Terms and Conditions of Use of the
Application "Aruba SuperSite"

These General Conditions of Use of the Application regulate the contractual relationship that is concluded between Aruba S.p.a., based in Ponte San Pietro (BG), Via San Clemente 53, P.I. 01573850516 (also "Aruba" or "Provider") and the User for the use of the Application provided by the same. By installing the Application on the terminal and/or accessing the Application, the User accepts these General Terms of Use of the Application.

Index of articles

1. Definitions
2. Item
3. Access to the Application
4. Obligations and Rights of the User
5. Obligations and limitations of liability of Aruba
6. Duration and Termination
7. Express termination clause
8. Intellectual Property
9. Changes
10. Processing of personal data
11. Applicable Law and Jurisdiction

1. Definitions

   Capitalized terms in the General Terms of Use of the Application, whether used in the singular or plural, shall have the meanings set forth below:

   • 24/7/365: an acronym used in the General Terms of Use of the Application to indicate the continuity of the Services 24 hours a day, seven days a week, 365 days a year.
   • Application and/or Mobile Application: the "Aruba SuperSite" application (hereinafter also "Application" or "App") provided by Aruba that gives access to the Service and is made available to User through Apple's "App Store" and Google's "Google Play Store" on their Apple iOS and Android terminals.
   • Aruba: Aruba S.p.A. which makes the Application available to the User.
   • General Terms and Conditions for the Provision of Services: the General Terms and Conditions for the Provision of Hosting and Domain Services prepared by Aruba and made available on the website Aruba.it that govern the provision of the "SuperSite" Service that attaches to the Application.
   • Content: any graphic and textual elements present within the Application as well as its structure.
   • Service: the "SuperSite" service purchased by the User through https://hosting.aruba.it and governed by the Terms of Provision Hosting Services and Domains, used by the User and the use of which is possible through the Application
   • Site: the official website of Aruba and the pages accessible from it, which can be reached at https://www.aruba.it/.
   • User: the natural person who has downloaded the Application for his or her own needs, within the scope of strictly personal and non-commercial use, without direct or indirect profit.

2. Item

   • 2.1 Aruba grants You a non-exclusive, revocable, non-assignable, non-transferable, worldwide and royalty-free personal right to use the Application solely for the enjoyment of the Services made available by Aruba through the Application.
   • 2.2 Through the Application, the User will be able to take advantage of the features made available by the App, subject to these General Terms and Conditions of Use of the Application and the General Terms and Conditions of Provision of the Services for which such App is used.
   • 2.3 You acknowledge and agree that the Application and use of the available Services linked to the Application may involve the use of proprietary and confidential information that is protected by applicable intellectual property laws. You are expressly prohibited from reproducing, duplicating, copying, selling, trading, reselling or using for commercial purposes, in whole or in part, the Application.

3. Access to the Application

   • 3.1 Aruba makes available to the User latest version of the Application, through Apple's "App Store" and Google's "Google Play Store" on their Apple iOS and Android terminals. In order to access the Services made available by Aruba and use the App, the User may be required to provide personal data that are necessary for his/her identification or, in any case, necessary to allow the use of the App and the Services usable through it. The User is required to provide truthful data and to keep them updated and is responsible for the truthfulness of the information provided. Aruba shall not be held liable for any loss or damage including those arising from the failure to access the Services permitted by the App, resulting from the communication of untrue or outdated data and information.
   • 3.2 The Application is provided 24/7/365, except in cases of force majeure or events beyond Aruba's control and in case of any failures and maintenance work necessary for the proper functioning of the Application.li>
   • 3.3 The Software version of the Application may be updated at any time in order to introduce new features and new Services. Aruba reserves the right, at its discretion, to perform maintenance and/or update work even without prior notice.
   • 3.4 It is understood that the download of the Application "Aruba SuperSite" may be subject to the payment of connection fees for traffic while browsing, according to the tariff profile of the User.

4. Obligations and Rights of the User

   • 4.1 By installing the Application on your device, the User will be able to take advantage of the services made available by Aruba itself. The User declares that he/she possesses the messi and the appropriate technical skills to use the Application correctly.
   • 4.2

     The User acknowledges and agrees that the license provided by Aruba does not grant any right to use the Content to the User. The User agrees to use Application and the Services in accordance with the principles of good faith and fair dealing and not for illegal or fraudulent purposes or activities. In particular, the User is prohibited from:

     • Proceed with any adaptation, modification, translation, transcription, arrangement, compilation and de-compilation, assembly, disassembly, transcoding, apply reverse engineering (or "Reverse Engineering") of all or any part of the Application, Services and/or Content;
     • Create derivative works from the Application under license;
     • Use software or processes that can copy the Content without prior permission from Aruba;
     • Export the Application, merge all or part of the Application with other computer programs;
     • Permanently or temporarily reproduce the Application, in part or in whole, by any means and in any form;
     • Extract or reuse, even for private purposes, without prior written permission from Aruba, a considerable part or less of the content of the databases and archives constituted by the Application;
     • Implement systems capable of hacking the Application and/or Content in whole or in part, or capable of violating these General Terms of Use of the Mobile Application;
     • Use the Application for commercial purposes or purposes other than personal use and as expressly permitted in these Terms;
     • Assign, lend, lease, sub-license, sell, distribute, make available or otherwise transfer this Application in whole or in part, to third parties or allow its use by third parties;
     • Use the Application to develop or spread computer viruses, malware or similar applications.
   • 4.3 The User has the obligation to use the Service made available by Aruba in compliance with the laws, regulations in force, these General Conditions of Use of the Application as well as the General Conditions of Supply of the Service, the specific limits and methods of use applicable to it and made known and updated also through the website www.aruba.it.

