Terms and conditions App AiDEA/MyAiDEA
Your access to and use of the App is subject to the following terms and conditions (hereinafter the "Terms and Conditions").
The obligations and guarantees hereunder specified are accepted by the user both independently and on behalf of any third party linked to him/her (e.g., Customer) and authorized by it to use the App.
Please read the following terms and conditions carefully before downloading and using the App.
© Trueblue S.p.a. 2022. All rights reserved.
1. TERMS AND DEFINITIONS
1.1 With the terms “Trueblue” or the “Company”, Trueblue intends to refer to Trueblue S.p.a., a Company with registered office in Viale del Lavoro 33, 37135 Verona, Italy, VAT IT03258370232.
1.2 With the term “App” and “App Content” for the purposes of applying the provisions set out in these Terms and Conditions, Trueblue intends to refer to any content and IT-based technical element of the App “AiDEA/MyAIDEA”, including – by way of example but not limited to – the software that allows the App to be operative and related codes, electronic databases, algorithms, texts, photographs, press round-ups, animations, audio and video files regardless of format, the reproduction of trademarks, logos, trade names of products and/or services, etc., technical solutions adopted, graphics, structure and any other part of the App already created or to be created in the future, as well as all of the information, material and data on the App and other content represented by – by way of example but not limited to – texts, images, graphics, files, software of all kinds, audio, video, virtual animation, multimedia and/or hyperlinks, regardless of their format, the media they contain, extension (by way of example but not limited to: mp3, wav, jpg, mpeg, gif, doc, etc.), size, version used and techniques used to distribute and/or transmit these.
1.3 With the term “User Contents”, Trueblue intends to refer to any communications, images, and all the material, data, and information that Customer and its authorized users upload, transmit or otherwise manage through the use of the App.
1.4 With the term "Customer”, Trueblue intends to refer to the entity with which the user is employed, affiliated or associated and that wishes to use the App, in the context of the Master Service Agreement (“MSA”) stipulated with Trueblue.
1.5 With the term “You”, “you” or “user”, Trueblue intends to refer to the individual that accepts the terms of these Terms and Conditions on behalf of the Customer.
1.6 With the term “Intellectual and Industrial Property Rights”, used in relation to the App, Trueblue intends to refer to all rights recognized and protected by applicable national and international laws, including – by way of example but not limited to, with respect to all countries of the world and without any limitations – any claims arising from patents (including the right to deposit the patent request), present or future copyrights, company and/or service trademarks (whether registered by or merely used by Trueblue), distinguishing features, brands, commercial trade names, companies, logos, know-how, domain names, databases and all relative applications.
2.1. The present Terms & Conditions are part of each contractual agreement by which the Customer purchased the licenses to use Trueblue AiDEA/MyAiDEA solutions, or any other Trueblue services incorporating AiDEA/MyAiDEA Apps. The present Terms and Conditions are governed by the Master Service Agreement between Trueblue and Customer, which must be considered an integral part hereof, and supplement certain terms of the MSA, solely with respect to the App.
2.2 The App is not intended for general public use, but only for authorized users as described under 1.4-1.5 of the current Terms and Conditions.
2.3 The App allows Trueblue Customer, through their authorized users, to use the AiDEA/MyAiDEA solution from Supported Devices, where a "Supported Device" is a combination of an Apple/Android device model and relevant OS software version(s) that is supported by the App. The App may be provided by Trueblue as a component of the AiDEA/MyAiDEA solutions.
2.4 The use of the App is subject to the acceptance of the Terms & Conditions. The access, download and/or use of the App shall be taken as acceptance - without limitations or reservations - of these Terms & Conditions and/or any other notes, legal notices, advisories or disclaimers published anywhere on the App or in other Trueblue media.
2.5 By accessing, downloading and/or using the App or installing or using the AiDEA/MyAiDEA and/or any updates to such App provided by Trueblue, you are also:
- agreeing to the following terms on behalf of the Customer with which you are employed, affiliated, or associated,
- representing that you have the authority to bind the Customer to these terms, and
- representing that you are an authorized user under the Master Service Agreement agreement between Trueblue and the Customer.
