Effective Date: September 1st, 2023
Please read these Terms of Service, our Privacy Policy and our documentation (collectively, the "Agreement") carefully before using the AtlasCMS software platform (hereinafter "AtlasCMS") provided by Alpha S.r.l. via ……………By using or accessing the Service, you (“Customer”) agree to be bound by all the terms and conditions of this Agreement. If you do not agree with all terms and conditions of this Agreement or if you do not have the legal capacity to accept this agreement, you may not use Alpha. This Agreement is effective as of the date Customer clicks to accept the Agreement (the “Effective Date”). By accepting this agreement you represent and warrant that: (i) you are 18 years of age or older; (ii) you have full legal authority to be bound as a Customer by this Agreement; (iii) you have read and understood this Agreement. If you meet the age requirement and/or if you do not have the legal authority to bind the Client on whose behalf you are signing this agreement, you cannot use Alpha and therefore please do not click 'Accept' .
1.1 The term "User" means the person who purchases the Services indicated in this Contract and/or in the order form. The term "User", therefore, specifically indicates the natural or legal person who has access to the Site (as defined below), also through the registration procedure and creation of an account as required by the following clause 3.
1.2 The term "Supplier" indicates Alpha S.r.l., as identified above, which offers the Service defined below through the Alpha.com website and its subdomains.
1.3 "Remote communication techniques" means all means, without the physical and simultaneous presence of the Supplier and the User, which can be used for the conclusion of the contract between the aforementioned parties.
1.4 The term “Service” or “Services” means the available and chosen version of Alpha excluding the Enterprise version, which is governed by a separate agreement. Alpha is a workplace tool designed to be used by anyone over the age of 18 for any legitimate, educational (as a learning tool or sandbox, for example) and commercial (such as e-platform) purpose. -commerce) and so on.
1.5 The term “Site” refers to the Alpha.com web page and its subdomains.
1.6 The term PROJECT means any new website or application that a USER will create with Alpha. In each PROJECT, the User will have the role of ADMIN, who has the role and power to authorize the project created in the account. The ADMIN can also invite other people to collaborate on one or more projects in the account and will assign them the role of COLLABORATORS for that specific project. The COLLABORATORS invited / authorized by the ADMIN on a PROJECT will have to create their own account on Alpha and will have a set of permissions in the project, as assigned to their specific role. For descriptions of roles and permissions, see the documentation for using Alpha. A PROJECT can be owned by a PERSONAL account or by an ORGANIZATION.
1.7 The terms ORGANIZATION account and PERSONAL account refer to a particular functionality within the administration of an account. Any Alpha USER may have a PERSONAL account or an ORGANIZATION account or be invited to collaborate with a PERSONAL account or an ORGANIZATION Account of a different USER. An ORGANIZATION differs from a PERSONAL account in that it is intended to manage an Alpha account as an entity rather than an individual. Throughout Alpha's Terms of Service, the term USER can refer to either a PERSONAL account or an ORGANIZATION account, or both.
With this contract, respectively, the Supplier sells and the User remotely purchases, via telematic tools, the services indicated and offered for sale on the website www.Alpha.com and specified in the order form.
2.1 Creating an account at www.Alpha.com is free. This can be done by registering on the Site and accepting the general "Terms of Use of Alpha" (available online via the appropriate link in the footer of the site itself)
2.2 To create an account by registering on the Site, the User must fill in a form with the mandatory and possibly optional data, namely: name, surname, e-mail address and password; once this phase is complete, the user must click on the "Register" button. At the end of this process, the User will be registered. These credentials will be necessary for access to purchase the services offered on the Site.
2.3 The creation of an account allows the User who intends to proceed with the purchase of the service through the Supplier's website, to carry out the following activities directly through this website: a) saving and modifying personal data; b) access to all information relating to orders; c) management of personal data and updating of the same at any time.
