NOTE: This is an automated translation from the original Terms&Conditions, written in Italian.
This translation is only offered only as an user support and is not the official Ermes Web-Care terms and conditions
The original T&Cs, which are effective when you use the Product, are available at this link
These general conditions of use (hereinafter “General Conditions”) govern the use of software solutions developed by Ermes Cyber Security S.r.l. (tax code, VAT number and registration number in the Turin business register no. 1171620019, with registered office in Corso Bernardino Telesio no. 29, Turin (hereinafter also “ECS”), by end users (hereinafter the ” Users “).
In particular, ECS makes available to its Users the software solutions it owns in the field of IT security. These solutions (hereinafter also referred to collectively as the “Software”) allow Users to understand their exposure to the dangers deriving from browsing the web and provide an advanced protection system against such dangers. The Software can be installed on a personal computer and is compatible with Chrome and Edge browsers and with Windows, Mac and Linux operating systems [as indicated on the Ermes website –htttps: //webcare.ermes.company/faq]. The set of activities carried out by ECS to allow Users to use the Software is also referred to as a whole as the “Services”.
2. Access to Software, Trial and Duration of Services
2.1 The access to and use of the Software by the User depends on the prior acceptance of these General Conditions by the User. The General Conditions, together with the Order Confirmation (as defined below) constitute a contract between ECS and the User and contain important information regarding the rights and obligations associated with the use of ECS Software.
2.2 The contractual relationship between ECS and the Users begins when the Software is downloaded to the User’s devices. In order to use the Software, Users are also required to register by creating an account on the ECS website, http: //webcare.ermes.company.
2.3 At the time of creating their Account, all Users have the opportunity to use the Software in trial mode for a period of 7 (seven) days (hereinafter the “Trial”). Before activating the Trial, the User will be asked, in view of the use of the Software following the Trial, to select:
a) the duration of your subscription plan, which may be monthly or yearly;
b) the number of browsers covered by the license to use the Software: ECS provides subscriptions that cover, respectively, one, three or five browsers. In the case of subscriptions including multiple browsers, the User will be able to allow the use of the Serviceseven by different people (eg. their family members), referred to below as “Secondary Users”, provided they are within the limit of the number of browsers covered by the subscription.
2.4 The activation date of the Trial and of the subsequent subscription for the Services, together with the User’s preferences regarding the duration of the subscription and the number of devices, will be reported by ECS in a document (the “Confirmation of Order “) which will be sent to the email address provided by the User during registration and will remain accessible at any time through the User’s account.
2.5 The User, following the activation of the Trial, if he wishes, can proceed to enter the data relating to the chosen payment method, or decide to postpone this procedure to a later time. In the event that the User, at the end of the Trial period, does not wish to confirm the activation of the Services, he can withdraw by selecting the appropriate option through the dashboard of his Account by the end date and time of the Trial, at no cost, as in any case the charge will not be made before the end of the Trial.
2.6 Once the Trial has been concluded, the User can continue to use the Services according to the chosen plan, monthly or yearly, it being understood that the subscription will be renewed automatically in both cases upon expiry, until the notice of termination sent. by the User through their account. The cancellation will allow you to avoid renewal of the subscription for the following month or year, depending on the chosen plan, if sent:
– in the case of monthly subscriptions, within the day before the renewal date;
– in the case of annual subscriptions, within the day before the renewal date.
3. Right of withdrawal
3.1 Pursuant to the Consumer Code (Legislative Decree No. 205/2006), the User has the right to withdraw from the agreement concluded with ECS within 14 (fourteen) days from the date of sending the order reported in the Order Confirmation.
3.2 By accepting these General Conditions, the User acknowledges that the provision of Services proposed by ECS will start before the expiry of the period in which the User enjoys the right of withdrawal and expressly requests to start using the Services before this deadline, pursuant to art. 51, co. 8 of the Consumer Code.
3.3 The exercise of the right of withdrawal by the User will entail the return, by ECS, of the fees already paid by the User, with the limit set forth in the following Article 3.4, using the same payment method used by ‘User to pay such fees.
