Conditions of use
1. General matters
Please read these Conditions of use carefully (hereinafter, “Conditions”).
The current version of the following Conditions governs the registration and use of the BeMOVE system
(hereinafter, “System”) of Automatismi Benincà Spa, with registered offices at via Capitello 45 – 36066 Sandrigo
(VI), Italy (hereinafter, "Benincà").
The System comprises an App for end-users, “BeMOVE”; an App for professional installers, “BeUP”; the Benincà cloud server;
the Benincà “HOOP” gateway, compatible associated devices, and pro.UP interface.
Benincà reserves the right to amend these Conditions at any time without stating the reason. The User will not be
informed about any amendments made to the Conditions: the User is responsible for checking for updates.
At each login, the User automatically accepts the Conditions of use applicable at that time.
The general conditions of sale of the User are not applicable.
2. Use
In order to use the System, the installer must download the BeUP App needed for installation purposes, while the
end user must download the BeMOVE App in order to complete the configuration and to control and command compatible
automation products using suitable devices.
These Conditions do not grant any usage rights not specified above. In particular, it is explicitly prohibited to
redistribute, sell, lease, rent or export the Software in any form without prior written permission from Benincà.
Except when explicitly authorised pursuant to these Conditions, the User shall not copy, reproduce, modify, transmit
or distribute the Apps or parts of them, or facilitate such actions by their parties. The User agrees not to provide
illegal information about the System.
At present, the Apps can be used on mobile devices that run the Apple iOS or Google Android operating systems. Users
must download the “BeUP” and “BeMOVE” Apps from the Apple Store™ or from Google™ Play. The conditions of the corresponding
download platform apply to the first download. The download is free for the User. Use of the Apps does however require an
Internet connection that might incur a cost for the User, depending on the applicable telephone contract.
3. Registration of the account
Certain App functions require the User to register an account.
This operation involves inputting an e-mail address as the username: Benincà will then use that address to send
an account activation e-mail to the User. It will only be possible to login to the Apps after having activated the
account using the link contained in the above e-mail.
An account must be registered for each App that will be used: for example, the account registered for the BeUP App
does not allow access to the BeMOVE App, unless an account has already been registered for the BeMOVE App using the
same e-mail address. Accordingly, it is only possible to access both Apps using the same username if both accounts
(one for the BeUP App and one for the BeMOVE App) have been registered using the same e-mail address.
Benincà will consider any use of the Apps to have been made by the User that registered the related accounts. In all
cases, Benincà declines all responsibility for any losses deriving from the abuse or improper use of accounts registered
by third parties, consequent to the inappropriate administration of a registered account by the User concerned.
Login data must not be communicated to third parties. Users agree to take scrupulous care of their login data.
4. Copyright
All content, information, images and services published by Benincà are protected by authorship rights. Their usage is only allowed in the context of use of the System by registered Users. All other forms of usage are prohibited including, in particular, reproduction, dissemination and publication for commercial purposes.
5. Commercial names/Trademarks
All Commercial names and Trademarks displayed, now and in the future, via the Apps of Benincà are/will be the exclusive property of or granted under licence to Benincà or its affiliates. Use of the Apps by the User shall not be interpreted in any way as the grant of a licence or rights to use the Commercial names or Trademarks displayed via the Apps.
6. Interruptions and anomalies
Benincà has developed the content of this System (including the corresponding translations) to the best of its current
knowledge. This System (and the related content) is however compiled solely for information purposes and does not represent
an offer that binds Benincà. Benincà does not warrant that the System is free from errors. This System and related content
is supplied on an “as is” basis.
To the extent technically and organisationally possible, Benincà strives to ensure access on a 24/7 basis. However, access
to the System may be limited or impossible in the case of maintenance, Internet problems or force majeure events.
The User is not entitled to demand permanent and uninterrupted access to the System.
7. Limitation of liability
Benincà declines liability for any losses caused by use of the System.
The User accepts that it uses the System at its own risk. The User agrees never to advance any claims, under any circumstances,
against Benincà or its associates, including employees, sub-contractors, agents, representatives, consultants, installers and
other parties, for loss of data, damage, injury, expenses, interruption of work, loss of commercial information, business
interruption, non-availability of services, faults or malfunctions of smartphones or tablets, that the User or other parties
might suffer for any reason, howsoever arising, in relation to usage of the System and its content.
In particular, Benincà declines liability for any losses or disadvantages for the User deriving from anomalies caused by third
parties regarding, in particular, access to the Internet or the quality of the connection or failure to comply with these Conditions.
Benincà also declines responsibility for ensuring the security of the System against fraudulent access by unauthorised third parties.
8. Relief
The User relieves Benincà and its affiliates from all claims for compensation for losses, damage, injury, expenses, interruption of work, loss of commercial information, business interruption, faults or malfunctions of smartphones or tablets suffered by the User or other parties as a consequence of actions or omissions by Benincà or its affiliates, with or without intent, caused by use of the System by the User, or by inability of the User to use the System or by any other factor in some way related to the System.
9. Modifications
Benincà reserves the right to release new versions of the Apps or the device software (including modifications to their functionality or interfaces) from time to time, at its sole discretion and without notice, in order to replace prior versions or update their content. Benincà reserves the right to make changes to the free offer of the "BeUP” and “BeMOVE” Apps at any time, to make new offers available for payment or free of charge, and to terminate the availability of free offers.
10. Data protection
All personal data gathered in relation to use of the System is collected, processed and used in compliance with the relevant current
legislation.
The Benincà statement on the protection of data is available on the website:
https://www.beninca.com/it/page/privacy.html.
Pursuant toart. 13 european regulation no. 2016/679 (General Data Protection Regulation), Users are entitled to obtain access to and correct their personal data. Users intending
to exercise this right may do so without charge by sending a request to the following e-mail address
gdpr@beninca.com.
11. Final clauses
All ancillary agreements, additions and changes to these Conditions must be set down in writing.
Should any clause contained in these Conditions be or become invalid, void or subject to challenge, the unaffected clauses shall
in all cases remain valid.
All disputes arising in relation to the interpretation or execution of these Conditions shall be referred to the sole jurisdiction
of the Vicenza Court.
These Conditions of use are governed by the laws of Italy.