1 - Definitions
For the purposes of this Agreement, the terms subsequently indicated where indicated by capital letter, will have the following meaning, (with the clarification that the terms defined in the singular also refer to the plural and vice versa):
Subscription: mode of viewing a content that, upon payment of the expected price, enables the Customer to have the Content for a period of time chosen, starting from the moment of activation.
Personal area: area of the Website where the Customer can view the Content and modify their personal data and personal codes.
Activation: the process of authorization to use the Services by the Customer granted by Corpo Mente Spirito when the GCC are verified and the payment of the Service is certified. Activation is communicated by email to the Customer by Corpo Mente Spirito
Customer: subject, natural person, legal entity or body (public or private), which requires advance payment, access to the site in the form of subscription in the various forms described below.
Iaomai: name of the project and the website on which the Services covered by this contract are present.
General Terms and Conditions (GTC): the set of these general terms and conditions governing the Customer's use of the Service.
C.M.S.: Corpo Mente Spirito di Iallonardi Christian, with registered office in Via Madonna del campo, 24 - 12011 Borgo San Dalmazzo (CN - ITALY) PI IT-03997200047 and CF LLNCRS74M04F651Y, an undertaking authorised under the current rules and regulations to supply products and services in the multimedia publishing sector covered by this contract.
Content: content in several languages visible in Subscription during the contractual period.
Contract: the set of these General Terms and Conditions of Contract, the Commercial Offer and any other annex that constitutes an integral and substantial part.
Device: any device with Internet access.
Enabled device: any device with Internet access (for example: PC or tablet) and enabled to use the Service as described in paragraph 4. minimum system requirements.
Invoice: A document detailing the costs incurred for the requested paid services. The invoice is sent to the e-mail address indicated by the customer during registration.
Commercial offer: the set of characteristics, contents, terms, commercial and economic conditions related to the Iaomai Subscription offered by Corpo Mente Spirito, as well as the information indicated on the website www.iaomai.app or communicated with other telematic methods.
Product Sheet: page or part of it on the Website that describes all the characteristics and properties of the individual Services.
Service: service (in fact, the subscription in various forms) that allows the Customer, through its Enabled Device access and use of Content.
Customer Service: customer service.
2. General terms and conditions
2.1 These General Terms and Conditions (GTC) constitute the terms and conditions governing the use of the Services, provided by Corpo Mente Spirito, by the Customer.
2.4 The GTC applied to Customers who register for the Service are those viewed during registration and published on the Website at that time.
2.5 The Customer acknowledges and accepts that Corpo Mente Spirito reserves the right to update and/or modify at any time these GCC relating to the use of the Service and that such changes will be communicated to the Customer via email, letter or in any other form at the discretion of Corpo Mente Spirito. The amendments to these GCC will be effective after the expiry of the period of 30 (thirty) days from the date of their communication to the Customer. The Customer's use of the Service after 30 days of communication implies acceptance of the new contractual conditions. Within the same period, the Customer may withdraw from the Contract. The new GTC will be published on the Website.
3. Conditions necessary for the activation of the Service
3.1 The Customer acknowledges that the following conditions must be met in order to access and use the Service:
a) be a natural person of legal age;
b) have a broadband or high-speed Internet connection of at least 1mb/s;
c) have an Enabled Device;
d) accept these GTC with the Service Registration;
4. Minimum system requirements
4.1 The Customer acknowledges that in order to be able to access and use CMSS, he must have a broadband Internet connection, that is to say at high speed at least 1mb/s, and an Enabled Device.
4.3 Access to the Service from an Apple iPad device: To use the Service on Apple iPad devices.
4.4 For Mac computer the system is required from MacOS version 10.15 Catalina
4.5 The minimum resolution of the monitor suitable for the correct display of the contents is 800x600 pixels (with orientation indifferently horizontal or vertical).
4.6 The Customer is aware that on the Website the Customer has the possibility to test the compatibility of his Device before making the purchase.
4.7 In consideration of the fact that the correct use of the Contents and their quality of vision depend on the subsistence and sufficiency of certain system requirements set out in art. 4.1, 4.2, 4.3, 4.4, 4.5 and 4.6 Corpo Mente Spirito assumes no responsibility for any problems in the use of the Service and/or in the viewing of the Content that depend on the lack or insufficiency of the aforementioned system requirements.
5. Registration in Iaomai
5.2 The Customer may, at any time, modify the data entered during the Service Registration by accessing his Personal Area or by contacting the Customer Service by writing to the e-mail address email@example.com. The data that the Customer may modify are indicated in the Personal Area.
5.3 Corpo Mente Spirito may contact the Customer at the e-mail box communicated during the Service Registration. The Customer therefore acknowledges and accepts that the communications relating to these General Conditions may be sent by C.M.S. to the e-mail address used for Registration to the Services.
5.4 The Customer acknowledges and accepts that by registering for the service it is accepted that, in accordance with the practices and uses of the Internet, Corpo Mente Spirito is free to insert advertising messages of various kinds into the Website or emails.