2.6 If you do not intend to accept these Terms and Conditions, if you do not have such authority, or if you are not an authorized user, you shall not download nor use the App. 2.7 These Terms and Conditions are not exhaustive. To that end, Trueblue may include additional provisions relevant to your access and use of the App, which may at a later date be included within these Terms & Conditions and may also be accessible from the App.
3. GENERAL MANDATORY INFORMATION
3.1 The following general mandatory information is stated below in accordance with Article 7 of Legislative Decree No. 70 of 9 April 2003 and Article 2250 of the Italian Civil Code.
The App is owned by the company Trueblue S.p.a., with registered office in Viale del Lavoro 33, 37135 Verona, Italy, VAT IT03258370232; Fully Paid-up Share Capital: Euro € 101.000,00.
The quickest ways to contact and communicate directly and efficiently with Trueblue S.p.a. are tel. +39 045/9200901, fax +39 045/9200950, e-mail firstname.lastname@example.org.
4. GUARANTEES AND USER’S RESPONSIBILITIES.
4.1 The user agrees to use the App in a diligent, correct, and lawful manner and, in particular, the user commits to abstain from activities included in but not limited to the following list:
a. any improper use of the App that violates the law, these Terms and Conditions and any other information published on the App, or any use contrary to morals and ethics;
b. any action that may affect the rights and interests of Trueblue and/or third parties, including rights pertaining to intellectual or industrial property, or any action that may damage, impair or impede the normal use of the App and any IT resources, documents, files and content of any nature stored within it in any way;
c. reproducing, copying, editing, distributing, disclosing or divulging any material and/or information contained on the App to the public in any form, unless such action is expressly authorized by Trueblue.
4.2 The user agrees not to use the App to:
a. upload, publish, send or otherwise transmit or spread any content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, obscene, damaging to the privacy of others, racist, classist or otherwise objectionable;
b. cause harm to third parties, including minors, in any way;
c. fake its own identity by impersonating, for example, a representative of Trueblue, or otherwise lie about their relationship with other parties;
d. create letterheads or otherwise manipulate distinguishing features or references in order to falsify the origin of content transmitted or spread via any means, including any functions contained on the App;
e. upload, post, privately send or otherwise transmit or distribute any content that may not be transmitted or distributed under a provision of law, a contract or a relationship of trust (e.g., insider information and confidential information acquired by virtue of an employment relationship or protected by a confidentiality agreement);
f. upload, post, privately send or otherwise transmit or distribute any content that violates any patent, trademark, trade secret, copyright or other industrial and/or intellectual property rights of third parties;
g. upload, post, privately send or otherwise transmit or distribute any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized or unsolicited materials;
h. upload, post, send or otherwise transmit or distribute any material that contains viruses or other codes or that contains files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment belonging to third parties;
i. disrupt the normal flow of communication, or otherwise act in a manner that negatively affects the ability of other users to use the App;
j. interfere with or disrupt the Content and/or the servers linked to the Content;
k. violate, intentionally or unintentionally, any applicable laws or regulations;
l. stalk or otherwise harass third parties.
The other obligations and guarantees undertaken by users and set out under clause 7 (“Intellectual and Industrial Property”) remain valid.
4.3 In accordance with Article 1229 of the Italian Civil Code, users guarantee to indemnify Trueblue, its representatives, employees, collaborators, associates, and commercial partners against any claims for compensation, including legal costs, that may arise in relation to the use of the App in violation of the obligations set forth under this clause 4.
5. LIABILITY AND GUARANTEE
5.1 Within the limits of the applicable law and regulation, and unless otherwise specified on the basis of generally accepted business practices, Customers acknowledge that the use of the App is at its own risk. The App is provided on an "as is" and "as available" basis. Unless otherwise stated in the Master Service Agreement, Trueblue does not offer any guarantees as to the results expected, desired or obtained by users when using the App.
