This document is a legal agreement between you, the User, and the entity that provides KPI6.com. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal Agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, both singular and plural, refer to you, the User. “We”, “our”, “us” and similar terms refer to the company that owns and operates KPI6.com as described in this document. “KPI6.com” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section titled “Definitions” at the end of the Agreement.

To use KPI6.com, you must carefully read this Agreement and accept it by clicking on the button for its acceptance. If you do not accept this Agreement, you cannot use the Service.

The content available on KPI6.com is protected by applicable intellectual property laws and related international treaties. Unless otherwise indicated, the use of any content is permitted solely within the limits established in this clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-transferable and non-exclusive license to use such content. This license is intended solely for the personal use of such content and never for its commercial use and is limited to the User’s device. Therefore, the User cannot copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, modify, transfer/assign to third parties or create derivative works from the content, including that of third parties, available on KPI6.com, nor allow third parties to do so through the User or their device, even without the User’s knowledge. Where expressly indicated on KPI6.com, the User may be authorized, for personal use only, to download and/or copy and/or share some content available through KPI6.com, for their personal use only and provided that the copyright attributions and all other attributions required by the Owner are properly implemented.

The Owner does not moderate the content or links provided by third parties before their publication on KPI6.com. The Owner is not responsible for the content provided by third parties or its availability. KPI6.com may use third-party content for the purpose of providing the Service. In this regard, the User must not: use any third-party content (in aggregate or otherwise) in connection with any online advertising network, advertising exchange, or data broker remove or alter any proprietary notice, copyright notice or trademarks from third-party content or display any third-party content in a way that could create a false or misleading impression about its origin or interpretation. The User must defend, indemnify and hold KPI6.com harmless from any claim arising from the User’s abuse of third-party content or violation of third-party terms of service, rules and policies. In case of violation of the rules set forth in this paragraph, the Owner reserves the right, at its sole discretion, to immediately block the User’s access to third-party content.
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Users are responsible for their own content and for any third-party content they share through KPI6.com, upload and publish on or through KPI6.com, or transfer by any other means. Users confirm that they have all necessary consents from third parties whose data and/or content they share with the Owner, and hereby indemnify the Owner against any liability or claim that may arise against the Owner in relation to the unlawful distribution of third-party content or the unlawful use of the Service. The Owner does not moderate the content provided by users or third parties, but will intervene if it receives complaints from users or if public authorities issue orders regarding content deemed offensive or illegal.

In particular, the Owner may decide to suspend or discontinue the display of content in the event that: other users file complaints; a notification of intellectual property rights violation is received; it is decided to do so in view of, or as a result of, legal actions; such action is requested by a public authority; or if it is believed that the content, although accessible through KPI6.com, may endanger users, third parties, the availability of the Service and/or the Owner.

The only rights granted to the Owner in relation to the content provided by users are those necessary to operate and maintain KPI6.com.

Unless otherwise specified, the following applies: By submitting, posting or displaying content on or through KPI6.com, the User grants the Owner a limitless, non-exclusive, royalty-free license with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any media or through distribution methods currently available or subsequently developed.

Users may use third-party services or content included in KPI6.com, but they must be aware of the terms and conditions of these third parties and have given their consent. In no case will the Owner be held responsible for the correct operation or availability, or both, of third-party services.

The Service must be used only in compliance with these Terms. Users cannot:

• reverse engineer, decompile, disassemble, modify or create derivative works based on KPI6.com or any part of it;
• circumvent any technology used by KPI6.com or its licensors to protect the content accessible through it;
• copy, store, modify, change, prepare any derivative work or alter in any way any content provided through KPI6.com;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any part of KPI6.com or its content;
• rent, lease or sublicense KPI6.com;
• defame, abuse, harass, use threatening practices, threaten or otherwise violate the legal rights of others (such as privacy and publicity rights);
• disseminate or publish content that is illegal, obscene, illegitimate, defamatory or inappropriate;
• unlawfully appropriate any account in use by another user;
• register or use the Service in order to approach users to promote, sell or advertise products or services of any kind through KPI6.com in any way;
• use KPI6.com in any other improper way that violates the Terms.

KPI6.com offers additional services or subscriptions that are available upon payment of a fee. The fees, duration and conditions for paid accounts and services are highlighted in the relevant section of KPI6.com.

In the event that KPI6.com offers a trial period, the User will have the opportunity to experience, free of charge and for a limited period of time, some of the paid features offered by KPI6.com. The details of the trial conditions will be provided as part of the subscription initiation or Service usage process.

Payments begin from the date Users choose a paid subscription or modify an existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Recurring subscriptions are automatically renewed using the payment method chosen by the User at the time of purchase. The renewed subscription will have the same duration as the original service period. Users can cancel automatic renewal at any time by modifying the preferences for the payment method used. If the User cancels an automatic renewal, KPI6.com may be forced to cancel their subscription once it expires.

KPI6.com uses third-party tools for the payment process and is in no way connected to the payment information provided, such as credit card information.

Any costs resulting from rejected payments will be borne by the User.

Users who have purchased one or more Services and who qualify as consumers have the right to withdraw from the contract within 14 (fourteen) days from the date of conclusion of the contract without having to provide any justification. For the purpose of exercising the right of withdrawal, the User is required to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address provided in this document. To this end, the User can use the withdrawal form provided at the end of this Agreement.

Any refundable amount will be returned by the Owner without undue delay and, in any case, within 14 days of the User’s notice of withdrawal, using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise.

The clauses relating to the exercise of the right of withdrawal, as well as its consequences and exceptions, apply exclusively to Users who are qualified as consumers, i.e. Users acting for purposes that can be considered extraneous to their commercial (or business) or professional activity.