3.4 Pursuant to Article 57, par. 3 of the Consumer Code, in the event that the User exercises his right of withdrawal after the conclusion of the Trial, and in any case within fourteen (14) days from the confirmation of the order, ECS will have the right to withhold from the refund due to the User an amount proportional to the number of days during which the User has used the Services (excluding the Trial period), calculated on the basis of the total price indicated in the Order Confirmation.
4. Obligations of ECS
4.1 For the duration of the Services, ECS guarantees updating, maintenance and technical support services in order to ensure the resolution of technical problems, the security of the Software and the stability and compatibility of the Software with the Users’ devices. To this end, ECS will be available to respond to any requests from Users aimed at solving problems of a technical nature, via the following email address: support.webcare@ermes. company
4.2 ECS also makes the following contact details available to Users for the resolution of administrative, contractual or other problems:
5.1 By accessing the Services (during the Trial and subsequently) and paying the relative fees, the User obtains a license valid worldwide, non-exclusive, non-transferable, with a duration corresponding to what is defined in accordance with Article 2 , for the installation and use of the Software on the devices and in the manner provided for by these General Conditions and the Order Confirmation.
5.2 The User remains solely responsible for the accesses made through their account and, to this end, undertakes to take all necessary measures to safeguard their access data and ensure their confidentiality. In particular, the User undertakes not to communicate his / her access data to third parties and not to allow the use of his / her account by others, except as strictly necessary to allow the use of the Services by Secondary Users in the case of subscriptions for multiple browsers.
5.3 In addition to the obligations set out in Article 7 (Intellectual Property), the User undertakes not to use the Software to upload, transmit or otherwise make available any content:
(i) which is or may be considered illegal, harmful, obscene, tending to instigate violence or racial hatred, damaging the privacy and safety of others;
(ii) infringes any intellectual property right or property right of others;
(iii) that contains computer viruses or other codes or programs designed to interrupt, damage or limit the functionality of the Software and / or Users’ devices.
5.4 The User guarantees that all information provided to ECS in relation to the access and / or use of the Software is always true, accurate and complete.
5.5 The User undertakes to regularly pay the fees due for the use of the Software, as defined in the Order Confirmation and as possibly subsequently updated. The payment of the fees will in any case take place on the day of the subscription expiration, regardless of the duration of the subscription chosen by the User (monthly or annual).
6. Changes to the Services and to the General Conditions
6.1 ECS reserves the right to update and modify the General Conditions or the characteristics of the Software or Services at any time, notifying the User with a notice of at least 15 (fifteen) days, except in cases of impossibility. This update can be justified for various reasons, including, by way of example but not limited to, the need to evolve its products or services, the update for technical or safety reasons, the need to adapt to new regulatory provisions or standards of cyber security or other business needs. By continuing to use the Software after receiving the communication relating to the modification of the General Conditions, the User shows that he accepts the modification communicated by ECS.
6.2 ECS may vary, within reasonable limits, the amount of the fees for the Services and will inform Users at least 30 (thirty) days in advance of the date of entry into force of the new rates. In any case, it is understood that the updated rates will apply to the User not before the renewal date of the Services (monthly or yearly depending on the option chosen), without prejudice to the right of cancellation in any case granted to the User.
6.3 ECS may also decide, in the future, to permanently discontinue the Software and Services. In this case, ECS will notify Users with reasonable notice of its intention not to renew the existing subscription upon expiry. In the event that ECS is unable to guarantee Users the use of the Service until the next renewal date (in particular, with reference to annual subscriptions), ECS will notify Users of its withdrawal from the agreement and the consequent date of termination of the ‘subscription and will renounce the portion of the fees relating to the portion of the subscription not used by the User.
7. Downloads and payments
7.1 The access to the ECS Software takes place latermind when downloading it from the reference store of the User’s browser. ECS is not responsible for the download phase managed by the store.
7.2 For the payment of the fees, ECS makes use of the services of third party suppliers (eg Braintree, PayPal). ECS is not responsible for the payment process, to which the terms and conditions of the third party suppliers in question will apply and for the performance of which the User will be redirected to the respective sites of these suppliers.
