Terms of Service
Last updated April, 14th, 2023.
Welcome to Claudio! Please review our terms, you must agree to them in order to use Claudio.
If you are using Claudio on behalf of your business, make sure you are allowed to agree to our terms of service.
If we change and/or update this document, we will post a note on our website and email you.
Legal Terms of Service
Please Read Carefully Before Using This Website: The following terms of service govern your use of the Claudio Website (the “Site”) and the Claudio web-based, application integration and data linking service accessed through the Site (“Service”), both of which are operated by Automyo Srl (“Automyo”).
By using the Site and/or the Service, you irrevocably agree that such use is subject to these Terms of Service.
If you do not agree to these Terms of Service, you may not use the Site or the Service.
If
you are entering into these Terms of Service on behalf of an entity,
you represent that you have the actual authority to bind such entity to
these Terms of Service.
Claudio expressly reserves the right to modify the Terms of Service
at any time in its sole discretion, and without prior notice to you, by
including such alteration and/or modification in theseTerms of Service,
along with a notice of the effective date of such modified Terms of
Service.
Any continued use by you of the Site or the Service after
the posting of such modified Terms of Service shall be deemed to
indicate your irrevocable agreement to such modified Terms of Service.
Accordingly,
if at any time you do not agree to be subject to any modified Terms of
Service, you may no longer use the Site or Service.
User Account Registration
Passwords and Fees
You will need to sign up for an account to use Claudio.
Keep your password safe and let us know if you detect any unusual behavior on your account immediately.
You also must be at least 18 to use Claudio.
Refund requests are subject to our refund policy.
You may upgrade, downgrade or cancel your use of the Service at any time, but we do not provide prorate refunds or adjustments.
To cancel your User Account, you must do so on our website settings page.
(a) Account Registration and Use License: In order to access and use
all of the features of the Service, you are required to open an account
(“User Account”) by registering with Claudio.
When you register for
your User Account you must provide true, accurate, current and complete
information (“Account Information”), and you agree to update the
AccountInformation in order to ensure that it is current.
Upon proper
registration and opening of a User Account, and subject to all of the
terms and conditions of these Terms of Service, Claudio hereby grants to
you the personal, non-transferable right and license to use theService,
solely for your own internal business purposes, until such time as
either you or Claudio elect to terminate such right in accordance with
these Terms and Conditions.
(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you(i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You must be at least 18 years of age or older to use the Site.
(c) Passwords: Upon registration on the Site, you will provide Claudio with a password to access your account.
You
are responsible for maintaining the confidentiality of your password
and for all of your activities and those of any third party that occur
through your account, whether or not authorized by you.
You agree to immediately notify Claudio of any suspected or actual unauthorized use of your User Account.
You
agree that Claudio will not under any circumstances be liable for any
cost, loss, damages or expenses arising out of a failure by you to
maintain the security of your password.
Site Content
Unless otherwise noted, information published on this site are copyrighted works of Claudio.
Third
party information, such as data accessed through a service on Claudio,
is subject to the copyrights of those third party systems.
You can copy information on this site for your own personal use.
Please do not infringe the copyrights of others using Claudio or your account may be deleted.
(a) Claudio Content: Except as may be otherwise noted, the
information, materials (including, without limitation, HTML, text,
audio, video, white papers, press releases, data sheets, product
descriptions, software and FAQs and other content) available on the Site
and/or the Service (collectively, “Claudio Content”) are the
copyrighted works of Claudio and its licensors, and Claudio and its
licensors expressly retain all right title and interest in and to the
Claudio Content, including, without limitation, all intellectual
property rights therein and thereto.
Except as expressly permitted in
these Terms of Service, any use of theClaudio Content may violate
copyright and/or other applicable laws.
(b) Third Party Content: In addition to Claudio Content, the Site
and/or the Service may contain information and materials provided to
Claudio by third parties (collectively, “ThirdParty Content”).
Third
Party Content is the copyrighted work of its owner, who expressly
retains all right title and interest in and to the Third Party Content,
including, without limitation, all intellectual property rights therein
and thereto.
In addition to being subject to these Terms of Service,
Third Party Content may also be subject to different and/or additional
terms of use and/or privacy policies of such third parties.
Please
contact the appropriate third party for further information regarding
any such different and/or additional terms of use applicable to Third
Party Content.
