Art. 1 - Terms of Service.

Art. 1.1 - The Terms of Service (which we will refer to as for the sake of brevity as "Terms") that are set forth herein, regulate the use of the services of the TRAPTRAINER system (which for the sake of brevity we will refer to as "Services" or "TRAPTRAINER") including the applications, websites, push notifications, e-mails, APIs, and any other information such as text, images, graphics or other material generated, uploaded, downloaded or present in the Services (which for the sake of brevity will be referred to as "Content").

The company AR SOLUTION in collaboration with any partners, service providers, sponsors and/or affiliates provides the Services indicated herein.

By accepting and strictly observing these Terms, the User may use the Services. By accessing or using the Services, the User agrees to be bound by compliance with these Terms of Service.

Art. 2 – Definitions

All the terms and technical and IT concepts used in these Terms are deemed to be known to the parties. For information purposes, some terms are specified:

- Account: the account consists of a userId and a password that uniquely identifies the user of the service;

- FAQ: document containing frequently asked questions;

- Link: in the hypertext this is a link to another document or another site;

- Network: system of computers connected to each other;

- Newsgroup: a particular area of​the internet, in the Usenet network, where users discuss various topics;

- Newsletter: a periodical informative update that a company, institution or work group sends to its customers, users or members, regarding its activities or commercial promotions of partners.

- Password: password consisting of alphanumeric characters;

- Server: computer or programme that provides services to users;

- Spam: sending of unsolicited e-mails;

- Usenet: telematic network where particular servers work to collect and forward messages on Newsgroups;

- UserId or Username: identifying name of the service user;

- URL (Uniform Resource Locator): standard method for communicating with a server on the network and passing addresses to it in order to access a web page

- Web hosting (or simply "Hosting"): represents a way to make one or more websites on the net public; it involves the use of a certain amount of space on the hard disk of an internet server on which to store web pages.

- World Wide Web (or simply "web"): worldwide network that allows browsers to move from one site to another with a simple mouse click on the Links present on a web page.

- Push Notifications: type of instant messaging with which the message reaches the recipient without the latter having to download it (pull mode).

Art. 3 - General rules for using the service

Art. 3.1 - The user will be responsible for his /her use of the Services and Content generated, stored and/or transferred using the Services. The User will also be held responsible for any consequences arising from use of the Services.

The user guarantees that the personal information specified at the time of registration is up to date, complete and truthful. The user also undertakes to promptly communicate any changes to his/her data so that they are constantly up-to-date, complete and truthful

The company AR SOLUTION reserves the right to suspend the service temporarily or permanently at any time if the user violates these Terms, and reserves the right to take legal action.

The Services could support, now or in the future, features that allow the sharing of Content with other persons. The user must only provide Content that complies with these Terms and that he/she considers he/she may share with others, always in compliance with these Terms. The company AR SOLUTION reserves the right to suspend the service temporarily or permanently at any time if the user violates these Terms, and reserves the right to take legal action.

Art. 3.2 - The user may use the Services exclusively in accordance with these Terms and with any applicable local, state, national and international law, regulation and regulation. The user may use the Services only if he/she has the possibility to to enter into a binding agreement with AR SOLUTION and if he/she is not a subject forbidden to use the Services in accordance with Italian law or another applicable jurisdiction. In the event of the acceptance of these Terms and use of the Services on behalf of a company, organization, public administration or other entity having legal personality, the user declares and guarantees that he/she is authorized to do so.