2.4 The User guarantees that the information provided during the registration process is complete, correct and truthful. The User agrees to indemnify the Supplier from any damage, indemnification and/or penalty deriving from or in any case connected to the violation by the User of the rules on registration on the Site or on the conservation of Registration Credentials. By creating an account, the User declares to be over 18 years of age. The User is therefore solely responsible for accessing the Site through their Registration Credentials. The User is directly responsible for any damage or injury or direct or indirect loss caused to the Supplier or to third parties by improper use, loss, misappropriation by others or by the failure to adequately protect the secrecy of their registration credentials. All transactions made through the Registration Credentials are considered made by the User to whom they refer.
2.5 By registering on the site, the User agrees to receive communications from the Supplier, aimed at the execution of this contract. The User can request at any time not to receive further communications via e-mail while maintaining the possibility of accessing and using the Site by unsubscribing both from the e-mail management system as indicated in the footer of the e-mail, and by writing to customer service .
2.6 The Supplier reserves the right to refuse, at its sole discretion, the registration of a User on the Site.
2.7 The Supplier reserves the right to refuse orders that are anomalous with respect to the quantity of services purchased or the frequency of purchases made on the Site, as well as in relation to improper use.
2.8 The User can cancel his account at any time by accessing the account and following the instructions to cancel the account, or by writing to customer service.
2.9 Alpha comes in a free version and a paid version. While the free version is free to use, the process for purchasing the paid version is outlined below. In compliance with Legislative Decree 9 April 2003, n. 70 regarding electronic commerce, the Supplier informs the User that: a) to conclude the purchase of one or more services through the Site, the User must complete an order in electronic format and send it to the Supplier via email or form on the site b) the Supplier sends the User an e-mail confirming and summarizing the order as indicated in point 5.7; c) before proceeding with the transmission of the order, the User will be able to identify and correct any data entry errors by following the instructions on the Site or modifying the order; d) after sending the order via email, the User can modify it before the Supplier has enabled the services, and in any case no later than 7 working days from enabling the Service.
2.10 The language available to the User for the conclusion of the contract is English. Customer Service is able to communicate in English and Italian.
After creating an account, customers can access their Alpha account data via a dashboard or an Application Program Interface (API). Any use of the API, including use of the API to run/operate through a third party product accessing Alpha, is bound by these Terms of Service plus the following specific terms:
Each Account belongs to the person who created it and any activity performed while a person is logged in is, by default, attributable to that person. Each account is meant for individual use and cannot be shared between different people. An email address can only be used once to create an account. Your account credentials cannot be shared with other people and your username and password must be kept safe and secret. If you need to create projects that collectively involve other people, please use the collaborative features available in the Dashboard (these features may vary according to the plan you subscribe to). The Customer is responsible for maintaining the confidentiality of his Account password and for the security of his Account. By creating an account in Alpha, you are obliged to immediately notify Alpha S.r.l. any actual or suspected loss, theft, or unauthorized use of your Account or Account password by writing to support@Alpha.com. You must immediately report to Alpha S.r.l. also any security holes encountered while using Alpha. Alpha S.r.l. reserves the right, in its sole discretion, to determine what constitutes a security flaw. Failure to report such defects or unauthorized accesses, particularly prior to public disclosure, will be considered a material breach of this Agreement. In accordance with applicable laws and these terms, you may not do any of the following while accessing or using Alpha:
5.1 The offer and sale of services through the Site are governed by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
5.2 For the purpose of concluding the contract, the User must correctly fill in the order form by sending the request via the web form as indicated above. Subsequently you will receive a confirmation e-mail containing the order details, with information on the sheet service, the price of the service(s) purchased, any additional accessory costs, the payment methods, the place and the the timetable of the provision of the service, the invitation to carefully read the provisions of this agreement.
5.3 With the purchase, the User acknowledges and declares having read all the information provided during the purchase procedure, as well as the additional information contained on the Website relating to the Privacy Policy.
5.4 The Supplier reserves the right to refuse or cancel orders from the User.
5.5 The User will be able to access the features ordered and enabled by accessing the dashboard as Admin for the project in Alpha.
