To allow for a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:
• Owner: Advise srl, with registered office at Via Nazionale delle Puglie, 28, VAT Number / Tax Code 02758400648, 02758400648, fully paid share capital of €100,000.00, certified email (PEC) address pec@pec.advise.it
• Application: the LOGILIZE website and application
• User: any individual who accesses and uses the Application
• Content: any textual or multimedia element present on the Application, by way of example announcements, listings, reviews, images, etc.
• Conditions: this agreement governing the relationship between the Owner and the Users.

The Application provides Users, subject to timely payment of the relevant fees, with a cloud-based Warehouse Management System (WMS), for operational management via a mobile app, a website for PC use, integrations with other applications via APIs and Webhooks, all provided in SaaS (Software as a Service) mode.

Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other notice, legal notice, or information published or referred to therein, they may not use the Application or the related services. The Conditions may be amended at any time. Any changes will be effective from the moment they are published on the Application. Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference. The Owner reserves the right to change, at its sole discretion, at any time, even after the User has registered, the graphical interface of the Application, the Content and its organization, as well as any other aspect that characterizes the functionality and management of the Application, notifying the User, where necessary, of the relevant instructions. The User also undertakes to:
• equip themselves with professional hardware and software.
• provide adequate connectivity in order to access cloud services.
• adapt over time the characteristics of their IT systems and connectivity to any modifications, replacements, and fixes that may be applied to the Software and Cloud Services.

To use the Application’s features, Users must register by providing, truthfully and completely, all the data required in the relevant registration form and fully accept the privacy policy ( https://logilize.com/privacy-policy/) and the Conditions. The User is responsible for safeguarding their access credentials, which must be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them, and to immediately inform the Owner if they suspect or become aware of any improper use or improper disclosure thereof. The User warrants that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the User’s breach of the rules on registration to the Application or on the safeguarding of registration credentials.

The registered User may stop using the Application at any time and deactivate their account or request its deletion through the Application interface, where possible, or by sending a written communication to the email address helpdesk@logilize.com or by calling customer service at +39.0825.1805630. In the event of a breach by the User of the Conditions or applicable law provisions, or in the event of non-payment of the fee, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

The User may upload Content to the Application, provided that it is not unlawful (i.e., obscene, threatening, defamatory, pornographic, abusive, or otherwise illegal, or in violation of privacy, the intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, and does not contain viruses, political propaganda, commercial solicitation, mass emails, or any other form of spam. In the event of a dispute raised by third parties, the User assumes full responsibility and undertakes to hold the Owner harmless and indemnified from any damage, loss, or expense. The User warrants that the Content is submitted to the Application through their account by adults. For minors, the submission of Content must be reviewed and authorized by parents or by those exercising parental responsibility. The User is fully and exclusively responsible for the use of the Application with regard to the functions of publishing, consultation, Content management, and contact between Users, and is therefore the sole guarantor and responsible party for the correctness, completeness, and lawfulness of the Content and of their behavior. It is prohibited to use an email address that is not owned by the User, to use another User’s personal data and credentials in order to impersonate them, or otherwise to make false statements about the origin of the Content. The Owner is not able to ensure a punctual control over the received Content and reserves at any time the right to delete, move, or modify any Content that, in its sole discretion, appears unlawful, abusive, defamatory, obscene, or infringing copyright and trademarks, or in any case unacceptable. It is expressly prohibited, unless explicitly authorized by the Owner, to resell the Owner’s services to third parties.

All content of the Application, including texts, documents, trademarks, logos, images, graphics, the features, their arrangement and adaptations, are protected by copyright law and by trademark protection regulations. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Without prejudice to strictly personal use, it is not permitted to copy, alter, distribute, publish, or use the Content without the Owner’s specific authorization.

The Application is provided “as is” and “as available” and the Owner provides no express or implied warranty in relation to the Application, nor any warranty that the Application will meet Users’ needs or will never have interruptions or be error-free or will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but shall not in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of a system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or due to force majeure events.

The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions connected with the use of the internet network beyond its control or that of its suppliers. The Owner shall also not be liable for damages, losses, and costs incurred by the User as a result of non-performance of the contract for causes not attributable to it. The Owner assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment, The Owner shall not be liable for:
• any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User which is not a direct consequence of the Owner’s breach of the contract
• incorrect or improper use of the Application by Users or third parties
In no event may the Owner be held liable for an amount exceeding the cost paid by the User.

The Owner shall not be considered responsible for the failure or delay in the performance of its obligations due to circumstances beyond the Owner’s reasonable control caused by force majeure events or, in any case, unforeseen and unforeseeable events and, in any case, independent of its will. The performance of the Owner’s obligations shall be deemed suspended for the period during which force majeure events occur. The Owner shall carry out any act within its power in order to identify solutions that allow the proper performance of its obligations despite the persistence of force majeure events.

The Application may contain links to third-party sites/applications/services. The Owner does not exercise any control over them and, therefore, is in no way responsible for the content of these. Some of these links may refer to third-party sites/applications/services that provide services through the Application. In these cases, the general terms and conditions for the use of the site/application/service and for the use of the service prepared by the third parties shall apply to the individual services, with respect to which the Owner assumes no responsibility.

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://logilize.com/privacy-policy/

The Conditions are governed by Italian law. For Professional users, for any dispute relating to the Application, and the performance and interpretation of these Conditions, the court of the place where the Owner has its registered office shall have jurisdiction. For Consumer Users, any dispute relating to the application, performance and interpretation of these Conditions shall be submitted to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User’s right to bring proceedings before a court other than the “consumer forum” pursuant to art. 66-bis of the Consumer Code, having territorial jurisdiction according to one of the criteria set out in arts. 18, 19 and 20 of the Italian Code of Civil Procedure. Without prejudice to the application, to Consumer Users who do not have their habitual residence in Italy, of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the time limit for exercising the right of withdrawal, the time limit for returning the Products, in the event of exercising such right, the methods and formalities of communicating the same, and the legal guarantee of conformity.

The Consumer User residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve out of court any dispute relating to and/or arising from contracts for the sale of goods and the supply of services concluded online. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 01/08/2024