Terms and Conditions of unguess.io

INTRODUCTION

This document, hereinafter referred to as “T&C,” governs the general conditions that users registered on this platform, hereinafter referred to as “Unguess.io,” accept and undertake to abide by for the purpose of the full use of the platform itself and in order to regulate any agreement or legal relationship that is to be consolidated with the provider of this application .

Capitalized words are defined in the relevant section of this document.

The User must read this document carefully and accept it in order to take advantage of the features made available by the above application .

This Application is provided by:

UNGUESS s.r.l – Via del Chiesotto, 4 – 26100 Cremona (Italy); ( hereinafter UNGUESS )

Owner contact email: info@unguess.io

DEFINITIONS

Account: means the interface containing the basic identifying information provided by the User for the purpose of accessing and using unguess.io.

 

Online Purchase: represents one of the Main Functions of such Platform and in particular consists in the online purchase, through Tokens, of the Testing Services offered by UNGUESS and that the Potential Client purchases, therefore, not through a separate Commercial Contract, but directly by purchasing online on such Site.

Offline Purchase: consists of the purchase, made by the client of UNGUESS , externally to said Platform and prior to registration, i.e. through formally concluded offline Commercial Contract, by which UNGUESS sold its Testing Services. In this case, the User will register to the Site as an Actual Customer in order to execute the activities covered by the Commercial Contract through the functionalities of said Platform .

Application / Aplication / Platform: the Unguess.io website owned by UNGUESS S.r.l. and through which the provision of the Service is enabled.
Campaign-/Activity:  the testing initiative promoted by UNGUESS in order to provide the IT consulting services chosen by the Actual Customer. This testing initiative will be delivered through said Platform and represents the Testing Services that UNGUESS offers to its customers .

Actual Customers: Users who have purchased the services offered by UNGUESS either through the offline conclusion of the Contract, and who therefore access the Platform already as customers in order to execute the business relationship, or through the online purchase of Tokens directly on the Platform and who access, therefore, the Platform as Potential Customers becoming Actual Customers only after with the Online Purchase.

Code of Ethics: the document you are required to accept and abide by when accepting these T&Cs and containing the set of general rules of behavior and business principles promoted by UNGUESS ;

Commercial Contract: the general conditions of services and offer of UNGUESS that together form the commercial agreement signed offline, externally to said platform, between UNGUESS and its clients and by which UNGUESS provides its Testing Services. Said agreement stipulates that in order to perform said services, the client will have to access the Platform made available by UNGUESS itself in order to take advantage of the Main Functions intended for the Actual Client .

Customer Success Manager: point of reference for the User who uses the Particular Features as an Effective Customer, in that he or she is the figure who guides the User in taking full advantage of the purchased Campaign, even in the medium to long term, and who internally supports operations to ensure compliance with design requirements and ensure the quality of the final result.

Special Features: the set of features specific to that Platform that Users can access by registering and which are divided into features reserved for the Actual Customer and features reserved for the Potential Customer .

Main Functionality: represents the main purpose and function of that Platform which specifically is achieved through the Particular Functionalities .

Privacy Policy: the information document regarding the way in which the personal data provided by the User at the time of registration and necessary for the operation of the Platform is processed;

Potential Customers: Users who register in the Platform not having an active Contract with UNGUESS and using only the Main Functions that do not include the Online Purchase of TOKEN .

Owner \ We \ UNGUESS: means the natural or legal person who provides this Application and/or the Service to Users and that is the company UNGUESS S.r.l.

Service: the combination of the two functions: main and special offered by this Application as described in these T&Cs.

Testing Services: represent the IT consulting services offered, normally, by UNGUESS to its customers, through the Commercial Contract .

T&C: all provisions applicable to the use of this Application and/or the Service as described herein, including any other related documents or agreements, and as updated from time to time.

Testers: these are the professional resources made available to the User by UNGUESS so that the User himself can have the testing activities that are the subject of the Campaign delivered. These resources, hired regularly by UNGUESS, may come directly from Tryber.me or in more particular cases from external panels or directly from UNGUESS employees. Such Testers represent the resources used by UNGUESS in order to provide its Testing Services .

