Legal

Terms and Conditions

These Legal Terms constitute a legally binding agreement concerning your access to and use of Nexcomply services.

Agreement To Our Legal Terms

We are Nexcomply (Preview) ('Company', 'we', 'Us', or 'our'), a company registered in Italy.

We operate the website https://www.nexcomply.studio/ (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by phone at 3925192027, email at onboarding@nexcomply.studio, or by mail to Milano, Lombardia, Italy.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Nexcomply (Preview), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Table Of Contents

1. Our Services; 2. Intellectual Property Rights; 3. User Representations; 4. User Registration; 5. Prohibited Activities; 6. User Generated Contributions; 7. Contribution Licence; 8. Guidelines For Reviews; 9. Third-Party Websites And Content; 10. Advertisers; 11. Services Management; 12. Privacy Policy; 13. Copyright Infringements; 14. Term And Termination; 15. Modifications And Interruptions; 16. Governing Law; 17. Dispute Resolution; 18. Corrections; 19. Disclaimer; 20. Limitations Of Liability; 21. Indemnification; 22. User Data; 23. Electronic Communications, Transactions, And Signatures; 24. California Users And Residents; 25. Miscellaneous; 26. Contact Us.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations, including Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or similar regulations. If your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights, unfair competition laws, and treaties in the United States and around the world. The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Subject to your compliance with these Legal Terms, including the 'Prohibited Activities' section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in these Legal Terms, please address your request to onboarding@nexcomply.studio. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.

By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt, and exploit your Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate into other works your Contributions.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of these Legal Terms, any third party's intellectual property rights, or applicable law. We may remove or edit your Content at any time without notice if we consider such Contributions harmful or in breach of these Legal Terms.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please refer to the Copyright Infringements section below.

3. User Representations

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us.

As a user of the Services, you agree not to systematically retrieve data or other content from the Services without written permission; trick, defraud, or mislead us or other users; circumvent security-related features; disparage or harm us or the Services; use information from the Services to harass, abuse, or harm another person; submit false reports; use the Services inconsistently with applicable laws; frame or link to the Services without authorisation; upload viruses or disruptive materials; engage in automated use of the system; delete proprietary notices; impersonate another person; upload spyware or passive collection mechanisms; interfere with or disrupt the Services; harass our employees or agents; bypass access restrictions; copy or adapt software; decipher, decompile, disassemble, or reverse engineer software except as permitted by law; use automated systems such as spiders, robots, scrapers, or offline readers; use buying agents; collect usernames or email addresses for unsolicited email; create accounts by automated means or false pretences; or use the Services to compete with us or for unauthorised revenue-generating endeavours.

6. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites and may be treated as non-confidential and non-proprietary.

When you create or make available Contributions, you represent and warrant that your Contributions do not infringe third-party rights; that you have all necessary rights, licences, consents, releases, and permissions; that your Contributions are not false, inaccurate, misleading, unsolicited advertising, obscene, violent, harassing, libellous, slanderous, discriminatory, threatening, or otherwise objectionable; that they do not violate any law, regulation, privacy right, publicity right, or provision of these Legal Terms; and that they do not include unlawful or harmful content concerning minors or protected characteristics.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

7. Contribution Licence

By posting your Contributions to any part of the Services, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate into other works such Contributions.

This licence applies to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted.

We do not assert ownership over your Contributions. You retain full ownership of your Contributions and associated intellectual property rights. You are solely responsible for your Contributions and agree to exonerate us from responsibility and refrain from legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to edit, redact, recategorise, pre-screen, or delete Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions.

8. Guidelines For Reviews

We may provide areas on the Services to leave reviews or ratings. When posting a review, you must have firsthand experience with the person or entity being reviewed; avoid offensive, abusive, racist, hateful, discriminatory, or illegal references; not be affiliated with competitors when posting negative reviews; not make legal conclusions; not post false or misleading statements; and not organise campaigns encouraging others to post reviews.

We may accept, reject, or remove reviews in our sole discretion and have no obligation to screen or delete reviews. Reviews are not endorsed by us and do not necessarily represent our opinions. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to the review.

9. Third-Party Websites And Content

The Services may contain links to other websites ('Third-Party Websites') and content originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked by us for accuracy, appropriateness, or completeness, and we are not responsible for them or for their content, privacy practices, or policies.

If you decide to leave the Services and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any website or application. Any purchases through Third-Party Websites are exclusively between you and the applicable third party, and you agree to hold us blameless from harm or losses caused by such products, services, content, or contact.

10. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements and have no other relationship with advertisers.

11. Services Management

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who violates the law or these Legal Terms; refuse, restrict access to, limit availability of, or disable Contributions; remove files and content that are excessive in size or burdensome to our systems; and otherwise manage the Services to protect our rights and property and facilitate proper functioning.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.nexcomply.studio/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in Italy. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from applicable laws in Italy, through your continued use of the Services you are transferring your data to Italy and consent to have your data transferred to and processed in Italy.

13. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us using the contact information provided below. A copy of your notification may be sent to the person who posted or stored the material addressed in the notification. If you are unsure whether material infringes your copyright, consider contacting an attorney.

14. Term And Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF THESE LEGAL TERMS OR APPLICABLE LAW.

We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time without warning. If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action.

15. Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update information on our Services and will not be liable for any modification, price change, suspension, or discontinuance.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need maintenance, resulting in interruptions, delays, or errors. We have no liability for loss, damage, or inconvenience caused by inability to access or use the Services during downtime or discontinuance.

16. Governing Law

These Legal Terms are governed by and interpreted following the laws of Italy, and the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided by obligatory provisions of the law in your country of residence. Nexcomply (Preview) and you agree to submit to the non-exclusive jurisdiction of the courts of Sicilia.

17. Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Any dispute arising from the relationships between the parties shall be determined by one arbitrator chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, part of the European Centre of Arbitration having its seat in Strasbourg. The seat of arbitration shall be Italy, Italy. The language of the proceedings shall be Italiano. Applicable substantive law shall be the law of Italy.

Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with another proceeding, no dispute shall be arbitrated on a class-action basis, and no dispute shall be brought in a representative capacity. Disputes concerning intellectual property rights, theft, piracy, invasion of privacy, unauthorised use, or claims for injunctive relief are exceptions to informal negotiations and arbitration.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time without prior notice.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY LINKED WEBSITES OR APPLICATIONS AND WILL ASSUME NO LIABILITY FOR ERRORS, PERSONAL INJURY, UNAUTHORISED ACCESS, INTERRUPTION, BUGS, VIRUSES, ERRORS, OMISSIONS, OR LOSS OR DAMAGE RESULTING FROM USE OF CONTENT MADE AVAILABLE VIA THE SERVICES.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any linked website or application. You should use your best judgement and exercise caution where appropriate.

20. Limitations Of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, use of the Services, breach of these Legal Terms, breach of your representations and warranties, violation of third-party rights, or harmful acts toward another user.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence. We will use reasonable efforts to notify you of such claims, actions, or proceedings upon becoming aware of them.

22. User Data

We will maintain certain data that you transmit to the Services for managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data that you transmit or that relates to activity undertaken using the Services. You agree that we have no liability for loss or corruption of such data.

23. Electronic Communications, Transactions, And Signatures

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

24. California Users And Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined unlawful, void, or unenforceable, that provision is deemed severable and does not affect remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms or use of the Services.

26. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Nexcomply (Preview), Milano, Italy, onboarding@nexcomply.studio.