Terms of Service

By using the “Tech Away” application software, the user acknowledges having read and fully accepts the following terms and conditions, which govern the usage license granted by Cosmobile S.r.l.

1. Definitions

• Subscription. One of the various license plans listed on the website. Subscriptions differ based on features and the number of users.
• Agreement. The agreement for personal data processing, which governs the activities related to the processing of personal data in connection with the Client’s use of the Software, accessible via the following LINK.
• Attachments. Any additional document attached to these terms, whether prepared unilaterally by Cosmobile or expressly agreed upon by the Parties.Client. The individual or legal entity that purchases and uses the Software.
• Contract. The document consisting of these license terms, the economic offers for Subscriptions and Expansions (which are fully incorporated and referenced herein), the Agreement, any Attachments, and the specific terms agreed upon in writing between Cosmobile and the Client.
• Cosmobile. The company Cosmobile S.r.l. (VAT No. 02864441205), located at Via Europa no
• Expansion. The expansion package for the server space associated with the chosen Subscription.
• Parties. Unless otherwise indicated, this refers to Cosmobile and the Client.
• Software. The “Tech Away” application software.
• Website. The website techaway.cloud.
• User. The individual authorized by the Client to use the Software.

2. License Scope

Cosmobile grants the Client a limited, non-sublicensable, personal, non-exclusive, revocable, and non-transferable license to use the Software. The Client has the right to use the Software and its functionalities in accordance with this contract. In compliance with the license, the Client may legitimately allow Users to utilize the Software, within the limits and restrictions set by this Contract: in any case, the Client remains responsible for any action and/or omission that results in a violation of the Contract – even if caused by Users. Similarly, the Client is the only party entitled to assert the rights granted to them by the Contract.

3. License Duration

The license is valid for one year from the date the Software is activated. Upon expiration, the license will not automatically renew, requiring the Client to sign a new contract and pay the corresponding fee. Any free trial periods will not be counted towards the annual term.

4. Trial Period

For promotional and commercial purposes, Cosmobile offers a free 15-day license trial starting from the date of the first activation, without any entitlement being granted to the Client or Users. The trial period is available only for new activations and only once. In any case, Cosmobile reserves the right to deny the trial period or modify its duration at its sole discretion and without explanation. During the trial period, the Client will not incur any financial obligation. After the trial ends, the Client must pay the annual fee to continue using the Software.

5. Fees

The Software is licensed in exchange for a fee, calculated on a monthly basis and paid in advance for 12 (twelve) months, according to the pricing outlined for each Subscription. Any fees for Expansions must be paid under the same terms as the Subscription fees, with an advance payment for 12 (twelve) months in one lump sum. Fees are non-refundable, even partially.

6. Suspension and Termination

The Client acknowledges and agrees that Cosmobile reserves the right to suspend or terminate the provision of the Software under the following conditions: for security and/or confidentiality reasons; in case of a violation of the Contract by the Client or Users; in case of a breach of laws regarding the use of IT services and the internet by the Client or Users; or in cases where it is impossible to resolve issues without suspending the delivery or use of the Software.

7. Liability and Warranties

The Software is provided as-is: except where mandatory legal provisions apply, Cosmobile provides no warranty for the Software and disclaims any responsibility for any direct, indirect, or other damages arising from or related to the Software, its use, or its inability to be used. Cosmobile has no obligation to keep the Software available, correct, improve, and/or develop it, nor to carry out any other activity in connection with it. The Client assumes all risks concerning the quality, performance, and use of the Software’s functionalities. Cosmobile does not guarantee that the Software is free from malfunctions or downtimes, including due to maintenance and/or bugs.

8. Intellectual Property

All intellectual property rights, including related economic exploitation rights, for the Software and its derivative works remain, in whole or in part and globally, the exclusive property of Cosmobile. The Client agrees, pursuant to Article 1381 of the Italian Civil Code, to use the Software within the strict limits of the license and respecting Cosmobile’s intellectual property rights. Therefore, by way of example and without limitation, and subject to any mandatory legal limits, the Client may not: circumvent the technical limitations and technological protection measures in the Software; decode, decompile, or disassemble the Software; publish or cause the Software to be published; commercially exploit the Software in any form. All rights to trademarks, logos, names, domain names, and other distinctive signs associated with the Software and Cosmobile remain with Cosmobile, and the Client may not use them without prior written authorization from Cosmobile.

9. Data Processing

The personal data provided by the Client to Cosmobile for activating the trial period and/or Subscription will be processed in compliance with applicable data protection laws and solely in accordance with the Agreement (accessible via the following LINK), which is fully incorporated herein. Cosmobile will process third-party personal data, including those of employees, collaborators, partners, and customers of the Client, whether Users or not, in compliance with data protection laws and solely in accordance with the Agreement, which is fully incorporated herein.

10. Data Retention

Except for what is provided for the processing and retention of personal data, Cosmobile will retain data uploaded by the Client and Users for the duration of the license and for an additional 60 (sixty) days after termination. If the Client obtains a new license without interruption, Cosmobile will continue retention uninterrupted until the final termination of the relationship and for another 60 (sixty) days thereafter. After the 60-day period following the license expiration, Cosmobile will remove and destroy all data uploaded by the Client and Users in the Software, with no possibility of recovery.

11. Partial Invalidity or Ineffectiveness

If any provision or clause of the Contract is found to be invalid or ineffective, the other provisions, which are legally and functionally independent, shall remain unaffected, except as provided by Article 1419 of the Italian Civil Code.

12. Jurisdiction

These license terms are written in Italian and governed by Italian law. Any interpretation must be made based on the applicable law in the Republic of Italy, referring to the Italian language version, which prevails over any other translation available on the Website. Unless otherwise required by Italian and/or European law, any dispute arising out of, related to, or connected with the Contract and this license shall be submitted to the exclusive jurisdiction of the Court of Bologna.

13. Changes

The Contract may be amended by Cosmobile at any time, with prior written notice to the Client, including by publishing the new terms on the Website. In the event of unilateral changes by Cosmobile, the Client may terminate the Contract by providing written notice via registered mail with return receipt to Cosmobile’s legal address or via certified email to Cosmobile’s digital address, within 15 days of notification or publication of the new terms. Failure by the Client to exercise their right of withdrawal within the stipulated period and manner will result in the changes being considered known and accepted by the Client, making them fully effective and binding for ongoing relationships. Any modification or derogation from the Contract mutually agreed upon by the Parties must be made in writing, under penalty of nullity.

14. Update

These terms were published on 12/02/2021 and became effective for all Clients and relationships, both existing and future, as of 12/02/2021.