Token: a virtual currency made available by UNGUESS to its customers in order to use it to take advantage of the services offered by UNGUESS itself .

Tryber: only Testers coming directly from Tryber.me are intended .

Tryber.me: the site owned by UNGUESS and through which it recruits thousands of testers and profiled users of various nationalities as qualified and verified Testers in order to provide Unguess.io Users with access to thousands of devices and operating systems with different configurations so as to ensure maximum test coverage as well as the perfect target for each task to be performed.

User (or You): means any natural or legal person who browses this Application and registers both as a Potential Customer and as an Actual Customer of UNGUESS.

Terms of use Of The platform

1. Scope of application.

The aforementioned T&Cs apply to all Users registered on the platform either as Actual Customers or Potential Customers and who have therefore, at the time of registration, accepted the T&Cs and Privacy Policy of the Site.

With regard to Users who have already registered as Regular Customers, these T&Cs will represent a supplement to the contractual conditions present in the Commercial Agreement concluded offline, outside of this Platform. This integration, however, will only concern the practical provisions for the use of the Platform, without affecting all the contractual aspects already covered in the Commercial Contract. The acceptance, therefore, of such T&Cs will be, in this case, necessary, so that UNGUESS can deliver, through said Platform, the Testing Services offered and purchased offline, by the client, through the Commercial Contract. 

With reference, instead, to the Users that registered as Potential Customers and that, therefore, do not have with UNGUESS any active Commercial Contract, such T&Cs will represent the only contractual document that will also regulate the Online Purchase of the Campaign Tokens. At the moment of the Online Purchase the Potential Customers will become Effective Customers and the entire contractual relationship that will be created between them and UNGUESS will be entirely governed by such T&Cs, not only with reference to the practical execution of the Campaigns, purchased online through the Platform Tokens, but especially with reference to the terms of Online Purchase .

2. Access to the Platform

Users will be able to access Unguess.io and use the Service by registering with the Platform, which can be reached through the following ways : 

  • By accessing the “DEMO REQUEST” function of the ”HOME PAGE” of the website . At that point you will be asked for the contact information necessary to request the demo and must accept the T&Cs and Privacy Policy of the Platform itself, completing the registration to the website.
  • Registration through onboarding flows linked to DEMs of promotional launches to activate them for free or to complete their purchase .
  • Sharing link, to register and create an Account, directly provided by UNGUESS staff, so that the potential customer can register on the Platform and accept T&C and Privacy Policy . 
  • Flow of Account Activation after the conclusion of the Contract, through which the registration and acceptance of the T&Cs and Privacy Policy will be necessary and automatic to the execution of the Contract itself
  • By accessing the “SING IN” function of the “HOME PAGE ” of the website. You will then need to complete the registration and accept T&C and Privacy Policy.

3. Main Functionality and Special Functionality

The main function of this platform is to allow the User, in case he/she does not have an active Commercial Contract with UNGUESS, to get to know, to have an introductory view in demo mode and, in case, to make the Online Purchase of the Testing Services offered by UNGUESS; whereas, in case the User already has an active Commercial Contract with UNGUESS, to execute the Testing Services contracted offline through the Commercial Contract. 

In order to execute the Main Functionality, Special Functions are provided, which allow the User to actually make use of the Main Functionality after having registered to that Site. The Special Features are divided in turn into two categories: 

Features reserved for Effective Customers,

  1. Access to a restricted area to manage their own Campaigns;
  2. Use of Tokens already purchased offline through Contract or purchase new ones online through Platform;
  3. Possibility to launch Campaigns independently to access specific services covered by the Contract or to access those covered by the Online Purchase made through Platform;
  4. Monitoring of the progress of the Campaigns, covered either by the Contract or by the Online Purchase made through Platform, through a dedicated dashboard;
  5. Access to dashboards with the results of the Campaigns and do analysis activities of the results.
  6. Integration of Campaign results with third-party tools for in-depth analysis on third-party tools .

