Termini e Condizioni – ES

Terms and Conditions

Key Points

It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:

NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. The Software, currently, does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed. It will be avalaible as soon as possible.

CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.

PEDIUS CREDIT BECOMES INACTIVE:

-TOP UP CREDIT: AFTER ONE YEAR FROM THE LAST TOP UP;

-PACKAGE CREDIT: ACCORDING THE DURATION OF THE PACKAGE PURCHASED;

1. YOUR AGREEMENT WITH PEDIUS

1.1 Pedius’ internet communication software applications (“Internet Communications Software”), other “Pedius” branded software applications (together the “Pedius Software”), including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) are licensed (not sold) to you by Pedius S.r.l. These Terms will still apply to your use of the Software and Products.

1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by Pedius S.r.l.

1.3 Any additional products or features of the Pedius Software or other “Pedius” branded products, that you pay for (including products or features available for free on a trial basis only) (“Paid For Products”) are provided to you by Pedius S.r.l

1.4 “Pedius Websites” means www.pedius.org and any other websites authorised by Pedius which link to these Terms.

1.5 “Pedius’’ means Pedius srl, Via Boezio 4/C, 00193 Roma.

“Products” means collectively the Free Products and Paid For Products;

“you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.

1.6 Your agreement with Pedius is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional Terms referred to in paragraph 14 (collectively the “Terms”). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.

2. ACCEPTANCE OF THE TERMS

2.1 In order to download and/or use the Software, you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software. These Terms remain effective from the date of acceptance until terminated by you or Pedius in accordance with paragraph 11.

2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with Pedius.

3. CHANGES TO THE TERMS

3.1 Pedius may make changes to these Terms from time to time. Pedius will publish the changes at www.pedius.org. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable Pedius Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Pedius in accordance with paragraph 11 below.

4. LICENCE

4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual Pedius user account (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the Pedius Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. Pedius reserves all rights not expressly granted to you under these Terms.

4.2 Restrictions. You may not and you agree not to:

(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;

(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);

(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;

(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above;

(e) other than for the purposes of download and installation, use the Software except through your User Account.

4.3 Third-party technologies. If you are using third-party Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto other products, hardware, software applications, programs or devices (“Third-party technology”), you agree and acknowledge that: (a) you may be required to enter into a separate licence agreement with the relevant third part owner or licensor for the use of such third-party technology; (b) some Products and/or functionality may not be accessible through the Third-party Technology and (c) Pedius cannot guarantee that the Software shall always be available on or in connection with such Third-party technologies.

4.4 Third Party Notices. The Software and Pedius Websites may include third party code that Pedius, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by Pedius.

5. USE OF THE SOFTWARE AND PRODUCTS AND PEDIUS WEBSITES

5.1 Equipment: In order to use the Software and the Products you will need an Internet connection. You are responsible for providing all equipment required to access the Internet or enable communications.

5.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

5.3 Updates to the Software: Pedius may automatically check your version of Pedius. We may also automatically download configuration changes and updates to the Software from time to time. You may be required to update the Software in order to continue using Pedius. You agree to accept such updates subject to these Terms unless other terms accompany the updates. Pedius is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the Software or that updated Software will be compatible for use with end users running older versions of the Software.

5.4 Suspension, technical improvement and maintenance: From time to time, Pedius may need to perform maintenance on or upgrade the Software, Products or Pedius Websites or the underlying infrastructure that enables you to use the Software, Products or Pedius Websites. This may require Pedius to temporarily suspend or limit your use of some or all of the Software, Products or Pedius Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Pedius will publish the time and date of such suspension or limitation on the Pedius Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or Pedius Website.

5.5 No Access to Emergency Services: Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) Pedius is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) the Software and the Products are not a replacement for your primary telephone service.

5.6 Content of Communications: Pedius is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that the content of communications that you submit may be transmitted to the recipient of your communication.

Pedius reserves the right to review content submitted on or through the Software, Products and Pedius Websites for the purpose of enforcing these Terms. Pedius may, in its sole discretion, block or otherwise prevent delivery of any communication to or from the Software, Products and Pedius Websites as part of our efforts to protect the Software, Products, Pedius Websites or our customers, or to otherwise enforce these Terms.

The following rules apply to your conduct and content when using the Software, Products and Pedius Websites:

(a) Do not use the Software, Products or Pedius Websites to do anything illegal. You are responsible for your actions and the consequences of your actions.

(b) Do not send spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests.

(c) Do not upload, download or share inappropriate images (e.g. nudity, bestiality, pornography).