6. Iaomai subscriptions
6.1 Within the Website www.iaomai.app is published the commercial offer related to Iaomai Subscriptions which is a substantial and integral part of these GCC.
6.2 The Iaomai Subscription Service foresees the possibility for the Customer to enjoy through the Enabled Devices the multimedia contents (audio-video) purchased as well as all the services associated with them and described in each Product Tab.
6.3 Subscriptions are offered in 2 types:
By purchasing a title the Customer is entitled to use for the period established from the moment of Activation by Corpo Mente Spirito. Throughout the period you can view the resource at any time and from any location.
The subscription allows the Customer to enjoy the following advantages:
- online customer database, personal notes and appointments
- technical assistance 24H7
ii bis) Upgrade: within 1 month of subscribing to the Annual Subscription (i) you can upgrade to the Unlimited Subscription (ii) paying the difference only. To do this you need to contact customer support
6.4 The price for the Iaomai Subscription is due by the Customer regardless of whether the Content is used in whole or in part.
6.5 The Customer acknowledges and accepts that their account to use the Iaomai Subscription is personal and cannot be shared with or transferred to third parties.
6.6 Corpo Mente Spirito reserves the right to freely modify, at any time, the technical procedure to use the Service and to reproduce the Contents included in the Service.
7. Personal codes and data
7.1 When registering for the Service, Corpo Mente Spirito sends the Customer an email confirming the account. The email will contain a confirmation link.
7.2 Personal codes are chosen by the Customer at the time of the Service subscription.
7.3 The registration email and the user name chosen at the time of registration cannot be modified directly by the Customer. To make this change, the Customer must send a request by email to the Customer Service.
8. Use of the Service
8.1 The Customer undertakes to use the Iaomai Subscription exclusively for personal and domestic use or within the restricted scope of its teaching activity, that is, the use that excludes unauthorized use by Corpo Mente Spirito of the Contents in places such as, by way of example and not exhaustive, bars, hotels, clubs, communities and other public places. The customer agrees not to use the service in abnormal mode such as, by way of example and not exhaustive, occupation of bandwidth and not to carry out any contractual abuse. The Customer also undertakes not to assign or share with third parties their access to the Personal Area.
8.2 The Customer is aware that access to the Personal Area cannot in any way take place from more than two devices at the same time, therefore if this happens the system automatically interrupts one of the accesses.
8.3 The Website and the Service are the property of Corpo Mente Spirito and are protected by copyright and by the current international laws on the protection of Intellectual and/or Industrial Property rights.
8.4 The Contents are the property of Corpo Mente Spirito and/or Strutture Partner di Corpo Mente Spirito (rule governed by individual contracts between the parties) and are protected by copyright and current international rules on the protection of Intellectual Property and/ or Industrial.
8.5 The Iaomai Subscription and its Contents must be used by the Customer in compliance with the intellectual and/or industrial property rights of Corpo Mente Spirito and/or third parties. Customer shall not modify, copy, distribute, transmit, download, display, reproduce, publish, license, create derivative works, transfer, adapt, sell, rent, share on the network, rent the Content or facilitate any of the above. In case of violation of the aforementioned obligation, the Customer will be obliged to indemnify and hold harmless Corpo Mente Spirito from any loss, compensation, penalty, investigation and litigation costs and injurious consequences in which Corpo Mente Spirito may incur due to such breach and/or violation by the Customer of the current international laws on intellectual and/or industrial property rights; and/or related rights. The Customer is responsible for any use of the Service also by third parties who access it from the Activated Devices associated with the Customer.
8.6 The Customer expressly accepts that any violation of the above provisions shall determine the automatic termination of this Agreement pursuant to and for the purposes of art. 1456 c.c., as well as the automatic termination of the Service, except in any case compensation for damages suffered by Corpo Mente Spirito.
9. Method of payment
9.1 The Customer may pay the amounts due for the Services requested with the payment methods made available by Corpo Mente Spirito as specified in the Commercial Offer.
9.2 The Customer is aware that in case of unavailability of funds on credit card or PayPal account, or any other type of payment, the Activation cannot be granted.
9.3 The Customer who makes the payment of the amount due the payment methods that Corpo Mente Spirito may make available, acknowledges and accepts that:
a) there are no refunds in the event of disruptions on the network;
b) refunds are only provided for following a formal complaint by the Customer and provided that following the necessary checks the complaint is well founded.
10.1 The expected costs for the use of the Services and the applicable taxes will be automatically charged to the Customer according to the payment method chosen during the Registration or activated after the Registration. Prices are fixed in Euro and include VAT (unless otherwise stated).
10.2 Corpo Mente Spirito will send the Customer the Invoice for the Service purchased exclusively electronically, and a courtesy copy will be sent to the e-mail address provided at the time of registration for the Service.
10.3 The Invoice will be sent to the Customer, after the payment of the Service, in the manner indicated in art. 10.2 and in any case by 12:00 of the day on which the transaction was made.
11. Contractual term - Withdrawal
11.1 The Contract with Corpo Mente Spirito for the use of the Service is concluded from the date on which Corpo Mente Spirito confirms the activation and has chosen duration (see art. 6.3).