5.6 The Supplier will inform the User of the impossibility of accepting the orders received within 24 (twenty-four) hours starting from the working day following the one on which the User sent the order and will refund any sums already paid for payment of the supply.
5.7 When the Supplier receives the order from the User, it sends an e-mail confirming and summarizing the order, which also contains the data referred to in point 5.2.
5.8 The order and this agreement are not considered perfected and effective between the parties in the absence of the sending by the Supplier of the e-mail as indicated above.
5.9 The User ensures to verify the accuracy of the data contained in the order confirmation e-mail and to communicate any corrections to the Supplier within 24 (twenty-four) hours of receipt.
5.10 The order number, generated by the system and communicated by the Supplier in relation to the purchase made, must be used by the User in any subsequent communication with the Supplier.
6.1 Any payment by the User can only be made using one of the methods indicated on the purchase: credit card or bank transfer. Bank transfers are only accepted for annual payments.
6.2 All communications relating to payments are made on a specific line offered by a third party chosen by the Supplier and protected by an encryption system. The Supplier makes available the list of third-party services used for payment and for maintaining the services at the following address: https://www.Alpha.com/security/ The Supplier chooses third parties who guarantee maximum compliance provisions of current legislation on the protection of personal data.
6.3 For transaction security reasons, the Supplier reserves the right to request the sending of data or a copy of an identity card of the Credit Card holder.
6.4 Simultaneously with the sending of the confirmation e-mail and the order summary, the amount corresponding to the service/s purchased will be charged to the User. In the event that, for any reason, the commissions due cannot be collected, the sale process is automatically canceled and The sale is automatically cancelled.
6.5 The Supplier will issue an invoice for the service(s), sending it via e-mail to the owner of the order within 48 (forty-eight) hours of the confirmation e-mail and the order summary and making it available on the User's personal page. The information provided by the User will be used to issue the invoice. No change in the data will be possible after the receipt itself (or the invoice if requested) has been issued.
7.1 The Supplier will provide the service to the User, in the manner indicated on the website at the time of the service offer, as confirmed in the email referred to in paragraph 5.7 or as otherwise agreed between the Supplier and the User.
7.2 The methods, execution times and costs of the service/s are clearly indicated and clearly highlighted by accessing the "My orders" area of the site.
7.3 The provision of the service will begin immediately after the approval of the order and the payment received, no later than 7 (seven) working days from the sending of the order. In the event that the Provider is unable to provide the service even within this period, the User will be promptly notified by e-mail, indicating when the Provider expects to be able to start the service or the reasons making the service itself definitely impossible. If the User does not intend to accept the new contract or the service has become impossible, he can request a refund according to the methods and terms referred to in paragraph 7.2 above.
7.4 The contract will automatically renew unless the User downgrades or cancels his subscription. If you cancel or downgrade after the 14th day of your first billing cycle, you will receive redeemable credits to spend on your next purchase. If you cancel before the 14th day of your first billing cycle, you can choose between cash and redeemable credits. The provisions foreseen for the case of withdrawal referred to in clause 13 for refunds apply. Credits are redeemable within 18 months of issue.
8.1 Each service offered on the Site is accompanied by an information sheet which illustrates the main characteristics (so-called "Presentation of the service", FAQs, Guidelines, Videos and so on).
8.2 Any video and/or photographic image in digital format accompanying the description of the service offered is for illustrative purposes only. The image has the sole purpose of presenting the service for sale and explaining its functionality and, to this end, is representative of its characteristics.
8.3 All the sales prices of the services presented and indicated on the website www.Alpha.com/pricing are expressed in euros and constitute an offer to the public pursuant to the clause. 1336 of the civil code.
8.4 The sales prices, referred to in the previous point, do not include VAT and other taxes.
8.5 The prices indicated for each of the services offered to the public are valid until the date indicated in the order form and, in any case, no later than the moment in which the access was made.
