TERMS AND CONDITIONS
These General Terms and Conditions of Service (hereinafter “GTS”) govern the relationship relating to the Service offered by Open Gate S.p.A. to Clients, meaning Companies, Businesses, Professional Firms and VAT number holders who use the service for their own business activities, within the AIDeskPro IT platform accessible at www.aideskpro.com.
1.1. Open Gate provides Clients with a Service consisting of the use under licence of the AIDeskPro platform, based on generative Artificial Intelligence - AI, which enables text generation, document querying and other features.
1.2. The Service is provided with different functions and usage (number of users), depending on the type of licence purchased.
Access to the Service (“log in”) is permitted:
- through the use of an identification code (UserID) and a password assigned to the Client and communicated via email;
- or through direct access via third-party services (Google Platform).
Authentication credentials are personal, confidential and non-transferable.
In the case of multi-user accounts, the Client must assign each activated user account to distinct natural persons (firstname.lastname@company.com), excluding generic email addresses (e.g. sales@company.com).
To access the Services, the Client declares:
- to be authorised to represent the relevant organisation;
- that use of the Service binds the organisation to these GTS;
- to assume full responsibility for improper and/or unlawful use of accounts by the various Users.
The Client undertakes to use the Services exclusively for lawful purposes and in compliance with applicable laws on personal data protection and intellectual property.
It is expressly prohibited to enter, through use of the platform, information of a paedophilic, pornographic, obscene, blasphemous, offensive, defamatory or political nature. It is also prohibited to take any action that could damage, disable, overload or compromise the functionality of the platform.
Open Gate is in no way responsible for information provided by the Client, nor is it required to verify or check it.
Open Gate undertakes to provide the Services in accordance with quality standards appropriate to ordinary professional diligence in the sector.
Open Gate assumes no responsibility, direct or indirect, for any damages or losses caused by or in connection with the use of third-party content, goods or services (e.g. OpenAI and Google).
Should Open Gate’s liability be established, the maximum amount of any damages payable shall be 50% of the amounts already received for the Services provided.
5.1. The support service is provided in relation to issues connected with the performance of the services that are the subject of this contract. Any type of consultancy not relating to the supply of the Services governed by these GTS is expressly excluded from support.
5.2. To request support, the Client must send a specific and detailed request by email to: support@opengate.biz; Open Gate will respond within a reasonable time, subject to its organisational requirements.
6.1. Open Gate reserves the right, in the event of technical faults and/or other issues relating to the nature and functioning of the Internet, to suspend or interrupt the provision of the Services at any time and without notice.
6.2. Open Gate excludes any liability for the interruption of Services resulting from the aforementioned circumstances and will do everything in its power to restore the service as quickly as possible.
6.3. The Service will be provided efficiently and continuously, except for “service downtime” periods necessary for maintenance, which will be kept as short as possible.
6.4. Open Gate may suspend the provision of Services automatically in the event that the Client fails to provide updated, complete, truthful and correct personal data, or in the event of failure to pay the amounts due within the initial term for provision of the Services.
The Service has the duration indicated at the time of order, with automatic renewal for the same contractual period upon expiry, unless notice of termination is given with advance notice of:
- 10 days in the case of monthly renewal
- 30 days in the case of semi-annual or annual contractual terms
To send notice of termination:
- Registered mail: Open Gate, Gorgonzola (20064 - MI), via Milano n. 37/c, Italy
- PEC: opengatesrl@legalmail.it
- Email: sales@opengate.biz
8.1. The trademarks and distinctive signs published on the website dedicated to the platform are the property of Open Gate and protected by applicable law.
8.2. The software connected to the provision of the Services, and the subject of the licence granted to the User, is protected by intellectual property rights in favour of Open Gate, in accordance with applicable copyright law (in particular the Berne Convention and Law 633/1941 and subsequent amendments).
9.1. Each party undertakes – for the entire duration of the contract and thereafter – to process the personal data it becomes aware of in the performance of the services governed by these GTS in accordance with applicable personal data protection legislation.
9.2. In particular, the Client declares to have read the privacy policy and to have given consent to processing where required.
9.3. The privacy policies relating to the processing of data connected with the performance of the services that are the subject of this contract are considered an integral and essential part of the contract itself.
10.1. These GTS and any agreement between Open Gate and the User are governed by Italian law.
10.2. Exclusive jurisdiction to hear disputes is attributed to the Court of Milan.
11.1. Use of the platform is governed by the GTS approved at the time of access to the Service.
11.2. Open Gate reserves the right to amend the GTS for legitimate reasons connected with the need to adapt to regulatory changes or legal obligations.
11.3. Open Gate reserves the right to modify the technical characteristics of the Service and to vary the conditions of the offer at any time, when required by technological evolution.
11.4. Amendments to the GTS or prices will be communicated to the Client with 10 days’ notice, during which the Client may exercise the right to withdraw from the contract by written communication via PEC (opengatesrl@legalmail.it) or registered mail.