8. Intellectual property
8.1 The User declares to understand that all intellectual property rights (including, without limitation, copyrights on software, graphics, texts, sounds and images) relating to the Software are owned by ECS or ECS has obtained the necessary authorizations for their use.
8.2 The User undertakes to refrain from any behavior that is harmful to the intellectual property rights of ECS or owned by third parties, in any capacity whatsoever incorporated into the Software. By way of example, the User undertakes not to copy, reproduce, translate, adapt, modify, distribute to the public, in whole or in part, even temporarily, the Software or any component contained therein and not to create derivative works from itself, without the prior written consent of ECS.
8.3 The User acknowledges and agrees not to hold any rights in the Software or the Services, except as expressly provided for in these General Conditions.
8.4 The User must not employ or make available to third parties technological expedients or measures aimed at circumventing the conditions imposed by ECS for access to the Software and Services.
9. Links to external or third party sites
9.1 The Software may contain hyperlinks (“links”) to third party sites or Internet resources that are not owned or controlled by ECS. The presence of these links in the Software does not imply any guarantee on the part of ECS regarding the content of such sites.
10. Processing of personal data
10.1 ECS will process any personal data collected in compliance with the current legislation on the protection of personal data (in particular, the EU Regulation 2016/679, “GDPR”, and Legislative Decree 196/2003, “Code of Privacy “Italian) and any other legislation applicable from time to time. In this regard, Users’ data will be processed according to the terms set out in the ECS Privacy Notice https://webcare.ermes.company/privacy -policy .
11. Responsibility of ECS
11.1 The Software is provided to the User in the state in which it is found. ECS, while committed to the continuous evolution and maintenance of its Software, cannot guarantee the immunity of Users’ devices from external threats such as malware, viruses or other forms of cyber attacks.
11.2 The evaluation of the compatibility of their devices with the Software will be up to the User who will also be responsible for the use of the Software on their devices.
11.3 The liability of ECS under these General Conditions and the Order Confirmation will be limited to damage caused by willful misconduct or gross negligence and will not extend to the hypothesis of indirect damage or loss of profit.
11.4 In any case, the overall liability of ECS for any damage caused to the User may not exceed the amount paid by the User by way of consideration in the 12 (twelve) months prior to the allegedly harmful event.
12. Notices of violation of the General Conditions; suspension and cancellation of the Account
12.1 ECS reserves the right to investigate and prosecute, within the limits of the law, any violations of the General Conditions, where necessary the intervention of the competent authorities will be required.
12.2 In case of violation by the User of these General Conditions and / or the rules for using the Software, ECS reserves the right to:
(i) to remind the User to comply with the obligations imposed on him by these General Conditions;
(ii) suspend and / or cancel the User’s subscription;
(iii) suspend and / or cancel the User’s account.
(iv) prevent the User from using the Software.
12.3 The exercise of the aforementioned powers does not in any case imply waiver by ECS of the legal actions that the law provides for the protection of rights.
13. Applicable law and dispute resolution
13.1 The law applicable to these General Conditions, their interpretation and any dispute relating to them is Italian law.
13.2 It is in the interest of ECS to resolve amicably any dispute that may arise from the use of the Software. For this reason, ECS asks Users, as a first step, to bring any problem to the attention of ECS by sending a written complaint to Ermes Cyber Security S.r.l., via the email address email@example.com . In the event that a User deems ECS’s response insufficient or unsatisfactory, he can submit a request for mediation to the Mediation Body of the Turin Arbitration Chamber (www.adrpiemonte.it). The mediation procedure cannot last more than 3 (three) months from the moment of submission of the application (based on art. 6, Legislative Decree no. 28/2010). For the entire duration of the mediation procedure, the parties involved undertake not to take any legal action in relation to these General Conditions.
Pursuant to art. 1341 of the Civil Code, the User expressly declares to accept the provisions referred to in articles: 2.6 (automatic renewal), 6.3 (ECS withdrawal), 11 (ECS responsibility) and 12 (Notices of violation of the General Conditions; suspension and cancellation of ‘Account).
By accepting these General Conditions, the User expressly requests to start using the Services before the expiry of the withdrawal period provided for the User, pursuant to art. 51, co. 8 of the Consumer Code.