8.6 If the Supplier is in the absolute need to change the execution of the service conditions or the price after the start of the service, he must give adequate notice to the User, who can freely choose whether to continue the contract with the new conditions or withdraw, without additional costs or penalties. The choice must be communicated in writing to the Supplier within the following 7 (seven) days. In this case, the provisions of clause 16 for reimbursement apply.
You are solely responsible for providing all technical support and assistance to your end user, if you have any. You acknowledge and accept that Alpha S.r.l. has no obligation to provide support or technical assistance directly to your end users and you must not declare to all your end users that Alpha S.r.l. is available to provide such support. Alpha S.r.l. will keep the system and server up and available without any right on your part to have customized support, unless you have an agreement with us or have purchased a billing plan that includes additional support. You can communicate with us at any time using our customer service address support@Alpha.com. However, this Agreement does not entitle you to any support for the use of Alpha, unless you enter into separate agreements with Alpha S.r.l. (see Enterprise Special Agreements) any support provided by Alpha S.r.l. will be subject to the terms of this Agreement as modified by a separate support agreement.
Any information provided to Alpha S.r.l. is subject to our Privacy Policy. Through your use of Alpha you consent to its collection and use (as set forth in the Privacy Policy of this statement).
You understand that Alpha S.r.l. uses third-party vendors and hosting partners to provide the hardware, software, network, storage, and related technology necessary to run the Service. You understand that the technical processing and transmission of the Service, including User Content, involves (a) transmissions over various networks; and (b) changes to Comply with and adapt to the technical requirements of the connecting networks or devices. Alpha S.r.l. reserves the right to monitor your use of Alpha for any reason or no reason, including to ensure your compliance with the terms and conditions of this Agreement. The list of our third party providers can be found here (https://www.Alpha.com/legal/gdpr).
For purposes of this Agreement, "Content" means all Content posted or otherwise provided or transferred for viewing through Alpha by a User. When you transfer Contents to Alpha S.r.l. through Alpha, you provide Alpha S.r.l. a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute , transmit, modify, adapt (including, without limitation, to conform it to the requirements of any networks, devices, services, or media through which Alpha features are available). The user rights granted in this license are for the limited purpose of operating Alpha in accordance with their functionality, improving Alpha, and allowing Alpha S.r.l. to develop new Services or features. Alpha does not pre-screen the Contents, but Alpha S.r.l. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available through Alpha. You also agree to respect the intellectual property rights of others, and you represent that you have all rights necessary to grant us this license for any Content you submit to Alpha. You shall defend Alpha against any claim, demand, suit or proceeding made or brought against Alpha by a third party alleging that your Content or use of the Service violates this Agreement, violates or misappropriates the intellectual property rights of others or violate applicable law, and shall indemnify Alpha for any damages ultimately awarded against, and reasonable attorneys' fees incurred by, Alpha in connection with any claim, demand, suit or proceeding.
Le interfacce, i loghi, il codice sorgente, la combinazione di colori e l’aspetto di Alpha è protetto da copyright di proprietà di Alpha S.r.l. secondo le leggi italiane e trattati internazionali. Tutti i diritti sono riservati. Non è consentito duplicare, copiare, o riutilizzare qualsiasi parte di elementi HTML/CSS, JavaScript o di progettazione visiva o concetti senza previa autorizzazione scritta da parte di Alpha S.r.l.. Alpha ™ è un marchio protetto. Puoi liberamente dichiarare e divulgare che stai utilizzando I servizi Alpha™ anche se non in un modo che crea o può implicare l’esistenza di una partnership commerciale quando non c’è né creare un senso di approvazione, sponsorizzazione, o associazione con Alpha S.r.l., a meno che tu non sia stato espressamente autorizzato da Alpha S.r.l., per iscritto, per farlo. Non è possibile includere i nostri marchi o marchi che sono confusamente simili o derivati dai nostri marchi come parte del tuo nome commerciale (registrato o altro), loghi o altri identificatori o nei servizi fornirai utilizzando Alpha. Qualsiasi altro uso del marchio Alpha™ è proibito a meno che non ti diamo specificamente un’autorizzazione scritta.