5.2 Trueblue declines all responsibility for any claims made by Customers regarding their inability to use the App for any reason. Trueblue cannot be held to be in non-fulfillment, nor liable for damages, claims or direct or indirect losses incurred by Customer due to the failure and/or malfunction of electronic equipment belonging to the Customer themselves, users or third parties, including Internet Service Providers, telephone and/or computer connections not directly managed by Trueblue or by parties to whom Trueblue is bound to respond, nor for the actions of other users or other individuals with access to the network. Where the applicable legislation does not exempt Trueblue from liability, such liability shall in any case be limited to the extent of the law.
5.3 Trueblue reserves the right to suspend the use of the App and / or to disconnect the App Content (or any part thereof) at any time, temporarily or permanently, without notice. The user acknowledges that Trueblue shall in no way be liable toward users or third parties for the suspension or interruption of the use of the App and / or App Content.
5.4 Any information (text or graphic-based) contained on the App but deriving directly from suppliers of Trueblue shall not incur any liability for Trueblue, with the individual providers assuming exclusive responsibility for any information, specifications and descriptions contained on the App. Consequently, Trueblue assumes no responsibility for inaccuracies, graphical errors or explicit or implicit guarantees given on the information, the Content and software or the marketability and suitability of the information communicated or offered by suppliers on the App for a particular purpose.
5.5 Trueblue also declines any liability for User Contents such as information (text or graphic-based), documents or materials inserted on the App by users. In any case, it is expressly understood that, at the request of the competent authorities, Trueblue will act immediately to remove such contents as quickly as possible within the timescales necessary for the technicalities of such an operation and will revoke the authorization of the user responsible to access the App.
Trueblue reserves the right to take appropriate action against Customers who do not act in full compliance.
The other obligations and guarantees undertaken by users are set out under clause 7 (“Intellectual and Industrial Property”) remain valid.
6. USER CONTENTS AND LINKS TO OR FROM OTHER RESOURCES ON THE INTERNET (LINKING)
6.1 Trueblue is not required to review, and does not control, User Contents and accepts no responsibility for the aforementioned content and/or material – including advertising – or for any products or services offered therein. Except where otherwise stated, such products or services can in no way be considered sponsored, shared or supported by Trueblue, and therefore the Customer assumes all responsibility for the use and purchase of such services or products.
6.2 The App may include links to other websites and internet resources. The Customer acknowledges and agrees that Trueblue is in no way liable or responsible for the functioning of such external sites or resources, nor for the content contained within them.
6.3 Hyperlinks or links of any other nature based on any form of technology and contained on the App cannot be created without the prior written consent of Trueblue. In any case, the creation of such links, even where authorized, shall not result in Trueblue becoming liable for them. Trueblue reserves the right to request the removal of such links at any time.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1 The App with its App Content, and User Contents are the sole, exclusive property respectively of Trueblue and/or of its licensors or licensees and/or of third parties were indicated and are protected by national and international laws on the protection of Intellectual and /or Industrial Property Rights. Trueblue owns and shall own all the intellectual property rights in and to all elements, versions, improvements, and derivatives of the App. For any questions concerning the use of the Content available on the App and/or questions concerning Intellectual and Industrial Property Rights, please contact Trueblue at the following email address: email@example.com.
7.2 Trueblue grants the Customer a limited, revocable, non-exclusive, non-assignable, non-sublicensable, non-transferable license to access and use the App, in accordance with the Master Service Agreement and these Terms and Conditions. All rights not expressly granted to the user and/or the Customer hereunder are reserved by Trueblue.
7.3 Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included within the App, neither the Customer nor its personnel (users included) may copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the App or App updates, or any part thereof. Any attempt to do so is a violation of the rights of Trueblue and its licensors. If you or any other Customer personnel violate this restriction, you or they, and the Customer, may be subject to prosecution and damages.