5. Obligations and limitations of liability of Aruba

   • 5.1 The Application is provided on an "as " and "as available" basis. Aruba is only responsible for providing access to the Application and the Service purchased by the User. Accordingly, Aruba does not guarantee and is not responsible, even indirectly or partially, for the use of the Service, which remains governed solely by the General Terms and Conditions of Provision of Hosting and Domain Service.
   • 5.2 The User is solely responsible for the correct and personal use of the Application and access credentials to the Services, their safekeeping and inaccessibility to Third Parties, as well as the safekeeping and proper use of the terminal in which the Application has been installed. The User is therefore obliged to guard the terminal and the credentials for access to the Application and/or the Services with the necessary diligence in order to avoid misuse and abuse, not to transfer or give in use to Third Parties their terminal. In case of loss or theft of the terminal on which the Application has been downloaded, the User is required to immediately file a complaint to the competent Authorities and promptly notify the responsible entities, as well as to contact the Aruba Support Service. In the event of failure to comply with the obligations referred to in this point Aruba shall not be held liable for any loss, damage or prejudice resulting to the User from the misuse or abuse of the Application and all the features associated with it, including the Services.
   • 5.3 Aruba disclaims all warranties and conditions of any kind, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose, verification of which remains the sole responsibility of the User. Aruba does not warrant that the Application will (i) meet any specific requirements of the User, (ii) be free of malfunctions.
   • 5.4 User expressly acknowledges and agrees that Aruba shall not be liable to User for any direct, indirect, incidental, special or consequential damages including, without limitation, damages for loss of profits, goodwill, use, data or other loss arising out of or in any way connected with.

6. Duration and Termination

   • 6.1 These General Terms and Conditions of Use of the Application shall be applicable from the date the User installs the Application on the terminal and shall remain applicable until the cancellation of the Application, except in cases of early termination and/or withdrawal.
   • 6.2 This License is functionally related to the service purchased by the User. Therefore in the event that said service ceases for any cause or reason, this License will also automatically cease. You may terminate this Agreement at any time by discontinuing use of the Application and uninstalling it, provided that all applicable provisions of this Agreement shall survive its termination for any cause.
   • 6.3 Aruba reserves the right to revoke the right to use the Application at any time, even without prior notice.

7. Express termination clause

   • 7.1 The license granted to the User shall be considered automatically revoked, and the contract terminated, pursuant Article 1456 of the Italian Civil Code, in the event of breach of even one of the obligations contained in Articles 3 (Access to the Application), 4 (Obligations and Rights of the User).

8. Intellectual Property

   • 8.1 You acknowledge and agree that the Application and any services linked to the Application may involve use of proprietary and confidential information that is protected by applicable intellectual property laws.
   • 8.2 The Application and the software as any other copyright or other intellectual property right are the exclusive property of Aruba and/or their therefore, the User does not acquire any right or title them and is only obligated to use them during the contractual term.

9. Changes

   • 9.1 Unless otherwise specifically agreed between the Parties, Aruba grants this License free of charge (to the fees due from the User for the connection service).
   • 9.2 Aruba reserves the right to make software updates to this Application, even without prior notice. Aruba also reserves the right to change these conditions at any time by giving notice to the User.
   • 9.3 If Aruba makes technical-economic changes that are pejorative or aggravating in terms of performance and/or economics or modifies the contractual conditions in any part, said changes will be communicated to the User through the same Application. The aforementioned changes will take effect thirty (30) days from the date of their communication.

10. Processing of personal data

    • 10.1 The processing of personal data communicated by the User to Aruba for the purposes of the provision of the Application and the subsequent provision of the Service, will take place in accordance with Legislative Decree 196/2003 and EU Regulation 2016/679, the privacy policy issued by Aruba at the time of the release of the Application.

11. Legge applicabile e Foro competente

    • 11.1 The Contract is governed exclusively by Italian law.
    • 11.2 For any and all disputes relating to the interpretation, execution and termination of this contract, the Court of Arezzo shall have exclusive jurisdiction, except in the case where the User has acted and concluded this contract as a Consumer for purposes unrelated to the entrepreneurial or professional activity carried out; in this case, the Court of the place where the User has his/her residence or domicile, if located on the territory of the Italian state, shall have exclusive jurisdiction.