 

Features reserved for Potential Customers,  

  1. Navigate the demo environments to explore features and observe how Campaigns are created and managed;
  2. Launch Campaigns on your own, based on the possibilities offered;
  3. Prepare Campaigns and request quotes;
  4. Purchase Tokens directly from the Platform;
  5. Use some basic features of the features reserved for Actual Customers for a limited period, as part of an introductory experience. 

4. Online Purchase of Tokens and Validity

The Online Purchase of Tokens is one of the Special Features of this Platform and such virtual currency may be used to purchase the services offered by UNGUESS . Users can obtain Tokens in the following ways:

  • Offline purchase prior to enrollment in Platform .
  • Online purchase directly in the Platform via the sections dedicated to Token purchase .
  • Assisted Online Purchase by contacting a customer manager provided by UNGUESS and supporting the User to ‘Purchase Online .

The payment terms, provided by these T&Cs, for the Online Purchase are not applicable and superimposable on the payment terms already provided for the Offline Purchase, since in that case the payment terms already agreed, prior to the registration in the Platform, in the Commercial Agreement will prevail.

In case of payment only for the purpose of the Online Purchase the User must, in order to receive the Testing Services, make the payment in advance through the following procedure: The User may contact the Unguess team through his Account, through the contact channels available on the Site or through the contacts listed on the homepage of the Site, or by writing to the following addresses legal@unguess.io; info@unguess.io . Once you get in touch with the Unguess team you will have to request the landing page link that will allow you to place your Online Purchase order. In particular, by selecting the ”Pay Now” button on the landing page, the Customer will be taken back to the payment section of the landing page where he/she will have to enter all the necessary data to complete the payment procedure. Only after the conclusion of this payment transaction will the Client be entitled to use the purchased Services and UNGUESS within a maximum of 12 days from the payment will have to issue a contextual and formal invoice.  Once acquired, the Tokens, will be valid for a term of 12 months, or different term to be agreed with the Customer Success Manager and, therefore, the User will be able to use them, to launch Campaigns, within the agreed term. At the expiration date, Tokens obtained through Online Purchase will be considered expired and no longer usable .

5. Types of Campaigns

The purchase of Tokens gives the User the right to unlock all the Special Functions reserved to Regular Customers and listed in the section “Main Functions and Special Functions” of this document. In fact, the User as an Effective Customer will be able to use the Platform to monitor, manage and receive the testing activity subject of the Campaign, commissioned to UNGUESS through the ‘purchase of Tokens. Through the Platform, therefore, the User will be able to access the Testing Services offered by UNGUESS and corresponding to different Campaigns, including:

  • Software Quality campaigns (Bug Hunting) : testing activities aimed at finding and replicating malfunctions, functional or graphical, of a software and/or hardware application;
  • Accessibility Campaigns: testing focused on digital accessibility to ensure inclusion of all users regardless of different abilities.
  • User Experience Campaigns: research activities in the area of “ease of use” of a product and/or usability issues with respect to a given software and/or physical product in order to improve user satisfaction by ensuring that the product is easy to use, intuitive, and enjoyable .
  • Cyber Security campaigns: testing activities aimed at finding vulnerabilities in relation to the security of an application or assimilated;

6. Campaign Management

With the purchase of Tokens in order to take advantage of the chosen Campaign, UNGUESS will make available to the User, who has become an Actual Customer, the Testers, in most cases as resources coming directly from Tryber.me and in special cases, due to specific needs of the User, coming from external panels or UNGUESS’ own employees. In addition, the Client, where required, may also manage its own testers via the Platform of UNGUESS .

At that point, Users can manage, through the Special Features made available by the Platform, their Campaigns either autonomously or with the support of the Customer Success Manager who will guide the User in choosing the best test planning, designing and planning together with the User all the test phases, also with a medium-long term perspective, recommending the best solutions and allowing, therefore, the User to manage the chosen Campaign through a series of phases, which may be all of them or only some of them depending on the specific case:

  1. Campaign Creation: Defining objectives and testing parameters.
  2. Selection of Testers: Choosing Testers according to your needs 
  3. Collection of Feedback: Data analysis and collection of information from Testers.
  4. Analysis and Sharing of Results: analyze advanced reporting, provided by UNGUESS, with the possibility of export and integration with third-party tools and sharing of results .