14.1 The User who is a Consumer and who has purchased a paid version of Alpha has the right to withdraw from this contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days (so-called " Withdrawal period”), starting from the day of the conclusion of this contract.
14.2 To exercise the right of withdrawal, the User must inform the Supplier, before the expiry of the "Withdrawal period" of his decision to withdraw in writing to customer care specifying in the subject ("Declaration of Withdrawal"). indicate the order number, the service(s) for which you intend to exercise the right of withdrawal and your address.The "Withdrawal Declaration" must be sent to the following address support@Alpha.com.
14.3 With the receipt of the communication with which the User communicates the exercise of the right of withdrawal, the parties to this agreement are released from their reciprocal obligations.
15.1 According to the clause pursuant to art. 59 of the Consumer Code, the right of withdrawal of the Consumer user cannot be exercised in relation to services already performed. The right of withdrawal is also excluded for the supply of services rendered to the consumer's specifications or clearly personalized.
16.1 The only expenses payable by the User for exercising the right of withdrawal pursuant to this point and subsequent ones are the direct costs of returning any capital goods supplied with the Service to the Supplier.
16.2 The Supplier reimburses all payments received from the User, without undue delay and in any case within 14 (fourteen) days from the day on which it was informed by the User of the decision to withdraw from the contract, using the same means of payment used by the User for the initial transaction, unless otherwise agreed and on condition that the User does not incur any costs as a result of the refund.
Alpha S.r.l. offers special services/additional features of Alpha for Enterprise needs. Such special services/additional features are subject to the Enterprise terms. Agreement.
Alpha S.r.l. reserves the right, in its sole discretion, to modify this Agreement at any time. We will notify you that this Agreement has changed via email if commercially reasonable, and otherwise via your Account Dashboard (e.g. via a notification in your Alpha Dashboard/login panel). Changes are effective when posted. You are responsible for reviewing any changes to this Agreement and your use of the Services as a result of any such changes. Your posted change and your notification thereof constitutes your acceptance of the terms and conditions of this Agreement as amended .
Free access and use of Alpha has no support and you can use it at your own risk. You understand and agree that Alpha, its features, APIs, additional services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted by law, except in the event of gross negligence or willful misconduct on our part, Alpha S.r.l. disclaims all warranties, expressed or implied, of merchantability, fitness for a particular purpose, or non-infringement. Alpha S.r.l. makes no representations or warranties of any kind with respect to Alpha, including any representations or warranties that use of Alpha a) will be untimely, uninterrupted, or error-free or work in conjunction with any other hardware; software, system, or data, (b) meet your needs or expectations, (c) be error-free or that defects will be corrected, or (d) be free of viruses or other harmful components. No advice or information, both oral and written, obtained from Alpha S.r.l. will create any warranties not expressly made herein.
To the maximum extent permitted by applicable law, except in the event of gross negligence or willful misconduct on our part, Alpha S.r.l. shall not be liable for: (a) any indirect, incidental, exemplary, punitive or consequential damages of any kind; b) loss of: profits, revenue, data, use, goodwill or other intangible losses; (c) damages related to your access, use, or inability to access or use the Services; (d) damages related to any conduct or Content of any third party or Subscriber using the Services, including, without limitation, defamatory, offensive, or illegal conduct or Content; and/or (e) damages in any way relating to any Content. This limitation applies to all claims, whether based on warranty, contract, tort or any other legal theory, if Alpha S.r.l. whether or not you have been advised of the possibility of such damages, and further if any remedy set forth herein has failed of its essential purpose. To the maximum extent permitted by applicable law, the total liability of Alpha S.r.l. for any claim under this Agreement, including any implied warranties, is limited to the amount you paid us to use the Impresa services. The free version is not subject to any liability nor Alpha S.r.l. will accept claims for any damage or loss, direct or indirect. Alpha S.r.l. assumes no responsibility for disservices caused by force majeure and/or unforeseen events, if it is unable to execute the order within the term stipulated in the contract or if it is in the condition of not being able to provide the service in all or part as promised.
