Users of the Services offered by NearIT acknowledge and accept these terms and conditions.
Via Stezzano 87
24126 Bergamo (Italy)
VAT Number: IT04127580167
Paid up share capital: 12.000,00 EUR
Chamber of Commerce of Bergamo
reg. no.: 04127580167
This document is a legal agreement between you, the User, and the corporation which runs NearIT for your use of this website and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User,” “you,” “your” and like terms, either in singular or plural form, refer to you, the User. “Near SRL” “we,” “our,” “us” and like terms refer to the corporation which owns and manages NearIT. “NearIT” refers to the current website. “Services” means the features and functionality that you can use through NearIT. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use the Services, you must carefully read and accept this Agreement by clicking the button for acceptance. If you don’t accept this Agreement you cannot use the Service.
NearIT is a proximity marketing platform that provides iOS and Android app Developers with an integrated technical solution for their apps.
In order to use the technical solution offered by NearIT, Developers must embed the SDK library created by the Owner into their application. In this way the application shall enable Developers or Marketers, via the embedded SDK library, to send their Clients promotional and commercial messages based on the Client's interests, experiences, preferences, location etc. NearIT is meant to help professional Developers who wish to use its features while working on the development of new iOS and Android applications. User who is a consumer must refrain from purchasing from NearIT.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of NearIT or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that: (i) User has violated this Agreement; and/or (ii) User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or (iii) the use of NearIT by the User may result in violation of law or regulations and/or (iv) in case of an investigation by legal action or governmental involvement and/or (v) the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
The contents available on NearIT are protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, their use is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such contents. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the contents, even of third parties, available on NearIT, nor allow any third party to do so through the User or its device, even without User's knowledge.
Where explicitly stated on NearIT, the User may be authorized, only for personal use, to download and/or copy and/or share some contents available through NearIT, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
Users are responsible for their own content and that of third parties that they share through NearIT, that they upload and post on or through NearIT, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by User or by third parties but it may choose to suspend or terminate display of any such content if: (i) complaints are received from other Users; (ii) it receives a copyright infringement claim; (iii) it believes that it must do so in anticipation of, or as part of, legal actions; (iv) action is requested by authorities; or (v) it believes that such content remaining accessible on or through NearIT may pose a risk to Users, third parties, the Service's availability and/or the Owner itself.
By submitting, posting or displaying content on or through NearIT, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
The Owner does not moderate the content or links provided by third parties before their publication on NearIT. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in NearIT, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
NearIT grants the User a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by NearIT. This license is for the sole purpose of enabling User to use the Service and in doing so within the limits and in compliance with these Terms.
The User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. The User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the usage of the Service, via remote connectivity, via Internet, for the provision of Services under these Terms.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and its documentation is information protected by copyright and is property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms.
The Service shall be used only in accordance with these Terms.
Users may not:
NearIT provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of NearIT.
In the event that NearIT offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by NearIT. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then NearIT may be forced to cancel their subscription when it runs out.
Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner.
Users must select the desired Service, choosing the type and duration that best suits them, and check-out only after having carefully verified the information contained in the summary form of the order. The Order is placed on confirmation of the Order and is subject to payment of the amount charged in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The contract shall be concluded at the time of the sending of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 5 working days from order – to the email address associated with the purchase – and will provide for a refund of any amounts paid by the User.
To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to offer discounts and various promotions throughout the year. For more details on current promotions, the User is asked to contact the Owner via the contact information contained herein.
NearIT uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Each confirmed order will be processed within the time necessary to provide the Service offered by NearIT. The Owner shall not be held liable for damages suffered by the User due to delays in the execution that are not caused by circumstances foreseeable by the parties at the moment when the Order Confirmation was sent by the Owner.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
In particular, User acknowledges and agrees that, in order to fully enjoy all the features of NearIT according to the present Agreement, the application where the Owner's technical solution is embedded shall communicate to NearIT some personal data of the Clients in the forms and modalities set forth in the dedicated page of NearIT.
User therefore acknowledges and agrees that the responsibility of collecting the Clients' consent to the transmission of their personal data to NearIT in compliance with the applicable law, lies entirely with the Clients' data controller, who, therefore, agrees to indemnify and hold Near Srl harmless from and against any claim or demand that, at this regard, may arise.
NearIT and all the features available through NearIT are provided to Users in accordance with the terms and conditions of this Agreement, with no warranty, either explicit or implied, unless it is required by law.
In particular, the Owner provides no warranty for the suitability of the offered services to the User's intended purposes (*e.g.* actual improvement in company networking etc.). The use of NearIT and all the features accessible through NearIT is made at Users' own risk and under their own responsibility.
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of NearIT.
Therefore, the Owner shall not be deemed liable for (i) any loss incurred that is not a direct consequence of the breach of the Agreement by Near S.r.l.; (ii) any loss of commercial opportunity and any other loss, even indirect, which the User may be subjected to (including but non limited to, commercial loss, loss of sales, of income, of profits, of alleged savings, loss of contracts or commercial relationships, loss of reputation or of the value of the goodwill etc.); (iii) loss or damages caused by the interruption or malfunctioning of NearIT due to act of God or events beyond the control of the Owner, such as, including but not limited to, breakdowns or interruption of telephone and electricity lines, of the internet network and/or any other means of transmission, unavailability of websites, strikes, natural causes, viruses and cyber attacks, failure of third parties to supply products, services and applications and (iv) misuse of NearIT by Users or third parties.
In order to provide Users with the best possible experience in using the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates. In such cases, Users shall be promptly informed through constant updates on NearIT.
The Owner reserves the right, at its sole discretion and without the triggering of such right giving rise to any claim of non-fulfillment or breach of the Agreement, to suspend the Service if:
Any suspension of the Service attributable to the User shall not affect the Owner's right to seek compensation for any damage suffered.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of NearIT and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
All the Application's trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning NearIT are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning third parties and the content published by these third parties on NearIT are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not own the property of these rights and may use them only within the limits and in accordance with the contracts in place with these third parties and for the set out purposes.
The MIT License (MIT)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Within this Contract, the notion of “software” adopted by the just mentioned MIT license only refers to the SDK library.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within NearIT.
Users who continue to use NearIT after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to NearIT must be sent using the contacts stated in this document.
If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be void while the remaining provisions will not be affected by this and shall remain in full force and effect.
These Terms have been written and reviewed in the Italian language. Any translations into any language other than Italian are to be considered mere translations. In case of any discrepancy or inconsistency, the Italian language text shall prevail in any event.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by NearIT as described in these Terms and in NearIT.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Indicates the email that the Owner sends upon receipt of the Order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Each registered User who uses the Service provided by the Owner to develop mobile and web applications.
The natural or legal person who commissions to the Developer the development of the application on which the Service is embedded or who uses an application within which the Service provided by NearIT is incorporated.
The Marketer or the Developer who uses the Service offered by NearIT to these Terms and Conditions.
Natural or legal person who uses an application within which the Service provided by NearIT is incorporated.
The software embedded in the Service provided by the Owner.