7.4 Neither the names “Trueblue” and “AiDEA/MyAiDEA”, nor any of their variants, nor any Content may be used as internet addresses and/or domain names for other App, or as parts of such addresses or domain names, without prior written consent from Trueblue.
7.5 All rights on the electronic databases available and free to consult on the App are reserved to Trueblue. On this point, you are reminded that under Article 102-ter of Law No. 633 from 22 April 1941, the legitimate user of the electronic database available to the general public may not cause prejudice to the holder of copyright or of another associated right in connection to other works or subject matter contained in that database. Furthermore, the legitimate user of a database which is made available to the public in any way may not take action which impairs the normal running of that database, or which may cause unreasonable prejudice to the creator of the database.
7.7 All App Content published on the App has been closely examined and analyzed and created with the utmost care. Nonetheless, errors, inaccuracies and omissions may occur. Trueblue cannot be held responsible – with reference to App Content– for errors and omissions, nor for any assurances you draw from the Content.
7.9 The Customer or the user owns the media or device on which the Software is recorded or stored but Trueblue retains ownership of the App itself.
7.10 The App is available only for Supported Devices and is not available for all devices. Please check with your Trueblue representative to determine whether a specific device-OS software combination is supported by the App.
8. PROCESSING OF PERSONAL DATA
9. MODIFICATIONS, APPLICABLE LAWS AND JURISDICTION
9.1 Trueblue reserves the right to make changes to the App, the Terms and Conditions and other legal notices published anywhere on the App or in other media, at any time. For reference purposes, you must always refer to the text of the Terms and Conditions and of other legal notices published and consider these to be the most up-to-date versions.
Changes will become operative as soon as they are published on the App. The continued use of the App by the Customer after a change has been implemented will be considered as that Customer’s acceptance of the change.
All users can visit the App at any time to check the latest version of the terms and conditions of use of the App, which are updated by Trueblue on a periodic basis.
9.2 The Terms and Conditions, other legal notices published and the relationship between Trueblue and Customer have been set out in accordance with, and are governed by, Italian law, unless otherwise provided by the Master Service Agreement. All disputes between Trueblue and users connected or somehow related to the use of the App and/or its Content fall under Italian jurisdiction and the exclusive regional jurisdiction of the Court of Verona, without prejudice to the mandatory rules of law.
9.3 Where some provisions set out in the Terms and Conditions and/or other legal notices published by Trueblue are deemed invalid or inapplicable, these will still be interpreted in such a way as to reflect the common intentions of Trueblue and the Customer, in accordance with the remaining provisions set out in the Terms and Conditions and/or other legal notices published on the App.
9.4 Trueblue’s failure to exercise the rights and provisions provided for in the Terms and Conditions and/or other legal notices published on the App does not constitute a waiver of such rights and provisions, unless this is expressly declared in writing by Trueblue.
10.1 Trueblue shall be entitled to terminate Customer’s licenses to use the App if Customer or you fail to comply with any of these Terms and Conditions. This Agreement terminates automatically upon termination or expiration of the Trueblue Master Service Agreement between Customer and Trueblue. Trueblue may also terminate these Terms and Condition at any time upon 30 days' notice to Customer without cause, or immediately upon notice to the Customer, if any third party restricts, prevents, or ceases to authorize the installation or use of the App on your Supported Device or over your network.
10.2 Upon any such termination or expiration, the Customer (including its users) shall no longer be permitted to use the App and shall delete or destroy all copies of the App in its (including its users) possession.
10.3 Termination of these Terms and Conditions shall not entitle the Customer to any refund, credit, or other compensation from Trueblue under the Master Service Agreement or any other agreement or from any third party.
11.1 Trueblue is happy to receive information or suggestions from the public regarding the App and/or theirs Services. Customers can contact Trueblue at the following email address: firstname.lastname@example.org or at the postal address indicated above.
Any suggestions or information obtained by Trueblue in this manner will be treated as non-confidential information and may be used without limitations. The user will be held responsible if the information provided to Trueblue violates the rights of third parties.
© Trueblue 2023. All rights reserved.