Either party may terminate this Agreement at any time, but special terms apply to Company due to the billing period. A Customer can delete their account by going to the “My Account” dashboard area and clicking on the “Delete Account” button. You can cancel your service at any time by clicking on the Edit profile link in the user navigation at the top of the screen. The Edit Profile screen provides a simple no questions asked unsubscribe link. Or you may also permanently terminate your account by emailing support@Alpha.com as a result of termination, your Content will be immediately deleted from the Service and in any event no later than 4 days after confirmation that your notice of termination ha have been received by us. We cannot guarantee a backup after pressing the Account Delete button. Different terms apply for corporate customers, in terms of damn rollback options. deleting an account. After initiating the cancellation process, we will use reasonable efforts to proceed with the cancellation of your Account. All Content in your Account will also be deleted. This information cannot be retrieved once your account is closed. You acknowledge and agree that: (a) caching, especially from search engines, cannot be immediately removed; (b) such removed Content may persist in backups (unavailable to others) for a reasonable period of time. Alpha S.r.l. we may also immediately terminate or suspend your access to or ability to use all Services, without notice or liability, for any or no reason, including but not limited to if you violate any of the terms or conditions of this Agreement . Upon termination of your access to or ability to use a Service, including but not limited to suspending your Account on a Service, your right to use or access such Service and any content will immediately cease. All provisions of this Agreement which, by their nature, should terminate shall survive termination, including, without limitation, the ownership provisions, Disclaimers of Warranties and Limitations of Liability. Termination of your access to and use of the Services will not relieve you of any obligations arising or accruing prior to such termination. or limit any liability you may otherwise have towards Alpha S.r.l. or third parties.
You and Alpha S.r.l. you agree that we will resolve any claim or dispute of law or equity that arises out of this Agreement or the Services in accordance with this Section, unless otherwise specified in writing. Before resorting to litigation, we strongly encourage you to contact us to seek an amicable resolution. In the event that an agreement cannot be reached, this agreement will be governed in all respects by the laws of Italy without regard to its conflict of laws provisions. The user accepts that any complaint or dispute that may be made against Alpha S.r.l. must be resolved exclusively by a state court located in ........., Italy, unless otherwise agreed between the parties. You agree to submit to the personal jurisdiction of the courts located in ........., Italy, for the purpose of litigating any such claim or dispute.
This Agreement, as amended from time to time, constitutes the entire agreement between you and Alpha S.r.l. with respect to the subject of this document. This Agreement supersedes all prior or contemporaneous understandings or agreements, written or oral, relating to the subject matter hereof and constitutes the entire and exclusive agreement between the parties. Failure of either party. The exercise of any right set forth herein will not be deemed a waiver of any additional rights hereunder. If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. If consumer protection laws apply and cannot otherwise be legally excluded, nothing in these Terms will limit, exclude or modify any statutory guarantees, warranties, rights or remedies which you may have and our liability is limited (at our option) to the replacement, repair or replenishment of the Services or a pro rata refund to Customer of prepaid subscription fees covering the remainder of the term. Third party components (which may include open source software) of the Alpha Services may be subject to separate license agreements. To the limited extent that a third-party license expressly supersedes this Agreement, such third-party license governs Customer's use of such third-party component. This agreement is not assignable, transferable or sub-leased by the user without the prior written consent of Alpha S.r.l.. Alpha S.r.l. may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Alpha S.r.l. in any respect. Any communication to Alpha S.r.l. which is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, whether delivered in person by nationally recognized express mail or shipped by first class, registered or certified mail, postage prepaid, to Alpha S.r.l., Via ......... ………. City ……, Italy.
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Last updated: September 1st, 2023
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