7. Account Management

With the creation of your Account the User will be able to take advantage of the Service offered by said Site and therefore with the completion of the registration and acceptance of the aforementioned T&C and Privacy Policy the Main Functionality will be active for the User . As long as the User is registered to said Platform, the aforementioned T&Cs and Privacy Policy both accepted at the time of registration will apply to him/her.

Any User may delete with the assistance of the UNGUESS team, free of charge and without any period of notice their account, bearing in mind, however, that in the case of a Campaign in progress, Testing activities will stop since there is no more contractual material governing the execution of the Campaign itself. In such a case, the User, by deleting his account, expresses his will to no longer use the Service offered by this Platform, and unless the Commercial Contract is active offline, which covers the same testing activities, the Campaign will be considered terminated, since the User no longer wishes to use the Tokens purchased and already paid in full to UNGUESS, through Online Purchase. 

8. Nature and ownership of Application content

Unless otherwise noted or clearly recognizable, all content available on this Application is owned or provided by UNGUESS or its licensors.

UNGUESS makes every effort to ensure that the content provided on this Application does not violate any provision of applicable law or the rights of any third party. However, it is not always possible to achieve this. In such cases, without prejudice to the legal prerogatives of Users to enforce their rights, Users are requested to preferably report relevant complaints using the contact details provided in this document.

9. Access to external elements

Through this Application, Users may have access to external elements provided by third parties in order to take advantage of a wide range of additional resources and services that can enrich their experience of using the Platform itself. Users acknowledge and agree that UNGUESS has no control over such resources and is therefore not responsible for their content or availability.

The terms and conditions applicable to any resources provided by third parties, including those applicable to any grant of rights to content, are derived from the terms and conditions of each third party or, in their absence, from applicable law.

These external elements may include:

  1. External Websites: Links to external web pages that Users can visit to obtain additional information.
  2. Database or cloud services: Access to databases or cloud storage services external to the platform.
  3. External files: Documents, images, videos or other files that are not hosted directly on the platform.
  4. Third-party API: Programming interfaces that allow the platform to communicate with other software or services.
  5. External services: Other online services that can be integrated into the platform to enhance the functionality offered to users.

10. Acceptable use

The Application and the Service may be used only within the scope of what is set forth in these T&Cs and applicable law. Furthermore, users are solely responsible for ensuring that the manner of use of this Application and/or the Service does not violate any law, regulation, or right of any third party.

11. Contacts and communications

Any official communications and/or requests stipulated in the T&Cs must be sent by registered or certified mail addressed as follows:

UNGUESS Ltd.

Via del chiesotto, 4,

26100 Cremona (CR),

Italy

Alternatively:

pec: lucamanara@pec.it

The User and the Tryber may at any time ask for clarification or

clarifications, with particular reference to T&Cs, by writing to one of the

following addresses: legal@unguess.io; info@unguess.io

UNGUESS is committed to responding within a time frame of 3 (three) days

work, barring emergencies.

Common conditions and provisions

1. Conditions on Testers and Trybers

The User acknowledges that UNGUESS, in addition to the employees used for the purposes of coordination and support to the execution of the Campaign, will carry out the testing activities through self-employed workers, therefore connected to UNGUESS by a self-employment relationship not subject to bonds of dependence and subordination, such as the Testers registered on the Tryber.me Platform (hereinafter the Trybers) and selected by UNGUESS on the basis of a careful path divided into the following phases: – registration phase (data and skills entry, acceptance of T&C, Privacy Policy, Ethical Code present on the Platform, and subsequent obligation to follow special training to acquire quality and professional standards) ; – approval phase (profiling to verify the requirements necessary to participate in the individual campaign) – activation phase (acceptance by Tryber of the test manual and any additional terms to the documentation signed at the time of enrollment, in order to cover additional requirements related to the individual campaign for which one has been activated, such as additional confidentiality obligations, compared to those already provided for in Tryber’s T&Cs, to protect the Client). 