The User acknowledges and accepts that the right of withdrawal does not apply, among other things, to contracts for the provision of services after the complete execution of the service by a professional, if the execution has initially started with the express consent of the User and their agreement to waive the right of withdrawal. Therefore, if the Service has already been provided at the time of the request for withdrawal and the User has requested execution, fully understanding the loss of the right of withdrawal, the withdrawal can no longer be exercised. The User also acknowledges and accepts that the withdrawal does not apply to the supply of digital content through a non-material medium once the execution of the contract has begun with the express consent of the User and their acknowledgment of the loss of the right of withdrawal.

KPI6.com and all functions accessible through KPI6.com are made available to Users under the terms and conditions of the Agreement, without any warranty, express or implied, except as required by law. In particular, no guarantee is provided as to the suitability of the services offered for the specific objectives of the User. KPI6.com and the functions accessible through KPI6.com are used by Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only in case of willful misconduct or gross negligence, when these are the immediate and direct consequences of KPI6.com’s activity. Therefore, the Owner will not be liable for:

• any losses that are not a direct consequence of the Owner’s breach of the Agreement;
• any loss of business opportunities and any other indirect loss that the User may suffer (such as, but not limited to, business losses, loss of revenue, income, profits or expected savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• damages or losses resulting from interruptions or malfunctions of KPI6.com due to cases of force majeure, or in any case unforeseen and unexpected events and, in any case, outside the will and control of the Owner, such as, for example, but not limited to, failures or interruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of third-party products, services or applications; and
• improper or inappropriate use of KPI6.com by Users or third parties.

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as applicable, harmless from any claim or demand, including, but not limited to, reasonable legal fees and costs, made by any third party due to or arising from the User’s content, use of or connection to the Service, breach of these Terms, or infringement of third-party rights.

To ensure the best possible use of the Service for Users, the Owner reserves the right to interrupt the service for maintenance or system updates, informing Users through constant updates posted on KPI6.com.

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any part of KPI6.com and its Service without the prior express written consent of the Owner, granted directly or through a proper resale program.

All trademarks, word or figurative marks, and all other signs, trade names, service marks, brand names, illustrations, images or logos relating to KPI6.com are and remain the exclusive property of the Owner or its licensors, and are protected by applicable trademark laws and related international treaties.

All trademarks and other signs, trade names, service marks, brand names, illustrations, images or logos relating to third parties and the content posted by such third parties on KPI6.com are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and related international treaties. The Owner does not own the aforementioned intellectual property rights and can use them only to the extent and in accordance with the contracts concluded with such third parties and for the purposes described herein.

KPI6.com grants Users a revocable, personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Software and/or any other technical means incorporated in the Service provided by KPI6.com. This license is solely to enable Users to use the Service and do so within the limits and in accordance with this Agreement and/or any other applicable rules. The User is required to use the Service in compliance with the Owner’s intellectual and industrial property rights. The Software related to the Service, like any other copyright or intellectual property right, is the exclusive property of the Owner and/or its licensors. The User does not acquire any right or title with respect to the Software and acknowledges that its use is non-exclusive and non-transferable, only for the duration of the use of the Service, through remote connection, via the Internet, for the provision of the Services under this Agreement. The right to use the Software does not grant any rights to the original source code. All techniques, algorithms and procedures contained in the Software and its documentation are copyright-protected information and are the exclusive property of the Owner or its licensors, therefore they cannot be used by the User for purposes other than those set forth in this Agreement.

All rights and license grants to the User expire immediately upon termination or expiration of this Agreement.

All digital or printed copies of reports, analyses, results, other materials or information generated or produced in providing the Service must include the following attribution to KPI6.com: “Source: KPI6.com”.

The Owner reserves the right to modify these Terms at any time, by informing Users through the publication of a notice within KPI6.com.

Users who continue to use KPI6.com after the publication of the changes accept the new Terms in their entirety.

The Owner reserves the right to transfer, assign, novate or subcontract all or part of the rights or obligations arising from these Terms, provided that the User’s rights under the Terms are not compromised.

Users cannot in any way assign or transfer their rights or obligations arising from these Terms without the written permission of the Owner.

All communications relating to KPI6.com must be sent using the contact details provided in this document.

If a provision of these Terms is invalid or unenforceable, such clause will be severed and the remaining provisions will not be affected and will remain in force.

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, jurisdiction of the State and the exclusive jurisdiction of the courts where the Owner has its registered office. An exception to this rule applies in cases where the law provides for a single jurisdiction for consumers.
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The consumer residing in Europe must be aware that the European Commission has set up an online platform for alternative dispute resolution that provides an out-of-court method for resolving any dispute arising from online sales and service contracts. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link.

The Owner is available for any questions via the email address indicated in the Owner’s information in this document.

Definitions

Example of withdrawal form Addressed to: KPI6.com Srl Via P. Togliatti, 5/C 42049 – Rubiera (RE) Italy info@kpi6.com

I/We hereby notify the wish to withdraw from my/our sales contract of the following goods/for the provision of the following service: _____________________________________________ (insert a description of the goods/services subject to the respective withdrawal) Ordered on: _____________________________________________ (insert the date) Received on: _____________________________________________ (insert the date) Name of the consumer(s):_____________________________________________ Address of the consumer(s):_____________________________________________ Date: _____________________________________________ (signature if the form is notified on paper)

Service The service provided by KPI6.com as described in these Terms and on KPI6.com.

Terms and Conditions (or Terms) These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

User Any user of the Service, whether a natural person or a legal entity.