(c) Limited Site Content License: Claudio grants you
the limited, revocable, non-transferable, non-exclusive right to use the
Claudio Content and Third Party Content (collectively, “Site Content”)
by displaying the Site Content on your computer, and downloading and
printing pages from the Site containing Site Content, under the
condition that(i) such activity is solely for your personal, education
or other noncommercial use,(ii) you do not modify or prepare derivative
works from the Site Content,(iii) you do not obscure, alter or remove
any notice of copyright set forth on any Site pages or Site Content,(iv)
you do not otherwise reproduce, re-distribute or publicly display any
of the Site Content and(v) you do not copy any Site Content to any other
media or other storage format.
(d) Trademarks: All trademarks, service marks and logos included on the Site (“Marks”)are the property of Claudio or third parties, and you may not use such Marks without the express, prior written consent of Claudio or the applicable third party.
(e) Monitoring of Site Content and use of Service: Claudio reserves
the right, but does not undertake the obligation, to monitor use of the
Site and/or the Service, and to investigate and take appropriate legal
action against any party that uses the Site in violation of these Terms
of Service or applicable law.
Claudio reserves the right to accept,
reject or modify any Site Content or User Content, but assumes no
liability based on its acceptance, rejection, modification or failure to
modify any Site Content or User Content.
(f) Copyright Infringement: As a condition of your right to use the
Site and the Service, you agree to respect the intellectual property
rights of others.
Accordingly, you agree not to upload or post to the
Site or the Service any copyrighted materials, trademarks or other
proprietary information belonging to any third party without the prior
written consent of the applicable third party.
You acknowledge that
Claudio will terminate your access to the Site and/or the Service if you
repeatedly infringe the copyright of third parties.
If you believe
that your copyrighted work has been illegally uploaded or posted on the
Site or the Service, you may send a written notice to Claudio at claudio@https://automyo.com.
Your Use of the Site and ServiceTo use Claudio, you must agree you won’t use Claudio to break any local laws.
You can’t republish or resell Claudio.
You can use Claudio but that doesn’t mean you can copy or redistribute our intellectual property (like our trademarks, name, logo, source code, etc).
Again, you have to follow your local laws when using Claudio.
Claudio has/may have a lot of user-submitted content (like our
support forums, team accounts, developer platform, and Flow templates).
By uploading content to Claudio, you are granting us certain license rights to that content.
We may moderate this content or remove it at our discretion.
Sometimes we will access your content in order to provide support or technical assistance.
Please
note that Claudio does not receive any rights in any information or
data from your accounts with third party services (i.e., Gmail or
Dropbox) that is passed through or is processed by Claudio, unless you
choose to make it publicly available on Claudio.
Back up your content! We do our absolute best to ensure against data loss but we can’t guarantee against it.
It is always a good practice to regularly backup your data, regardless of whether you useClaudio.
We encrypt everything where possible, but there may be times when
data is communicated insecurely (for example email or an unencrypted API
we work with).
Our terms of service are effectively a contract
between you and Claudio and are subject to termination and/or
suspension, so make sure you read them.
We feature partners and reviews on our website.
We will ask your permission before using your name or photo.
We normally contact people via email to obtain their permission.
(a) Account and Use of Service: You may use your User Account for the
Service only in accordance with these Terms of Service and only for
lawful purposes.
You are responsible for your own communications,
including the upload, transmission and posting of information, and are
responsible for the consequences of their posting on or through
theService.
(b) Fees: Some features of the Service may only be accessed and used upon the payment of applicable fees (“Fees”).
Fees may vary depending on usage in accordance with our current pricing policy.
If
you do not initially register for a version of the Service that
requires the payment of a fee, you will nonetheless be permitted to use
all of the features of the Service for a period of fourteen (14) days
(“Free Trial Period”).
Upon the expiration of the FreeTrial Period,
you will only be able to access and use those features of the Service
the use of which does not require the payment of a Fee, unless you
subsequently upgrade to a paid version of the Service.
All Fees are
exclusive of all taxes, levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of all such taxes, levies, or
duties, excluding only local taxes.
(c) Refunds, Upgrading and Downgrading: Refunds are processed according to our fair refund policy.
Any upgrade or downgrade in your Service use will result in the new Fees being charged at the next billing cycle.
There will be no prorating for downgrades in between billing cycles.
Downgrading your Service may cause the loss of features or capacity of your User Account.
Claudio does not accept any liability for such loss.
(d) Cancellation and Termination by You: You are solely responsible for properly canceling your User Account.
An email or phone request to cancel your User Account is not considered cancellation.
