Twproject Cloud – Terms of service

The following terms constitute an agreement between you registered user and TWproject Srl (“we or us or TWproject”). This agreement (“Terms of Service”) governs your use of the Twproject hosted service, which you access on Twproject  server farms (You or the Customer).

BY REGISTERING A USER NAME WITH AND USING THE Twproject hosted service, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE.

Please review these terms carefully. You agree to transact with us electronically, you consent to the information practices disclosed in the Twproject Privacy Policy, you consent to resolve in Florence, Italy any dispute that you may have with us. Please note that we offer the Twproject hosted service without warranties.

The user grants TWproject the right to include the user as a customer in Twproject’s promotional material. User can deny TWproject this right by submitting a written request via email to info@twproject.com, requesting to be excluded from Twproject promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.

About Twproject hosted service

Twproject hosted service consists of the application offered at the web addresses hosted on Twproject web farms to which you gain access by registering your user name as a Twproject hosted service user; the service you gain access to by registering is called your Twproject environment. It will run on a cloud server dedicated to you. Your TW environment is backed up daily with 30 days retain. Your instance is completely deleted after a week if you do not renew your payment. Upgrades to latest releases are free and made by TW.

Change to these Terms of Service

These Terms of Service govern your relationship with us. We may change these Terms of Service at any time. We will provide at least ten (10) days notice before any material changes take effect. If you disagree with the changes to these Terms of Service, simply discontinue your use of the Twproject hosted service before the modifications take effect. Your ongoing use of Twproject hosted service after the changes take effect signifies your agreement to the new terms.

Payments, registration and refunds

We will open a registered account and corresponding Twproject environment for you when you complete your registration and payment. You will receive by mail a user name that will be identified with your account and Twproject environment. You will also receive by mail a password to access your account. Your user name and password are your credentials to give you access to the Twproject hosted service. You must be legally competent to enter into contracts. You may not have a user name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any user name that we determine in our discretion is unacceptable for use on the Twproject hosted service.

The Service is billed in advance on a yearly/monthly basis and is non-refundable. We don’t prorate for partial year/month usage.

Twproject hosted service Information

The Twproject Privacy Policy explains the information practices that apply to your Twproject hosted service information, as well as the choices you can make about the ways this information is used by the Twproject hosted service and its affiliated providers. You consent to the transfer of this information to and within countries for processing and storage by us. Additionally, you agree that we may use your user name to authenticate you on the Twproject hosted service.

Inactive Status

In addition to the termination rights that we have under these Terms of Service, we also reserve the right to deactivate your user name and Twproject environment if all the users of the environment have been inactive for more than 60 days. The only exception to this rule is if your Twproject environment is assigned to a fee-based service for which you are a subscriber in good standing. This means you must use your account regularly, such as, by logging into a Twproject hosted service with your user name in order to keep your registration active. If we deactivate a login name, we have the right to reassign that user name to another user.

Your Responsibilities

You are responsible for all activities under your account and Twproject environment, including the use of your account and user name by others. The service is provided on an “as is” and “as available” basis. You are responsible for keeping your password confidential. You may use the Twproject hosted service for lawful purposes only. You may not submit or transmit through the Twproject hosted service any material, or otherwise engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including TWproject, Twproject , and its employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • violates these Terms of Service, guidelines or any policy posted on the Twproject hosted service, or
  • interferes with the use of the Twproject hosted service by others.

Moreover the following general conditions hold:

  • Your use of the on line Twproject service is at your sole risk. Technical support is only available via the online support site at https://www.twproject.com/support, unless you have a standing support contract with TWPROJECT
  • You understand that TWproject uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the on line Twproject service.
  • You must not modify, adapt or hack the on line Twproject service or modify another website so as to falsely imply that it is associated with the on line Twproject service, TWproject, or any other TWproject service.
  • You understand that the technical processing and transmission of the on line Twproject service, including your contents, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by TWproject) of other Twproject customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  • Although we attempt to ensure the integrity of our service, TWproject does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the on line Twproject service will be corrected. If a situation arises in which service’s completeness or correctness is in question, please contact us via our contact information provided on our Support page
  • You expressly understand and agree that TWproject shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TWproject has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of TWproject to exercise or enforce any right or provision of the Terms of on line Twproject service shall not constitute a waiver of such right or provision. The Terms of on line Twproject service constitutes the entire agreement between you and TWproject and govern your use of the on line Twproject service, superseding any prior agreements between you and TWproject (including, but not limited to, any prior versions of the Terms of on line Twproject service).

You may not use the Twproject hosted service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Twproject hosted service. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

Content mean all information, data, code, video, images, text, documents or other materials of any type that is uploaded, posted, emailed, transmitted, submitted or otherwise made available to or through the Service by you or any of your Individual Users, regardless of whether it is publicly posted or privately transmitted. All content is the sole responsibility of the person from whom such content originated. This means that you, and not TWproject, are entirely responsible for all content that you upload, post, email, transmit, submit or otherwise make available via the Service. TWproject does not control the content posted via the Service and does not have access to such content (except account-related information or unless authorized by you). As such, TWproject does not and cannot guarantee or endorse the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will TWproject  be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service. You acknowledge that TWproject does not pre-screen content, but that TWproject and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any content that is available via the Service.