The user undertakes:

a) not to interfere with or interrupt the service, the servers or networks connected to the service, and not to act contrary to any requirement, procedure or service rule

b) not to use the service for illegal purposes or against public order, morality and morals

c) not to use the service to transmit or spread (including through links) material which is illicit, pornographic, racist, damaging to privacy and/or in any case obscene, vulgar, defamatory or abusive

d) not to transmit material and/or messages that encourage third parties to carry out an illicit and/or criminal act leading to criminal or civil liability;

e) to observe, and ensure that any persons using the service observe, all the regulations, directives and network procedures connected to the service itself;

f) not to create headers or otherwise manipulate distinctive signs or indications for the purposes of counterfeiting the origin of a content of the service or the service itself;

g) not to use or disclose the content of the service in any way that involves the violation of patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights of the supplier or of third parties

h) not to send commercial and/or promotional messages or to carry out "spamming" activities, send chain letters or any other form of unauthorized solicitation targeting discussion groups and/or addresses of users who have no relationship with the sender.

i) not to disclose information to third parties in relation to the systems and methods of access to the service.

Article 3.3 The Company AR SOLUTION may also interrupt (permanently or temporarily) the provision of the Services (or any functions contained therein) to the User, or to users in general, and may be unable to communicate this in advance. The Services offered by the company AR SOLUTION may be subject to change and development and their form and nature may vary from time to time, without notice. The Company AR SOLUTION reserves the right to set limits on the use and storage of data or use of the communication band from/to the servers used to provide the Services at its sole discretion, at any time and without notice.

The user agrees that the technical processing, transmission or dissemination of the service, including its contents, may include the transmission or diffusion of the contents through other networks and require the provider to make changes to the service in order to bring it in line with or adapt it to the technical specifications, to the connection standards of its own networks or to the equipment and connection programmes.

The user acknowledges that the Company AR SOLUTION may modify the general rules of use of the service at any time and at its sole and exclusive discretion, giving notice to the user by e-mail with reasonable notice and in any case no later than 5 days prior to such changes, in order to allow the user to be able to view them in good time.

Art. 3-4 - The Services may include advertising, also regarding the Content or information on the Services, research carried out through the Services or other information. The types and amount of advertising by the company AR SOLUTION on the Services will be subject to variation. The User accepts that the Company AR SOLUTION and its suppliers and partners may publish advertisements on the Services or in the context of displaying the Content or information coming from the Services, either sent by the user or by other subjects.

The Services also include the sending and exchange between users of e-mails, for which the Company is exempt from any kind of liability regarding the sending to subjects other than those originally addressed as far as regards the content of the text and/or of the files and/images attached to it.

Art. 4. Privacy

By using the Services, the User consents to the collection and use of such data (as set out in the Privacy Policy), including their transfer to Italy, the United States and/or other countries, for the purposes of their storage, processing and use by AR SOLUTION. As part of the provision of the Services, AR SOLUTION may need to send the user some communications. Such communications will be considered part of the Services and of the User’s TRAPTRAINER account and the User may be unable to avoid receiving them.

The Privacy policy pursuant to Art. 13 of Legislative Decree no. 196 of 30 June 2003 "Personal Data Protection Code" is available on the website WWW.TRAPTRAINER.IT in the section "privacy policy".

Art. 5. Account and Password.

The user is solely and personally responsible for the conservation and confidentiality of his/her account and, consequently, he/she remains the only person responsible for all uses, whether authorized by the user or unauthorized. The user undertakes to log off from his/her account at the end of each session of use of the service.

The User is responsible for creating and keeping the password used to access the Services and any activity or action that requires the use of this password. In order to reduce the possibility of unauthorized use of the password, the company AR SOLUTION advises the adoption of passwords formed by a combination of upper and lower case letters, numbers and symbols. The company AR SOLUTION may not assume, nor will assume, any responsibility for loss or damage deriving from the non-observance of this advice.

The user undertakes not to transfer or divulge (directly or indirectly) to third parties either his/her personal UserId or password, and undertakes to immediately notify the Company AR SOLUTION of any possible theft and/or loss and/or unauthorized use by third parties of his/her UserId (MAIL) and password as soon as he/she becomes aware of this, undertaking in any case to indemnify the supplier against any and all requests, also for damages, proposal and/or deriving, directly or indirectly, from the above indicated use or abuse of the service and/or account.