11.2 The Customer who has activated a Service shall have the right to withdraw freely without any penalty within the period of ten working days from the date of Registration pursuant to and for the purposes of the provisions of Legislative Decree 206/2005 provided that he has not used, not even in part, the Service. The withdrawal request may be made by the Customer directly from the website www.iaomai.app, following the withdrawal request procedure provided therein.
11.3 It is understood that the withdrawal will take effect 15 days after the request.
12. Suspension and interruption of the Service
12.1 Corpo Mente Spirito reserves the right not to activate, to suspend the Iaomai Subscription at any time and also reserves the right to terminate access to the Service in the event of violations of these General Terms and Conditions and/ or in the case of use of the Service contrary to current laws. In such cases no refund will be due to the Customer by Corpo Mente Spirito. Corpo Mente Spirito shall also have the right to restrict access to the Iaomai Subscription and not to guarantee the full functionality of the Service, if the security for the operation and management of the network, the maintenance of the integrity of the network, the software or data stored, the interoperability of services, ordinary and/or extraordinary maintenance or data protection so require.
13. Warranty and liability
13.1 The Iaomai Subscription and its Contents are provided as described; any real or legal guarantee by Corpo Mente Spirito is excluded as well as, to the extent permitted by law, any other warranty claim. In particular, it is not guaranteed: (a) the absence of defects and other quality requirements of the Content; (b) the availability and efficiency of the Website www.iaomai.app, as well as the absence of errors, viruses and malicious components; and (c) for links and references to external offers.
13.2 The Customer acknowledges that the correct use of the Content included in the Service and the time required to access them depend on multiple factors and on the subsistence and sufficiency of the system requirements as provided for in Section 4 above. Corpo Mente Spirito therefore does not guarantee and assumes no responsibility for:
a) any problems with the use of the Service depending on the lack or insufficiency of the Customer's devices;
b) problems caused by the Internet connection;
c) insufficient bandwidth available from the Customer;
d) for the quality in receiving the Service and its Contents;
e) the availability and efficiency of the Website, as well as the presence of errors, viruses and harmful components;
f) for links and references to external offers.
13.3 Corpo Mente Spirito also assumes no responsibility for errors or omissions in the Service, in the Content and/or on the website, or for any loss, or damage resulting from the use of the Service and/or the display of the Content.
13.4 Corpo Mente Spirito is also not liable for delays in the provision of Services and/or Content, for ordinary and extraordinary maintenance activities of the Service delivery platform, or for malfunctioning of the same; for tampering or unlawful interventions by third parties on services or equipment used by Corpo Mente Spirito; for tampering or interventions on connection equipment and/or Devices that fall within the availability of the Customer carried out by the latter or by third parties; for incorrect use of the Services and/or Content by the Customer; for malfunction/ wrong configurations of the connection equipment and/or Devices used by the Customer.
13.5 The Customer therefore undertakes to indemnify and hold C.M.S., the operators of the website www.iaomai.app and its partner companies harmless from any claim, cost, legal proceedings, claim, loss, damage, expense (including court costs) and liability that may arise as a direct or indirect consequence of your breach of these GCC, improper use of the services of Corpo Mente Spirito or unlawful action.
13.bis Sharing of recorded data
13a.1. The Customer may collect, record, store on the application the personal, common and particular data (concerning the state of health) of its patients becoming the sole Data Controller.
13bis 2. In this case, the Customer will deliver to the patient a copy of the information pursuant to art. 13 GDPR, designating C.S.M. as authorized subject/ assignment of processing pursuant to art. 29 GDPR in order to perform on behalf of the Customer the tasks entrusted to him by this contract and in particular to prevent solving problems related to the functionality and security of the application, activities that could involve the processing of personal, common and sensitive data of their patients.
13a.3. C.S.M., by accepting the status of authorised subject/processor, confirms and guarantees compliance with the privacy legislation, with particular reference to the security in the management of personal data, as well as guarantees the IT skills to manage the related processes, observing the additional prescriptions that will be given by the Data Controller.
13a.4. The personal data, common and particular (concerning the state of health) that will be registered by the Customer on the website www.iaomai.app will be saved and stored in encrypted form, will not be disclosed in any way and will be guaranteed confidentiality and integrity, and the ability to promptly restore the availability and access of personal data in the event of an accident.
13a.5. The personal, common and particular data (concerning the state of health) that will be recorded and stored may be shared by the Data Controller Customer with other users of the application exclusively in anonymous form.
13bis6. The Customer who wishes to share the data of his patients with another user of the website www.iaomai.app in a non anonymous form, must specifically authorize the latter pursuant to art. 29 GDPR.
14. Customer Service
The Customer can contact the Customer Service from the Website www.iaomai.app - Area "Contacts" or by writing to the e-mail address firstname.lastname@example.org
15. Final provisions
15.1 Should any provision of these GCC or any part thereof for any reason be or become null, void or unenforceable, the remaining provisions shall remain valid.
15.2 The Contract is governed by Italian law. The exclusive jurisdiction will be that of Cuneo (CN - ITALY).
Borgo San Dalmazzo, 15 March 2023