The following text (hereinafter the "Proke App Terms of Use") regulates the relationship between PGM12 Srls, based in Padua via T. Folengo 9, P. Iva 05269840285, email info@proke.app (hereinafter the "Supplier" or "we" or "us" or "our," etc.) and the user of the Proke App (hereinafter the "User").
Before accessing the Service and using the Software, we recommend that the User read completely and fully understand the Proke App Terms of Use.
For a better understanding of the Proke App Terms of Use, we specify that we will use the following expressions with the meaning indicated below:
"Proke service" or even just "Service": sartorial engineering service, which allows you to take measurements of the human body for the creation of tailored clothing, objectively and remotely.
"Software" or "App Proke": indicates this App.
"Device": indicates the mobile device (or mobile devices) on which the User installs the App.
"Tailor": indicates the natural or legal person who, acting for professional purposes, supplies made-to-measure clothing, whose measurements have been taken through the Proke Service. Each Tailor is autonomous and independent from the Supplier, acts in his own name and on his own account and in turn uses the Proke Service as a tool for taking measurements.
"Suit": indicates the test suit specifically created by the Supplier and necessary for taking body measurements with the Proke Service.
The Proke Service is not intended for minors or other incapable subjects according to the laws of the legal system in force in the country of use of the service; these subjects, before using the Service, must obtain the authorization of the parent or whoever has legal representation or assistance according to the applicable laws.
By consenting to the installation of the Software after downloading, the User declares to have fully read, understood, and accepted the Proke App Terms of Use and to accept to be fully bound by them.
Use of the Software always implies full acceptance of the Proke App Terms of Use, therefore the User is required to refrain from using the App itself in the event that he disagrees in whole or in part with the App Terms of Use Proke.
We are committed to the use of the Proke App Terms of Use and to the adoption of commercial policies compliant with current legislation in the EU territory, in particular regarding data processing and consumer protection. In the event that one or more clauses of the Proke App Terms of Use are or become inconsistent with applicable laws or regulations, those clauses are deemed ineffective against the user and the remainder of the Proke App Terms of Use remain in full force and effect. Binding.
We reserve the right to periodically change the Proke App Terms of Use, at our discretion or as needed due to regulatory changes. Any changes will be made available and highlighted within the Software and new acceptance will be required from the User: the User is free to refuse subsequent versions of the Proke App Terms of Use, but in this case, he is required to no longer use the Software or the Service, and in any case is not authorized to use the Software or the Service. From now on, the User therefore agrees to immediately stop using the App and the Service if he does not accept future changes to the Terms of Use.
The App is designed for use by two distinct categories of Users, called: Consumer User and Business User.
The use of the App as a "Business user" is reserved for the Tailor, for the use of the Proke Service in his professional activity as a tool to measure, objectively and remotely, the measurements of the human body of his customers.
The use of the App as a "Consumer User" is reserved for non-professional purposes only and for people who contact a Tailor who uses the Proke Service as a tool of their profession.
The Supplier grants the User a strictly personal, non-transferable, non-transferable, revocable, non-exclusive license, intended solely for use in connection with the use of the Proke Service and subject to the limitations of use set forth in the Terms of Use.
The Software is permitted for use in the state in which it is found and the User has no right to claim that it is modified, integrated, developed or adapted for any purpose including use with operating software environments other than those for which it was developed.
The Software is licensed for personal, non-commercial use. The User therefore undertakes to install the App on a device for personal use and only for non-commercial purposes.
The Business User has the right to use the Software as a tool for their professional activity, but has no right to trade, distribute, resell or similarly. The Business User does not have the right to charge for the use of the App by their customers, without prejudice to their full autonomy and freedom in determining the prices applied to their customers for their services.