(d) Do not upload or share images or engage in any activity that exploits or harms children.

(e) Do not engage in activity that is false or misleading (e.g. attempting to ask for money under false pretenses or impersonating someone else).

(f) Do not engage in activity that is harmful to our Software, Products, Pedius Websites or their users (e.g. viruses, stalking, engaging in hate speech, advocating violence against others).

(g) Do not infringe upon the legal rights of others (e.g. unauthorized sharing of copyrighted music, photographs and other content).

(h) Do not engage in activity that violates the privacy of others.

(i) Do not circumvent, disable or otherwise interfere with the security related features of the Software, Products or Pedius Websites or features that prevent or restrict the use of any content.

We may ask you to remove your content if it violates these Terms or the law. Failure to comply may result in loss of access to, or cancellation of, your User Account. Additionally, Pedius may remove your content without asking you if we determine it is in violation these Terms or the law or if we receive a notice of intellectual property infringement from a third party.

5.7 Quality: Pedius cannot guarantee that the Software, Products or Pedius Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or Pedius Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Pedius takes no responsibility for any speech synthesis and recognition technology errors. Pedius takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

5.8 Changes to Products: Pedius is constantly improving the Software and Products and may change them at any time. Additionally, there are reasons why Pedius may stop providing the Software and Products (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in paragraph 11.2. As a result of such changes, you may need to use an upgraded version of the Software. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Pedius Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.

5.9 Unsolicited Ideas Pedius does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Pedius through the Pedius Website or otherwise, you acknowledge and agree that Pedius shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

5.10 Reports Certain parts of the Pedius Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Pedius. Pedius shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Pedius will not be treated as confidential and Pedius shall not be liable for any disclosure of the Reports.

5.11 Linking You may link to the Pedius Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Pedius where none exists. You may not frame the Site on any other site.

6. YOUR OBLIGATIONS

6.1 User Account. Prior to your first use of the Pedius Software, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Pedius takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.

6.2 Lawful Use: You must use the Software, Products and Pedius Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or Pedius Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or Pedius Websites where you are located.

6.3 Prohibited Use: You may not:

(a) intercept or monitor, damage or modify any communication which is not intended for you;

(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, Pedius Websites, communication or protocols;

(c) send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Software, Products or Pedius Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;

(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

(e) use the Software, Products or Pedius Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or

(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or

(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or Pedius Websites;

(h) impact or attempt to impact the availability of the Software, Products or Pedius Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;

(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or Pedius Websites. Notwithstanding the foregoing, you agree that Pedius grants to the operators of public search engines permission to use spiders to copy materials from the Pedius Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Pedius reserves the right to revoke these exceptions at any time.

6.4 User Submissions Please exercise respect when participating in any features of the Pedius Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the Pedius Websites or of the Pedius Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the Pedius Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Pedius has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Pedius Websites or through the Software; (iii) Pedius does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Pedius is not responsible for any User Submissions that you may have access to through your use of the Pedius Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. Pedius does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.

In connection with your User Submissions, you represent and warrant that you

(i) own or have the necessary licenses, rights, consents, and permissions to use and authorise Pedius to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and

(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the Pedius Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant Pedius a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the Pedius Websites and Pedius’s Software and Products including for the purpose of promoting or redistributing part or all of the Pedius Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the Pedius Website and/or Pedius’s Software or Products a non-exclusive license to access your User Submission through the Pedius Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the Pedius Websites and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.

You may not submit or publish through the Pedius Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Pedius Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Pedius Website or Software or features that prevent or restrict the use of any content thereof.

6.5 Your Information: Pedius may request information from the user, such as an email address, for the purpose of providing information to the Software or the Products, to ensure the correct operation of the service and for the pursuit of a legitimate interest by the data controller. The user must ensure that this information is complete, up-to-date and accurate.

6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.

6.7 Export Restrictions: The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.

7. PROPRIETARY RIGHTS

7.1 The Software, Products and Pedius Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.

7.2 Pedius and/or its licensors retain exclusive ownership of the Software, Products and Pedius Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with Pedius’s intellectual property rights in the Software, Products and/or Pedius Websites.

7.4 “Pedius”, associated trademarks and logos are trademarks of Pedius. Pedius has registered and filed applications to register its trademarks in many countries worldwide. Pedius’s trademarks and trade dress may not be used in connection with any product or service that is not Pedius’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pedius. All other trademarks not owned by Pedius or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Pedius’s intellectual property (in whole or part) or that is confusingly similar thereto.