 

In addition UNGUESS, based on the particular characteristics of the Campaign,

may find itself, at times, delivering such services in partnership with its own partners

appropriately selected and, where appropriate, duly communicated to the User who has become an Actual Customer .

UNGUESS will remain, in any case, the sole party responsible to the Actual Client, as to the exact performance of the services that are the subject of the chosen Campaign, just as it will be the sole party responsible in relations with workers

self-employed, and in particular with its Trybers, and any subcontractors and partners, agreeing to indemnify and hold the Actual Client harmless from any claim, duly documented, that may be made against it by the Trybers and any subcontractors and partners, as well as from any claim, duly documented, and arising from direct damages that may be made by third parties for any act and omission attributable to the Trybers and subcontractors, in connection with the Contract and their involvement in the activities.

2. Obligations and guarantees of UNGUESS.

UNGUESS, throughout the duration of the Service, guarantees and undertakes to:

  • perform all activities necessary to carry out the Service with the utmost diligence, and in a professional manner, as well as in full compliance with the conditions described in the following T&Cs and with what, if any, the Effective Customer will have agreed with its Customer Success Manager, regarding the operational aspects of the Campaign purchased online, ensuring the use of qualified and suitable personnel;
  • Communicate to the User, by e-mail, within 48 (forty-eight) hours from the time he/she became aware of it, any circumstance that may compromise the proper provision of the Service;
  • to bind any partners or subcontractors and professional resources employed, particularly Trybers, both to comply with the obligations related to the execution of the Campaigns and, and to comply with the obligations enshrined in the UNGUESS Code of Ethics;
  • Guarantee and ensure the social security, tax and regulatory compliance for employees employed in the execution of the Campaigns and in general of the Service provided by this Site ;
  • immediately suspend and/or discontinue the activities of any partners or subcontractors and the professional resources used, particularly the Trybers, on the systems of the Actual Client and to terminate the existing contractual relationship with them, in the event of ascertained violations of the Contract or the Code of Ethics, documented suspicious behavior, or news that would undermine the reliability of the Trybers used;
  • Provide the Trybers who will participate in the testing activities with all necessary information and support on the tests to be performed, contracting their engagement as provided above;
  • ensure that, should its personnel or Trybers gain access to the premises of the Actual Client or those of its affiliates, for the purpose of executing Campaigns and carrying out related activities, they comply with all applicable safety and security rules and regulations, as well as the internal procedures of the client and its affiliates, in order to ensure that appropriate behavior is adopted to prevent health and safety hazards to the above persons and personnel of the Actual Client and its affiliates, as applicable;
  • ensure that the contractual documents that UNGUESS provides to any partners or subcontractors and Trybers do not contain information that is contradictory to this Contract and harmful to the Effective Customer;

3. Obligations of the User

The User, by accepting these T&Cs, affirms that he/she has carefully reviewed and agrees to the Service made available by UNGUESS through such Platform as well as the manner in which Campaigns are executed and purchased.

The User acknowledges and agrees that as a result of any delay by UNGUESS.

in the provision of the Service and especially in the execution of the purchased Campaigns, which is determined, even indirectly, by the ‘User himself, no responsibility can be attributed to UNGUESS.

The User in case of Online Purchase agrees to make payment in advance in the manner indicated in the appropriate section of this document .

In the event of costs to be incurred by UNGUESS as a cause of direct or indirect form of non-performance by the Effective Customer, the latter shall compensate UNGUESS itself for the expenses, duly documented, incurred in this regard, unless within the timeframe required by UNGUESS within the communication by PEC the Customer succeeds in avoiding the occurrence of the costs, in the hands of UNGUESS, resulting from its non-performance.