The User undertakes not to modify, copy, adapt, alter the Software in any way, also undertakes not to perform or publicly demonstrate it, not to exploit the Software for purposes other than personal use, not to transfer it to third parties under any title. The User is not authorized to access the data with tools other than those made available by the Supplier or foreseen by the Software and undertakes not to attempt access to data with tools other than those granted and not to use the Software in relation to services or tools or third-party plug-ins not previously authorized by the Supplier.
The user agrees to install the Software only on Devices compatible with the technical choices made by the Supplier and accepts the risk of incompatibility between the Software and: the software environment of his Device, and/or the hardware of his Device, and/ or other software on your Device; in particular, the Supplier is not responsible in the event that the Service is incompatible with the user's Device.
For each User, the Provider authorizes a maximum of one backup copy of the Software, but the Provider is not required to provide backup tools. This also applies to data acquired via the App (measurements recorded).
Except as expressly provided and granted by the Proke App Terms of Use, the Provider does not grant the User any additional rights with respect to the Software.
Notwithstanding the foregoing, the Supplier wishes to clarify that it is forbidden at any time for the User to: (i) decompile the Software or perform so-called reverse engineering activities or attempt in any way to obtain the source code; (ii) attempt to modify or circumvent the technical solutions used to protect the data collected by the Software, to protect the intellectual and industrial property rights of the Supplier or third parties, to prevent the use of the Software with third party or unforeseen services by the supplier; (iii) use logos, names, brands, etc. by the Supplier in the absence of written authorization; (iv) make modifications to the Software or distribute the Software to the public or to any other party, whether for a fee or without charge, for any commercial or non-commercial purpose; (v) use the Software for any purpose other than its inherent purpose, as originally intended by the Supplier; (vi) use the Software to derive from it other applications or other services and/or integrate the Software into other applications or other services in the absence of prior written authorization from the Supplier; (vii) use the Software to obtain purposes contrary to the laws in force or which in any case involve damage to third parties.
For the protection of the User and the Supplier, the Software is intended to be distributed only through distribution platforms or app stores authorized by the supplier.
The User must not download the Software from unauthorized platforms or stores or through other sources of dubious origin. The Supplier is not responsible for damages suffered by the User in the event that the Software has been downloaded from unauthorized sites and the User is aware of the risks he runs by downloading unauthorized software.
The Software is developed to connect to the Proke Service and should not be used for other services or to connect to similar services rendered by other Providers.
Use of the Proke Service is permitted only through Software returned by the Supplier and the Proke Service must not be used with any other software not supplied by the Supplier.
The user is warned that the use of the software for services other than Proke or the use of the Proke Service with software not coming from the Provider, involves the immediate interruption of the Service. In this case, the Supplier is not responsible for damages suffered by the User and is not required to reimburse the user for any sums paid for the use of the Service.
The Supplier reserves the right, at its own discretion and without predetermination of periodicity, to release subsequent modified or updated or replacement versions of the Software; in the event that the replacement, modification or update involves the payment of additional costs, the User is informed in advance and has the right to withdraw from the contract within 30 days of the information and without additional costs; any withdrawal by the User does not imply any charges or compensation obligations for the Supplier, which furthermore is not required to ensure that the User continues to use the version of the Software prior to the replacement, modification or update.
Following the release of a modified, updated or replacement version of the Software, the Supplier stops supporting the previous versions: the security, compatibility with the operating software environments and the functioning of the previous versions of the Software are not guaranteed, which therefore may not cease to function.
The use of the Proke App and Service is free and does not involve costs for the Consumer User. We remind you that the object of the Service is the detection of body measurements and their transmission to the Tailor, but not the supply of clothing. Therefore, the purchase costs of the clothing items are the sole responsibility of the Consumer User and depend on the agreements with the Tailor. For the use and/or supply of the Suit, necessary for taking body measurements, the Tailor could charge sale and/or rental costs.
The use of the App and the Proke Service by the Business User is subject to the payment of the costs established by the economic conditions of the Proke Service and by the special agreements between the Supplier and each Business User.