Art. 6 - Restrictions to the Terms of Service

The parties agree that the contract will have a duration of 1 year running from the activation of the service as provided for in the Terms.

The parties agree that on the date of natural expiration of the contract it will be tacitly renewed for the same duration, and so on from year to year, unless the user gives notice of withdrawal communicated by registered letter with acknowledgment of receipt addressed to AR SOLUTION di Antonino Rizzo Via Fiume, 4 - 98066 PATTI (ME), sent at least 45 (forty-five) days before expiration

Art. 7. Content on the Services.

All Content, published or transmitted privately, (such as for example, emails, files and/or documents) will be the sole responsibility of the subject from which this Content originated. The company AR SOLUTION is not required to monitor or control the content published through the Services and disclaims any responsibility for such Content. The company AR SOLUTION reserves the right to suspend the service temporarily or permanently at any time if the user violates these Terms, and reserves the right to take legal action.

The company AR SOLUTION does not issue any kind of approval, support, declaration or guarantee in relation to the completeness, truthfulness, accuracy or reliability of the Content or communications published through the Services, nor does it endorse any opinion expressed through the Services. By accepting these Terms, the User states that he/she is aware that the use of the Services may expose him/her to offensive, harmful, inaccurate or otherwise inappropriate content or, in some cases, to content that has been wrongly marked or is otherwise misleading.

The company AR SOLUTION may not, in any way or circumstance, directly or indirectly, be held liable for the Content, including, but not limited to, any errors or omissions in the Content or any loss or damage of any kind resulting from the use of published Content, sent by e-mail, transmitted or otherwise made available through the Services or disseminated elsewhere.

Art. 8 User Rights.

Art. 8.1 The User will retain his/her rights over the Content that he/she sends, publishes or makes available on the Services, or through them. The User will also have the opportunity to know the data provided and to revoke them. By sending, publishing or viewing Content on the Services, or through the same, the User grants the company AR SOLUTION an irrevocable, non-exclusive, free worldwide licence (with the right to sub-license) for the use, copying, reproduction, processing, adaptation, modification, publication, transmission, display and distribution of such Content with any support or method of distribution (currently available or developed subsequently).

The User accepts that this license includes the right of the Company AR SOLUTION to provide, promote and improve the Services. The User also agrees to make available the Content sent to or through the Services to other companies, organizations or other partners of the company AR SOLUTION for the sharing, transmission, distribution or publication of such Content on other media and services, subject to AR SOLUTION’s terms of use of the Content.

These additional uses, by the company AR SOLUTION or other companies, organizations or other partners of the company AR SOLUTION, will occur without payment of any consideration to the User in relation to the Content that the latter sends, publishes, transmits or otherwise makes available through the Services.

Art. 8.2 The company AR SOLUTION may modify or adapt the User Content in order to transmit, view or distribute it through computer networks and various media and/or make changes to the Content that may be necessary to bring it in line with and adapt it to any requirements or restrictions of any network, device, service or support.

The User will be responsible for his/her use of the Services, of the Content provided and for any consequences that may derive therefrom, including the use of the Content by other users or third party partners of the Company AR SOLUTION. The User accepts that his/her Content may be shared, transmitted, distributed or published by partners of the Company AR SOLUTION and assumes any liability that may arise if he/she does not have the right to provide Content for such use. The Company AR SOLUTION will not be liable or suable for any use of the User Content pursuant to these Terms and the User declares and guarantees that he/she is in possession of all the rights, powers and authorities necessary for granting the rights envisaged in this document, in relation to the Content sent by the User.

Article 9. Licence to the User for use of the Services.

The company AR SOLUTION grants the User a worldwide personal licence that is not transferable and that is not exclusive to the use of the software that the company AR SOLUTION will provide to the user as part of the Services. The sole purpose of the licence will be to allow the User to use and enjoy the Services as provided by the Company AR SOLUTION, according to the methods permitted by these Terms.