4. Confidentiality

In addition to what may be provided for in confidentiality agreements between UNGUESS and the

Effective Customer the parties undertake, for the entire duration of the User’s enrollment in the platform and for 5 years after the termination of the ‘enrollment, including on behalf of employees and collaborators, including hired Tryber, not to disclose or disclose or use in any way, in any form and by any means all news, data, information and documents, made known and/or available to the same by either party, as well as information concerning the activities in general of the parties and parent companies, subsidiaries and related (Confidential Information) . This is without prejudice to information for which it is prior express written authorization of one of the parties or those become part of the public domain. The Confidential Information is and will remain the full and exclusive property of the disclosing party. The Agreement does not grant the receiving party any right or license to the Confidential Information. The parties may agree on extensions to the duration of the confidentiality, as opposed to the stipulated term.

UNGUESS may use, within its case studies, the distinctive signs owned by the Actual Client for the sole purpose of communicating the work experience and collaboration that has taken place between the parties based on the specific levels of communication set forth in specific and separate written agreement between the parties in which to define all specific aspects of UNGUESS’s use of the Actual Client’s distinctive signs .

5. Processing of Personal Data

UNGUESS has the right to collect, process and use the data received from the User  both with reference to the enrollment phase, and with reference to the execution of the specific Campaign, all in accordance with the provisions of the law and To the extent strictly necessary for the proper provision of the entire

Service. No data will be transferred to third parties by UNGUESS without the express consent of the User, unless UNGUESS itself is authorized or required to do so by law. For a detailed description of the privacy provisions, please refer to the Privacy Policy which must be accepted by the User, separately from such T&Cs, at the time of enrollment .

6. Sustainability Ethics AND D. Lgs. 231/2001/ Model 231

The User declares that he/she is aware of the regulations in force regarding

administrative responsibility of the legal person, in particular, of the provisions of Legislative Decree No. 231 of June 8, 2001 (“Decree” or “Legislative Decree 231/2001”), and with reference to the provision of the Service including all its functions, the User declares and guarantees to have given and implemented provisions to its directors, employees and/or collaborators aimed at preventing the commission, even attempted, of the behaviors sanctioned by the Decree, and also undertakes to refrain from engaging in behaviors or conduct that may, individually or cumulatively with others, integrate any of the types of offenses referred to in Legislative Decree 231/2001.

 

In this regard, UNGUESS has adopted, by resolution of the Board of

Administration, and effectively implemented its own Organization and Management Model pursuant to the Decree (Model 231), together with the Code of Ethics, for a conduct marked by corporate ethical sustainability, also, with reference to the provisions of the Model. The general part of Model 231 and the Code of Ethics can be found in the section at the bottom right of the home page and respectively at the following links : https://unguess.io/it/modello-231/ ; https://unguess.io/it/codice-etico/

 

In particular, the User agrees to:

  1. comply with the Model and the Code of Ethics within the limits of their duties by observing the ethical principles and rules of conduct provided therein, as well as the corporate policies adopted by UNGUESS itself;
  2. directly inform the Supervisory Board (appointed for the effective control of the Model, hereinafter “Board”) of any violations of the Model or policies adopted by UNGUESS;
  3. comply with requests for information or the production of documents sent by UNGUESS or by the Council;
  4. keep abreast of any changes to the Model and Code of Ethics by consulting the above-mentioned websites.

 

In the event that the Actual Customer or its employees (i) default on their obligations under this clause or (ii) engage in conduct that, in UNGUESS’s discretion, may be in violation of the Model and the Code of Ethics, UNGUESS shall be entitled to terminate the Service and terminate the commercial contract that has been entered into with both Offline and Online Purchase , pursuant to Article 1456 of the Civil Code, without prejudice to the right to compensation for damages suffered.

7. No waiver

The failure of UNGUESS to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of such term or any other term.

8. Service interruption

In order to ensure the best possible level of service, UNGUESS reserves the right to discontinue the Service for maintenance, system upgrades, or any other changes, informing Users accordingly.