The transmission of body measurements to the Tailor may be inhibited in the event that the Tailor is not up-to-date with payments due to the Supplier for the use of the Proke Service.
The Supplier also reserves the right to charge costs for the use of certain functions or features of the Software and will inform the User of such costs before accessing such functions or features; the User has the right to accept payment of the additional costs and will thus be able to access the paid features or features, in case of refusal the User can continue to use the basic version of the Software and will not have access to the paid features or features.
Full use of the features of the Service requires the creation of an account, in accordance with industry standard technology policies and practices. The User has the right to request the cancellation of the account at any time and is warned that, following the cancellation, the Proke Service will be suspended and the data relating to the account may no longer be recoverable or usable.
For information on the data collected and processed by the Supplier following the creation of an account,
the User
is required to read the privacy information made available by the Supplier Privacy Policy.
In addition to creating a new account with the Supplier, the latter could (but is not required to) allow access by association with third-party accounts (such as a Google account or a Facebook account); in these cases, the Supplier accesses the same data of the User provided for by the privacy policy of the Supplier itself, extracting them from the third-party account to the extent that is permitted by the third parties. In case of account creation by accessing third-party accounts, the User has the right to proceed with the subsequent dissociation, if and within the limits in which this is permitted by the third-party account, and is warned that, following the dissociation, the Proke Service will be suspended and your account information may no longer be recoverable or usable.
The user is at all times responsible for all activities carried out in relation to his account with the Supplier or with third parties.
The User is required to bear the network access costs of the Device on which the Software is installed for access to the service, as well as to install the Software on the Device which it has acquired in a lawful and peaceful manner.
The User is informed that the functionality of the Software and the Service could be compromised by factors over which the Supplier has no control, such as, for example, the maintenance status of the Device or the integrity of the software environment or the quality of the service network or the presence of malware or viruses or the loss of the User's account access credentials (including access to third-party accounts) or the replacement of the Device.
The User is required to use the most up-to-date technologies and the most current best practices in order to ensure the integrity and protection of their Device, the software environment, as well as in order to avoid unwanted access, data loss or other harassment.
The Supplier is not responsible for interruptions of the Service or malfunctions of the Software resulting from lack of access to the network, or technical navigation difficulties (breakdowns, technical problems, etc.) relating to the network, or to the mobile device used, or to malware, viruses etc.
Likewise, the Supplier's liability is excluded for all causes attributable to third parties.
The Service can be rendered by accessing third-party resources (such as, for example but not exhaustive, in the case of association with third-party accounts) or by use of third-party services (such as, for example but not exhaustive, in the case of hosting and data backup services). In this regard, the Supplier wishes to clarify that it does not control and does not approve or authorize the contents of third-party services, nor the behavior or decisions or statements of such third parties. The User is therefore informed that the Supplier is not responsible for facts attributable to third parties, suppliers of resources or services used by the Supplier to render the Service.
Without prejudice to the applicable legislation for the product warranty on any devices or hardware supplied by the same Supplier in relation to the Service, the User is informed that the Service and the software that allows its functionality are provided as they are, i.e., in the state of development and implementation resulting from each release, without any further guarantee of functioning in relation to a particular purpose.
The Supplier is the owner of all titles and industrial property rights relating to the Software, including the copyright and trademarks used; where distinctive signs of third parties are used, an indication of the owner who has granted their use is given.
The User acknowledges the rights and industrial property titles of the Supplier on the Service rendered and on the Software and refrains from any activity harmful to such titles and rights, such as for example (but not limited to): modification, removal, use outside the Service, copying, imitation, transfer.
In the event of prolonged inactivity, the Supplier may at its discretion suspend or terminate access to the Service and use of the Software, in whole or in part, even without notice and at any time, without this implying liability towards the User and without obligation to keep the data accessible or reusable.
The supplier can proceed in the same way in all cases where it appears that the User has violated the Terms of Use.