The functions of the Services provided by the software of the company AR SOLUTION are subject to payment. The company AR SOLUTION reserves the right to change at any time the rate required for any functions of the Services. Failure to pay the fees requested by the User will make it impossible to use the corresponding functions, in the manner permitted by these Terms.

Art. 10. Company rights.

All rights, title and interest in the Services (excluding the Content provided by users) will be and remain the exclusive property of the company AR SOLUTION and its licensors. The Services will be protected by the laws on copyright, trademarks and other Italian laws and those of other foreign countries. Nothing contained in these Terms grants the User the right to use the name of the company AR SOLUTION or "TRAPTRAINER", or any of its trademarks, logos, domain names and other distinctive features of the brand. Any feedback, comment or suggestion that the User may provide about the Company AR SOLUTION or the Services is deemed to be entirely voluntary, and the Company AR SOLUTION will be free to use the feedback, comments or suggestions that it deems appropriate and without any obligation towards the User.

Art. 11. - Indemnity clause

The Company AR SOLUTION cannot in any way be held liable for any damage caused by the user and resulting from violations of the provisions set forth in these Terms.

In any case, the user undertakes to indemnify the provider as well as the subjects connected or controlled by the latter, its representatives, employees or auxiliaries, against any civil and criminal liability deriving from illicit, improper or abnormal use of the service, even if caused by third parties through the User’s account. In any case, the user undertakes to indemnify the Company AR SOLUTION against any and all claims, including those for damages, brought against the Company as a result of the user’s conduct.

Art. 12. - Limitation of liability

Without prejudice to the foregoing articles, the user acknowledges and agrees that the company AR SOLUTION may not under any circumstances be held liable - either on a contractual or a non-contractual basis - towards the user (or third parties) for any type of direct or indirect damage including damage related to data loss, even if the company AR SOLUTION has been warned (in writing or verbally) of the possible occurrence of such damage.

By way of example but not limitation, the company AR SOLUTION will not be liable for damages connected to or arising from:

a) the use of, misuse of or impossibility to use the service, whether due or not to the customer;

b) the cost of services to substitute the service purchased;

c) any modification, suspension or interruption of the service;

d) unauthorized access or alteration of transmissions and/or user data, including among other things any damage, also economic, which the user may have suffered due to lack of profit, use, loss of data or other intangible elements.

In any case, any express or implicit guarantees are expressly excluded to the extent that this does not conflict with current legal regulations and without prejudice to liability for wilful misconduct or gross negligence on the part of the provider.

Art. 13. Restrictions on Content and use of the Services.

Art. 13.1 The company AR SOLUTION reserves the right at any time (but will have no obligation) to remove or refuse distribution of Content on the Services, to suspend or close user accounts and to request the return of some usernames without any liability vis-à-vis the User. The Company AR SOLUTION also reserves the right to access, read, store and disclose information that it deems reasonably necessary in order to:

  1. comply with the law and/or regulations, legal process and/or applicable government requests
  2. impose the observance of the Terms, also by ascertaining potential violations thereof
  3. identify, prevent or otherwise deal with fraud or problems related to security or technical issues
  4. respond to requests for assistance from users, or protect the rights, property or security of the Company AR SOLUTION, its users and the public.

Art. 13.2 In accessing or using the Services, the User may not perform any of the following operations:

A) access, tamper with or use reserved areas of the Services, the computer systems of the Company AR SOLUTION or the technical delivery systems of the providers of the company AR SOLUTION;

B) probe, scan or test the vulnerability of any system or network or violate or circumvent any security or authentication measures;

C) access or perform searches or attempt to access or perform searches in the Services by any means (automated or otherwise) other than the published interfaces currently available, provided by the Company AR SOLUTION (and only pursuant to these Terms), unless the user has been specifically authorized to do so by a special agreement with the company AR SOLUTION.