Personal content responsibilities:

The Customer: (i) represents and warrants that it has all the knowledge and capabilities required for a proper use, administration and management of the Platform, the Software and the SaaS Service; (ii) represents and warrants that (a) it holds every right required and it has every title necessary to load, modify, integrate, share the information, project documents, files and, more generally, all that is part of the Customer Database; (b) that all that is part of the Customer Database does not infringe any third party’s right; (iii) represents and warrants that it has the title also in relation to the loading and processing, on and through the Platform, of personal and contact data of the Platform Users and/or third parties (e.g. personal data of third party subjects contained in the project documents and related to the development of specific projects). The Customer also represents and warrants that it has obtained such personal and contact data in accordance with the currently applicable legislation on personal data protection and based on a suitable legal basis pursuant to article 6, paragraph 1, of the GDPR and that it processes it in its capacity as data controller pursuant to article 24 and the following of the GDPR; (iv) expressly undertakes to hold harmless Twproject from any direct and/or indirect damage that may be claimed against Twproject for the loading (and use) of the Customer Database on the Platform, as well as any liability for any direct and/or indirect damage that may be claimed against Twproject by any breach by the Client of the applicable legislation on personal data protection in relation to contact and personal data loaded by the Customer, entered, saved and processed on the Platform.

Twproject hosted service

We may change or discontinue any Twproject hosted service or feature at any time and without notice. We may impose general operating rules for the Twproject hosted service. For example, we may establish limits on storing, uploading or downloading any data or impose time outs if you are idle on a particular Twproject hosted service.

No Spam

You may not use Twproject hosted service to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

You also understand and agree that Twproject may include certain communications from Twproject, such as service announcements and administrative messages, and that these communications are considered part of Twproject membership and that you will not be able to opt out of receiving them.

Your Data and Account

We do not control the content of Service Data, and, because of security features in the Platform, in most cases we are unable to read such content. Under the GDPR and similar laws, Twproject is considered your Processor of any Personal Data in the Service Data.

Twproject Processes Personal Data in the Service Data pursuant to the instructions of the relevant Customer or as required by applicable law, as described in this Terms of Service. For any instance activated on Twproject cloud service, the relevant Customer is the one that Twproject authorizes to control the administrator account. Specifically, you are the Controller for all information submitted by any User to your Workspace.

The User by separate Data Processing Agreement attached as Addendum to these Terms of Service, of which it is an integral part appoints Twproject as its Data Processor in relation to personal data, collected and processed in performing this Agreement, assigning to Twproject, in its capacity as data processor, the tasks and responsibilities envisaged by Article 29 of the Privacy Code and by Article 28 of the GDPR.

Your Data

you retain all rights to any and all of Your Data, subject to a license to Twproject as necessary to provide the Services hereunder. Each Party shall apply reasonable technical, organizational, and administrative security measures, as appropriate relative to the Services, to keep Your Data protected in accordance with industry standards.  You shall comply with all intellectual property laws and obligations related to Your Data, as well as all legal duties applicable to you by virtue of using the Services, including providing all required information and notices and obtaining all required consents. If Twproject reasonably believes a problem with the Services may be attributable to Your Data or Your’s use of the Services, You shall fully cooperate with Twproject to identify the source of and resolve the problem. This Agreement states Twproject’s exclusive obligations with respect to care of Your Data. Twproject will automatically delete any remaining Your Data and Your Account after such account has not been renewed for 7 days after expiration. You must request Your Data, if desired, prior to deletion by Twproject as stated herein.

Your Account

In consideration of your use of the Service, you represent and warrant that (i) your use of the Service does not violate any applicable law or regulation, and (ii) you access the Service through one or more humans. Accounts registered by “bots” or other automated methods are not permitted. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TWproject has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TWproject has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Your Account Access/Instructions: The Customer Account owner and any authorized Users will have access to information in the Customer Account, subject to the account’s sharing settings. Twproject will not provide access to any other person or entity at any time, except with the Customer Account owner’s prior consent. You agree that Twproject may rely on instructions given by the Customer Account owner either through the Account dashboard or via email from the address on file at Twproject for the Customer Account owner. You agree not to request access to or information about an account that is not owned by you. In the event of a dispute regarding Your Data, Twproject will only release information to persons other than the Customer Account owner pursuant to a court order or other notarized waiver and release as determined by Twproject. Customer is solely liable and responsible for understanding the settings, privileges, and controls for the Services and for controlling whom Customer permits to become a User and the settings and privileges for such User, including, without limitation, the right for a User to invite other Users to use Customer’s Services, the right to incur charges on the Customer Account, and the right to access, modify or share tasks or projects, etc. You are responsible for the activities of all of your Users, including orders they may place and how Users use the Your Data, even if those Users are not from your organization or domain.

Access Costs

You must provide at your own expense the equipment and Internet connections that you will need to access Twproject hosted service. Those costs are in addition to any fees you pay if you elect to subscribe to any fee-based Twproject hosted service.

We Make No Warranties

We provide the Twproject hosted service as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A TWPROJECT REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Twproject hosted service at your own risk.

Limitation of Liability

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR PARENT’S AND OUR AND OUR SUPPLIERS CUMULATIVE LIABILILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE Twproject hosted service EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Termination

We may terminate and/or suspend your account or user name immediately, without notice, if there has been a violation of these Terms of Service, if your account has been deactivated for inactivity (see the Inactive Status section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use Twproject hosted service will end once your account is cancelled or terminated, and any data you have stored on the Twproject hosted service may be unavailable later.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Twproject hosted service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

Your affirmative act of registering for a user name for Twproject hosted service constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Twproject hosted service (collectively, Notices). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with Twproject hosted service, or (3) by posting the Notice on Twproject hosted service or otherwise through the Twproject hosted service. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of Twproject hosted service.

In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link on the web site http://www.twproject.com. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This contract constitutes the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

This User License Agreement is governed by Italian law. In the event of disputes, this agreement shall be exclusively subject to the jurisdiction of the Court of Florence – Italy.

Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on Twproject hosted service in a way that constitutes copyright infringement, please send a mail to info@twproject.com to report possible copyright infringement.

 

Trademarks

All trademarks appearing on the http://www.twproject.com web site and subdomains are the property of their respective owners.

Addendum

Data Processing Agreement