8. CHARGES

8.1 Calling phones and premium rate numbers with Pedius Credit:

(i) Calling landlines and mobiles: The charges payable for calling phones (outside of a subscription) don’t consist of a connection fee (charged once, per call)

(ii) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute.

For per-minute rate see on www.pedius.org/en/offer.

8.2 Tax: Pedius may collect indirect taxes according to the UK VAT rate of 20%.

8.3 Third-Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

9. PAYMENT

9.1 Pedius Credit. You can pay for select Paid-For Products using Pedius Credit. You can purchase Pedius Credit using any payment method made available to you by Pedius from time to time. The Pedius Credit that you purchase will be credited to your User Account at the time of purchase (or if you are using a Pedius Credit voucher, at the time you redeem that voucher).

10. ENDING YOUR RELATIONSHIP WITH PEDIUS

10.1 You may terminate your relationship with Pedius at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Pedius Websites and cancelling any recurring payments.

10.2 Pedius may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or Pedius Websites at any time and without recourse to the courts:

(a) if you are in breach of these Terms;

(b) if Pedius reasonably suspects that you are using the Software, the Products and/or Pedius Websites to break the law or infringe third party rights;

(c) if Pedius reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.

(d) if Pedius reasonably suspects that you are using our Products, Software and/or Pedius Websites fraudulently or that your User Account is being used by a third party fraudulently;

(e) if you have purchased Pedius Credit from an unauthorised reseller;

(f) immediately, if (in Pedius’s reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of Pedius’s partners;

(g) on thirty (30) days notice if Pedius decides to cease offering the Software to users in your jurisdiction generally.

10.3 Pedius shall effect such termination by preventing your access to your User Account, the Software, Products and/or Pedius Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

10.4 Consequences of Termination: Upon termination of your relationship with Pedius: (a) all licenses and rights to use the Software, Products and/or Pedius Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or Pedius Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

11. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

11.1 For the purposes of this paragraph 11, “Pedius” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

11.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND PEDIUS WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; PEDIUS DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR PEDIUS WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PEDIUS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR PEDIUS WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES PEDIUS WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.

11.3 Nothing in these Terms shall exclude or restrict Pedius’s liability for (a) death or personal injury, (b) loss resulting from Pedius’s wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.

11.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT PEDIUS WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO PEDIUS, IN CONNECTION WITH OR ARISING FROM YOUR USE OF PEDIUS WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR PEDIUS WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR PEDIUS WEBSITES.

11.5 Limitation of Liability: Subject to paragraphs 11.3 and 11.4 above, Pedius shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Pedius, for:

(a) any indirect, special, incidental or consequential damages; or

(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or

(c) any damage to or corruption of data (whether direct or indirect);

(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:

(i) your inability to use the Software, including any Enabled Versions, to contact Emergency Services;

(ii) your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above;

(iii) the limitations set out in paragraph 5.6;

(iv) your failure to provide accurate physical location information to an Emergency Services operative; or

(v) conduct of third party Emergency Services operatives and calling centres to which you may be connected.

(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:

(i) any product or service provided by a third party under their own terms of service;

(ii) any Third Party Technology;

(iii) any Third party website.

11.6 Subject to paragraphs 12.3 – 12.5 above, Pedius’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF AN YEAR OF FREE SERVICE.

11.7 If any third party brings a claim against Pedius in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Pedius harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

12. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY

Pedius is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with Privacy Policy.

13. HOW TO CONTACT PEDIUS

13.1 To contact Pedius by email: www.pedius.org/en/contact/

13.2 To contact Pedius by post address: Pedius srl, Via Boezio 4/C, 00193 Roma

14 MISCELLANEOUS

14.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Pedius.

14.2 For your convenience, Pedius may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Pedius.

14.3 These Terms (and where applicable, the Microsoft Software License Agreement) constitute the entire agreement between you and Pedius with respect to your use of the Software, Products and/or Pedius Websites and replace any prior agreements between you and Pedius with respect to the Software, Products and/or Pedius Websites.

14.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

14.5 The failure by Pedius to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Pedius’s right or remedy. If Pedius waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

14.6 You may not assign these Terms or any rights or obligations contained in them. Pedius may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

14.7 This paragraph 14, along with paragraphs, 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

14.8 You acknowledge and agree that if Pedius is unable to provide the Software, Products and/or Pedius Websites as a result of a force majeure event, Pedius will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Pedius.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR PEDIUS WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO PEDIUS THE RIGHTS SET FORTH HEREIN.

© Pedius – Last updated: May 2018