Furthermore, the extraction of information carried out using automated methods (scraping) without the prior consent of the company AR SOLUTION is expressly forbidden

D) falsify the headers of any TCP/IP packet or part of the information in the header of any e-mail or post or otherwise use the Services to send altered, misleading or false identifying information of the source;

E) interfere with or interrupt (or attempt to do so) access to any user, host or network, including, but not limited to, introducing computer viruses, overburdening the system or using flooding, spamming or mail-bombing to the detriment of the Services or intervening through scripts on the creation of Content in order to interfere with the Services or cause an overload.

Art. 14. Rules on copyright and registered trademarks.

The Company AR SOLUTION reserves the right to remove any Content that is presumed to constitute a violation without prior notice, at its sole discretion and without liability vis-à-vis the User. Where appropriate, the Company AR SOLUTION will also close the User’s account if the latter shows the intention to reiterate the violation.

Within the scope of the Services, trademarks may be quoted or displayed whose rights are held by Third Parties ("Third Party Trademarks"). The access and use of the Services by the User does not imply the User’s right to use the trademarks held by the Company AR SOLUTION or the Third Party Trademarks.

All trademarks shown belong to their legitimate owners; third party brands, product names, trade names, corporate names and companies mentioned may be trademarks of their respective owners or registered trademarks of other companies, and have been used for the sole purpose of explanation and for the benefit of the owner, without any aim to infringe current Copyright.

All information and content (texts, graphics and images) shown are, to the best of our knowledge, in the public domain; if, unintentionally, material has been published which is subject to copyright or in violation of the law, please let us know and we will immediately remove it.

Under no circumstances may the User use the Trademarks of the Company AR SOLUTION or the Third Party Trademarks to discredit the company AR SOLUTION or Third Parties, any of their products/services or, in any way and according to the unquestionable opinion of the company AR SOLUTION, damage the Company AR SOLUTION or Third Parties.

The person designated by the company AR SOLUTION for notifications of alleged violations of copyright on the Services is:

Antonino Rizzo

Via Fiume 4, 98066 PATTI (ME), Italy

EMAIL: info@traptrainer.it

Art. 15. Termination of these Terms of Service.

These Terms of Service will remain in force until they are terminated by the User or by the company AR SOLUTION, according to the following procedures.

The User may terminate his/her agreement with the Company AR SOLUTION at any time and for any reason, deactivating his/her accounts by means of a registered letter with acknowledgment of receipt to the address of the company AR SOLUTION (Via Fiume 4, 98066 PATTI (ME), Italy) or by e-mail, which will only be valid on confirmation of receipt by the company AR SOLUTION. If the User interrupts the use of the Services without deactivating his/her account, the account may be deactivated due to prolonged inactivity.

The Company AR SOLUTION may suspend or terminate the User’s accounts or cease to provide the User with all the Services, or part of them, at any time and for any reason, including, but not limited to, the case in which it reasonably believes:

  1. that the User has violated these Terms;
  2. that the User represents a risk or a possible source of exposure to legal risks for the company AR SOLUTION
  3. that the provision of the Services to the User by the Company AR SOLUTION is no longer commercially possible.

In all these cases, these Terms will cease, including, but not limited to, the licence to use the Services, except for the following clauses, which will continue to apply: 7, 8, 10, 13, 15, 16, 17.

Nothing contained in this clause will prejudice the rights of the Company AR SOLUTION to modify, limit or interrupt the provision of the Services without notice, as provided for in the clause

Art. 16. Exclusions and limitations of liability.

A careful reading of this clause, which sets forth the limitations of liability of the Company AR SOLUTION and its officers, employees, agents, partners and licensees, if there are any, is recommended. Each of the following clauses applies only up to the maximum extent permitted by applicable law. Some jurisdictions do not allow clauses on the exclusion of liability regarding implied warranties or limitation of liability in contracts and, consequently, the contents of this clause may not apply to the user. Nothing contained in this clause is intended to limit any right that the user may claim and for which the law does not envisage the possibility of limitations.