You
can cancel your User Account at any time by clicking on the “Delete
Account” button in the User Account tab at the left of Claudio’s
windows. If you cancel your User Account before the end of your current
paid up month, your cancellation will take effect immediately, and you
will not be charged again. But there will not be any prorating of unused
time in the last billing cycle.
(e) Termination and Suspension by Claudio: Claudio may terminate your
User Account and/or these Terms of Service at any time and for any
reason upon notice to you.
We may also suspend our Service to you at any time, with or without cause.
If we terminate yourUser Account without cause, we will refund a prorated portion of your monthly prepayment.
We
will not refund or reimburse you if we terminate your User Account for
cause, including (without limitation) for a violation of these Terms of
Service.
Once your User Account is terminated, we may permanently delete your User Account and all the data associated with it.
If
you do not log in to your User Account for 12 or more months, we may
treat your User Account as “inactive” and permanently delete the User
Account and all the data associated with it.
(f) Prohibited Conduct: Claudio specifically prohibits any use of the Site or the Service for:
(i) posting any (1) information which is incomplete, false, inaccurate or not your own,(2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it,(3) material that infringes on any other intellectual property, privacy or publicity right of another,(4) advertisement, promotional materials or solicitation related to any product or service that is competitive with Claudio products or services or(5) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses;
(ii) impersonating another person;
(iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or
(iv) transmitting or transferring (by any means) information or software derived from the Site or the Service to foreign countries or certain foreign nations in violation of EU’s export control laws.
In addition, you are prohibited from violating or attempting to violate the security of the Site, the Service or Claudio’s system or network security, including, without limitation, the following: (1) accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server or any other computer system; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (3) attempting to interfere with the function of the Site, the Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of the Site’s or Claudio’s system or network security may result in civil or criminal liability.
(g) User Content: If you elect to display, post, submit or otherwise
make available to others, on the Site any content or works of
authorship, including, without limitation, images, audio files, text,
software (but excluding User software) or other materials,
(collectively, “User Content”), you hereby grant to Claudio a perpetual,
irrevocable, royalty-free, worldwide, non-exclusive right and license,
including the right to grant sublicenses to third parties, to use,
reproduce, publicly display, publicly perform, prepare derivative works
from and distribute such User Content, for any purpose.
In addition,
you hereby irrevocably represent and warrant to Claudio that (i) you
have all necessary power, authority, right, title and/or licenses to
grant to Claudio the foregoing right and license and (ii) the posting,
submission, display by you of User Content on the Site, and the exercise
by Claudio of the foregoing license does not and will not (1) violate
any applicable law or government regulation or (2) infringe any right of
publicity or invades the privacy of others, or any intellectual
property right of any third party, (iii) no User Content you provide (1)
will constitute obscene, pornographic, indecent, profane or otherwise
objectionable material, (2) is discriminatory, hateful or bigoted
toward, or abusive of, any group or individual, or(3) is libelous or
defamatory.
For the avoidance of doubt, any information or data from
your accounts with third party services (i.e., Gmail or Dropbox) that is
passes through or is processed by Claudio and which you do not make
publicly available on Claudio, is not User Content, and Claudio does not
receive any rights in such information or data.
(h) Suggestions: You hereby grant to Claudio a royalty-free, worldwide, transferable, sublicense able, irrevocable, perpetual license to use or incorporate into the Site and/or theService any suggestions, enhancement requests, recommendations or other feedback provided by you to Claudio that is related to the Site and/or the Service.
(i) Indemnification: You hereby irrevocably agree to indemnify,
defend and hold Claudio, its affiliates, directors, officers, employees
and agents harmless from and against any and all loss, costs, damages,
liabilities and expenses (including attorneys’ fees) arising out of or
related to (1) any third party claim resulting from a breach by you of
any of your covenants, representations or warranties contained in these
Terms of Use and/or (2) your use of the Site and/or the Service.
(j)
Developer Platform: Subject to all of the terms and conditions of these
Terms ofService, you may use the Claudio developer platform (“Platform”)
to create additional features (“Additional Features”) for the Service
that leverage your application programming interfaces (“API(s)”).
Claudio reserves the right to accept or reject any such additional features.
You retain all ownership rights to the Additional Features you create and all data associated with such Additional Features.
You
grant to Claudio a perpetual, irrevocable, royalty-free, worldwide,
non-exclusive right and license to use, reproduce, publicly display,
publicly perform and distribute your Additional Features and associated
data as Claudio deems reasonably necessary or appropriate in connection
with the Service.
