activity provided by the Installer. The Installer undertakes to hold CAME harmless from any claim, request and/or action made against the latter following a breach on the part of the Installer of the obligations set out in Article 1.5.

10. INSTALLER’S DATA AND PRIVACY

10.1 The use of the Service through the Website and the use of the App assume the provision, on the part of the Installer, of some personal data necessary for the supply of the Service. To this end, the Installer undertakes to communicate correct, up-to-date and truthful data.

10.2 The Installer’s personal data shall be processed by CAME in the manner specified in its Privacy Policy.

10.3 The Installer acknowledges and accepts that CAMEConnect permits users to independently connect their account to a technician’s account to use the remote assistance service and receive remote support and diagnostics. The Installer also acknowledges that said connection will make it controller of the personal data of the user requesting the remote assistance service, and therefore undertakes to process the personal data of this user in full compliance with the legal obligations set out under Regulation (EU) 2016/679 relating to the personal data protection of personal data and any other applicable laws with regard to said subject-matter in the territory. The Installer shall hold CAME harmless and indemnify it from any liability that may arise as a result of violation of this Article. The Installer may use the data exclusively for the supply of remote assistance services connected to CAMEConnect. Any other use of said data, together with the sharing, diffusion and/or transfer of the same to third parties, shall be prohibited.

10.4 The Installer acknowledges that CAME will store a record of events connected to use of CAMEConnect by the user for a maximum of 60 (sixty) days after the activity and/or event. After this time, CAME will no longer be able to provide any further information.

11. GENERAL PROVISIONS

11.1 Any communications from the Installer connected and/or in any way related to the relationship with CAME, including complaints, reports, requests, interventions, with the exception of requests to exercise rights pursuant to EU Regulation no. 679/2016, must be emailed to support.cameconnect@came.com by filling in and attaching the form available here.

11.2 Any technical and maintenance updates, as well as any updates to the General Terms and Conditions, relating to the Service shall be sent to the Installer via email.

11.3 This Agreement is governed by Italian law. The Court of Treviso (Italy) shall have exclusive jurisdiction for any dispute arising from or relating to these General Terms and Conditions.

CAME