To the extent permitted by law, UNGUESS may also decide to suspend or discontinue the Service altogether. In the event of termination of the Service, UNGUESS will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

In addition, the Service may not be available for reasons beyond the reasonable control of UNGUESS, such as “force majeure” (e.g., labor actions, infrastructure failures or power outages, etc.).

9. Resale of services

Users may not reproduce, duplicate, copy, sell, resell or exploit any part of this Application and its Service without the express written permission of the Owner, granted directly or through a legitimate reseller program.

10. Intellectual Property Rights

The use of the Platform including the Online Purchase of Tokens to take advantage of individual Campaigns, provides that all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to this Application are the exclusive property of UNGUESS or its licensors and are subject to the protection afforded by applicable international intellectual property laws or treaties.

All trademarks – nominal or figurative – and all other trademarks, trade names, service marks, word marks, illustrations, images or logos appearing in connection with this Application are and remain the exclusive property of UNGUESS or its licensors and are subject to protection afforded by applicable laws or international treaties relating to intellectual property.

In addition, with respect to trademarks, know-how, copyrights or other intellectual property rights existing prior to the performance of the Services, they will continue to belong to the party that owned them prior to the Platform enrollment and related Online Purchase. The other party, therefore, will not acquire ownership, license to use, or any other right in such rights, and nothing herein shall be construed as a transfer or grant of any such ownership, license to use, or other right. UNGUESS warrants that no Rights (including the rights of third parties) will be infringed or otherwise adversely affected by the performance of the Services, and agrees, if not, to indemnify the ‘User against any claims for damages brought by third parties. The indemnification will only include the consequences produced by direct damages.

The User warrants that he/she is the owner of any system, software, data, information and/or Material, provided or made available to UNGUESS for the purposes of the execution of the Service including the execution of the ‘Campaign, if any, or that he/she is in possession of any right, license or authorization that may be necessary for the use and/or dissemination of the same, undertaking to indemnify and hold harmless UNGUESS from any claim, such as claims, in relation to direct and indirect damages, made against UNGUESS by third parties.

All products, samples, documents and information provided to UNGUESS by the User shall remain the property of the User. Their use by UNGUESS shall be permitted under the terms provided in said document . It will be the responsibility of UNGUESS to guard all material owned by the ‘User during the performance of the Service, as well as for 90 days after its termination. Within such term, the former User may request in writing (i) the redelivery, at its expense, of the aforesaid material, (ii) the possible further storage of the same, (iii) its destruction.

11. Changes to these Conditions

UNGUESS may modify the following T&Cs at any time by sending the Users appropriate communication with sharing of the new wording at least within 10 (ten) days before the new T&Cs come into force, without prejudice to the User’s right to proceed to the cancellation of his/her Account from Unguess.io .

It is understood that said changes and additions will be effective only from the day following publication on the Platform and, therefore, may apply only to Campaigns purchased on or after that date.

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of such changes.

12. Transfer

The Owner reserves the right to transfer, assign, novation or subcontract any or all of its rights or obligations under these Terms, taking into account the legitimate interests of the User. Provisions regarding amendments to these Terms will apply accordingly. Users may not assign or transfer in any way their rights or obligations under these Terms without the written permission of the Owner.

13. Waivers

In the event that any provision of these Terms is held or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

14. Other Provisions

For all operational aspects related to the specific execution of individual chosen Campaigns, Users may arrange with their Customer Success Manager, made available by UNGUESS, in accordance with the provisions of these T&Cs .

For all matters not governed by these T&Cs and not agreed with your Customer Success Manager, please refer to the relevant provisions of the Italian Civil Code .

15. Applicable Law and Jurisdiction

These T&Cs and any other agreements related to these T&Cs are governed by Italian law. 

In the case of disputes arising out of or in connection with this Service, the parties, after attempting an amicable resolution, shall submit the dispute to the mediation procedure provided for in the Regulations of the Cremona Chamber of Commerce. In the event that the dispute is not resolved under this procedure, within 60 days of the submission of the request for mediation, or within such other time period as the parties may agree in writing, said dispute shall be submitted to ordinary trial and referred exclusively to the Cremona Court.

Latest update: May 22, 2025