A) The Services are available "IN THE STATE IN WHICH THEY ARE (AS IS)".

Access to and use of the Services or Content by the user is at the risk of the latter. The user is informed and agrees that the Services are provided "AS IS" and "ACCORDING TO AVAILABILITY". Without prejudice to the foregoing and to the maximum extent permitted by applicable law, the Company AR SOLUTION DECLINES ALL RESPONSIBILITY REGARDING WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR SPECIFIC PURPOSES OR ABSENCE OF VIOLATION OF THIRD PARTY RIGHTS.

The company AR SOLUTION makes no warranty and declines any responsibility regarding:

  1. the completeness, accuracy, availability, punctuality, security and reliability of the Services or the Contents;
  2. B) any damage to the computer system or loss of user data or other damage resulting from access or use of the Services or Content by the user;
  3. the cancellation or failure to save or transmit Content and other communications present in the Services;
  4. the fact that the Services meet the user’s needs or are available without interruptions, securely and without errors. No suggestions or information, in oral or written form, obtained by the Company AR SOLUTION or through the Services, will give rise to any guarantee that is not expressly contained in this document.

B. Links.

The Services may contain links to websites or third-party resources. The user acknowledges and accepts that the company AR SOLUTION is neither responsible nor liable for:

  1. the availability or accuracy of such websites or resources;
  2. the content, products or services contained or available on such websites or resources. Links to such websites or resources do not imply any approval by the Company AR SOLUTION of such websites or resources or of the content, products or services available on such websites or resources. The user recognizes his/her sole responsibility and assumes all risks arising from the use of such websites or resources.

C. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AR SOLUTION WILL NOT BE LIABLE FOR ANY INDIVIDUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, NOR WILL IT BE LIABLE FOR LOSS OF REVENUE, DIRECTLY OR INDIRECTLY, OR LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSS RESULTING FROM THE ACCESS, USE, OR IMPOSSIBILITY TO ACCESS OR TO USE THE SERVICES BY THE USER; FROM THE CONDUCT OR FROM THE CONTENT OF THIRD PARTIES ON THE SERVICES, BY WAY OF EXAMPLE BUT NOT LIMITATION, THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; FROM THE CONTENT OBTAINED FROM THE SERVICES; OR FROM THE ACCESS, UNAUTHORIZED USE OR ALTERATION OF THE TRANSMISSIONS OR USER CONTENT.

Art. 17. Other provisions.

A. Waiver and partial nullity.

Failure by the Company AR SOLUTION to exercise any right or provision envisaged in these Terms, will not constitute a waiver of such right or provision. If a provision of these Terms should be declared invalid or unenforceable, then the provision will be limited or eliminated to the extent strictly necessary and the remaining provisions of these Terms will remain fully valid and effective.

B. Applicable law and competent court.

These Terms and any action relating to them will be governed by Italian law, without reference or enforceability of the provisions contained therein in matters of conflict of laws or those of the state or country of residence of the User. The Court of Patti (Italy) will have exclusive jurisdiction over any complaint, legal proceeding or litigation related to the Services; the User is subject to the jurisdiction of that court and waives the right to raise any objection regarding jurisdictional or territorial competence.

C. Entire agreement.

These Terms and the Privacy Policy constitute the entire and exclusive agreement between the Company AR SOLUTION and the User regarding the Services (excluding services for which there is a separate agreement between the User and the Company AR SOLUTION which is explicitly additional to or substitutive of these Terms).

The company AR SOLUTION may revise these Terms from time to time and the latest version will always be available at the following address: WWW.TRAPTRAINER.IT, SECTION "TERMS AND CONDITIONS"

By continuing to access and use the Services after such changes come into force, the User agrees to be bound by the amended Terms.