(k) Team Accounts: You may be invited to establish or join a Claudio team account (“TeamAccount”).
Each Team Account will have an administrator who can accept or remove TeamAccount members.
By
agreeing to join a Team Account, you acknowledge that (i) your
identity, including name, email address, and avatar (if any), will be
disclosed to other Team Account members, and the Team Account
administrator will also have access to your task usage, and(ii) your
User Content will be viewable by all Team Account members.
You will
have the option to share with other Team Account members any Flows you
have created and/or any third party applications with which you have
connected.
If you share a Flow, all Team Account members can view and edit such Flow.
If
you share a third party application with which you have connected, all
TeamAccount members will have read/write access to the data associated
with such third party application.
(l) Export Control: You hereby represent and warrant that (i) you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law,(ii) you will not use the Site or any Site Content in a manner that violates the EU law.
Linked Websites
Claudio links to a lot of third party sites with their own terms of service which are distinct and different from our own.
The
Site may contain links to other websites that are not owned or operated
by Claudio, and you agree that Claudio provides links to such websites
solely as a convenience and has no responsibility for the content or
availability of such websites, and that Claudio does not endorse such
websites or any products or services associated therewith.
Your use of such websites will be subject to the terms of use applicable to each such website.
LIMITATION OF LIABILITY
We specifically limit our liability if something goes wrong.
(a)
Warranty Disclaimer: THE SITE AND, SITE CONTENT AND THE SERVICE ARE
PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Claudio
MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONTENT ARE COMPLETE,
SUITABLE FOR YOUR PURPOSE, OR ACCURATE.
ON BEHALF OF ITSELF AND ITS LICENSORS, Claudio
HEREBY EXPRESSLY DISCLAIMS ANYAND ALL IMPLIED, STATUTORY OR OTHER
WARRANTIES WITH RESPECT TOTHE SITE, SITE CONTENT AND SERVICE, OR THE
AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON INFRINGEMENT.
THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USEOF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND Claudio
MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE
AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE
AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE
CORRECTED.
(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT Claudio
SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED
TO YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE OR THE SITE
CONTENT, INCLUDING,WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT,
INCIDENTAL,CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR
PROFITS, LOSS OF REVENUE, LOSS OF DATA.
LOSS OF GOODWILL OR FORANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF Claudio
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF
THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF
CONTRACT OR IN TORT,INCLUDING NEGLIGENCE.
You acknowledge that you have read, understand and agree to Claudio’s
Privacy Policy located at
https://claudio.greenvulcano.com/privacy-policy, which is hereby
incorporated into and made a part of these Terms of Service by this
reference.
Location of the Site and your Use Claudio may operate servers across the world and they are controlled from offices in Italy.
You are responsible for compliance with any local laws that may affect you, geographically speaking.
Claudio operates or controls the operation of this Site and the Service from offices in Italy.
In
addition, the Site and the Service may be mirrored, and other websites
operated or controlled by Claudio may be located, at various locations
in and outside Italy.
Claudio makes no representation or warranty that all of the features
of this Site or Service will be available to you outside of Italy, or
that they are permitted to be accessed outside of the Italy.
You
acknowledge that you are solely responsible for any decision by you to
use of this Site and/or the Service from other locations, and that such
use may be subject to, and that you are responsible for, compliance with
applicable local laws.
These general terms of service are final.
These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected.
These Terms of Service supersede all prior or contemporaneous
discussions, proposals and agreements between you and Claudio relating
to the subject matter hereof.
No amendment, modification or waiver of
any provision of these Terms of Service will be effective unless in
writing and signed by an officer of Claudio.
If any provision of
these Terms of Service is held to be invalid or unenforceable, the
remaining portions will remain in full force and effect and such
provision will be enforced to the maximum extent possible so as to
effect the intent of the parties and will be reformed to the extent
necessary to make such provision valid and enforceable.
No waiver of rights by Claudio may be implied from any actions or failures to enforce rights under these Terms of Service.
These
Terms of Service are intended to be and are solely for the benefit of
Claudio and you and do not create any right in favor of any third party.
These Terms of Service will be governed by and construed in accordance with the italian laws.
All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Rome, Italy, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
Privacy
You can find our full privacy policy here.
Please visit http://https://automyo.com/privacy-policy to understand how Claudio collects and uses personal information.
We specifically limit our liability if something goes wrong.