These Terms and Conditions along with any other terms and policies referenced herein, and are incorporated herein
by reference and form an integral part hereof, as amended from time to time (hereafter refers as - “Terms”) constitute
a legally binding agreement between the Customers, Users, Visitors (individually or on behalf of legal entities/ employers
that represent and/ or have full legal authority to enter into agreements) (hereafter refers as – “You” or “Yours”) with
communis.cloud (hereafter refers as – “communis.cloud”, or “We” “Us”, “Our”), as of the Effective Date, governing your
access to, and the use of communis.cloud and any related website, webpage, application (the “Sites”), in order for You
to be able to use the Services of communis.cloud through the Sites and/ or a mobile application.
These terms and conditions are binding, and you affirm and signify your consent to these terms and conditions, by:
(i) checking a checkbox for the acceptance of these terms; or
(ii) registering to, using or accessing the service, sites or mobile application of communis.cloud, whichever is earlier
(the “Effective Date”). If you do not agree, or comply with these terms and conditions, or you do not give your consent to
be binding with them, please do not accept these terms and conditions and/ or access the service offered by communis.cloud.
Our Service
The communis.cloud platform is a cloud-based platform for saving and managing health and medical data,
that provides User with the service of saving and transferring data, and also helps doctors to work
together by sharing and consulting medical information, in respect of confidentiality and anonymity
of data owners and by using the tools offered as part of communis.cloud platform, during your experience
in the platform (the “Service”).
Modification or Discontinuation of the Service. We may add, modify or discontinue any feature, functionality
or any other tool, within the Service and/or Sites, at our own discretion and without further notice,
however, if we make any material adverse change in the core functionality of the Service, then we will notify
you by posting an announcement on the Sites and/or via the Service or by sending you an email. In the end of
your relationship with communis.cloud, consisting in closing/ disabling your account, we guarantee You that
we will delete all the data You saved in/ transferred through our platform.
Ability to Accept Terms. If you, access and use the Sites and/or the Service, you represent and warrant
that you are at least 18 years old. The Sites and/or Service are only intended for individuals aged
eighteen (18) years or older. We reserve the right to request proof of age at any stage so that we
can verify compliance with this paragraph. Individuals under the allowed age/ minors can use the
platform only by the assistance of their parents or tutors. On the other hand the legal entities
are able to register in our platform/ open an account, if they are regularly founded according to
the law of their head office state and represented by their legal representative, or a person duly
authorized by him.
Account Registration and Administration
Account Registration. To register to the Service for the first time, you shall create an account
in our platform. By creating an account (“Account”) and registering to the Service you become,
either individually or on behalf of legal entities/ employers (the “Customer”). The first user
of the Account is automatically assigned as the Account administrator (the “Admin”).
Your Registration Information. When creating an Account or when you are added into an Account
and creating your user account (the “User Account”), you :
(i) agree to provide us with the required registration information about yourself or of the legal
entity/ employer you represent ;
(ii) agree to upload in Our platform data that You own or You are authorized to use/ to save/
to share in clouds or other saving platforms and/or maintain, and/or process and/or share
with other Users or parties;
(iii) acknowledge that it is your responsibility to ensure the rights to use/ to save/ to share/
to upload/ to process/ to maintain data, including property/ ownership rights or authorization
by the owner;
(iv) acknowledge that your password remains confidential and secure;
(v) agree that You are fully responsible for all activities that occur under your User Account
and password, including any integration or any other use of third party system (and associated
disclosure of data) in connection with the Service; and
(vi) undertake to promptly notify Us in writing if you become aware of any unauthorized access
or use of your Account or User Account and/or any breach of these Terms. We may assume that any
communications and activity we receive under your User Account have been made by You. Users will
be solely responsible and liable for any losses, damages, liability and expenses incurred by us
or a third party, due to any unauthorized usage of the Account by either you or any other User or
third party on your behalf.
User Verification. You understand and agree that we may require you to provide information that
may be used to confirm your identity and help ensure the security of your Account and/or User
Account. In the event that you or the Admin lose access to an Account or otherwise request
information about an Account, we reserve the right to request from you or such Admin (as the
case may be) any verification we deem necessary before restoring access to or providing information
about such Account.
Account Admins. The Admin(s) of an Account are, severally and jointly, deemed as the authorized
representatives of the Users, in case that Users are Legal Entities/ Employees, and any decision
or action made by any Admin, is deemed as a decision or action of Customer/ User. An Admin may
assign or add other members of the Account as Admins, which possess important privileges and
controls over the use of the Service and the Account, including, without limitation:
(i) control your (and other Users) use of the Account;
(ii) purchase, upgrade or downgrade the Service;
(iii) create, monitor or modify Users’ actions and permissions;
(iv) manage the access to, control, remove, share Data or otherwise change Data shared, part of
the Customer/ User Data. You also acknowledge that your Account can become managed by a representative
of the entity that owns or controls the email address domain with which your Account was created or registered.
Other Users. There are several types of Account users, such as doctors, patients etc., all of whom are
defined within the Service and referred to herein as “Authorized Users”, and collectively with the Admin,
the “Users”. The features and functionalities available to the Users are determined by the respective
subscription plan governing such Account, and the rights of each Authorized User are assigned and
determined by the Account Admin(s). For more information on the rights, permissions and definition of
each of the various types of Authorized Users, contact our Help Center https://communis.cloud/help-center.
Responsibility for Authorized Users. Customer is solely liable and responsible for understanding the
settings, rights and controls for the Service and for controlling whom Customer permits to become a
User and what are the settings and rights for such User, including without limitation, the right for
a User to invite other Users (either paid or unpaid), the right to incur charges on the Account, the
right to access, modify or share data, etc.
Your Data
Your Data will be collected, saved, processed and transferred according to the Privacy Policy of communis.cloud,
incorporated herein.
You are responsible to guarantee the right/ or confirm that you are regularly authorized to use, upload, save,
transfer, share info and/ or material that contain personal data and/or sensitive data/ information. By accepting
these terms and conditions you confirm the abovementioned and you accept that communiss.cloud do not have any
responsibility about this issues and acts “bona fide”.
Intellectual Property Rights
The Service and Sites, inclusive of materials, such as software, application, design, text, editorial
materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other
graphic materials, and names, logos, trademarks and services marks (excluding Customer/ Users Data),
any and all related or underlying technology and any modifications, enhancements or derivative works
of the foregoing (collectively hereafter refers as - “Materials communis.cloud”), are the property
of Tech-EmVee di Marco Volpe and the Partner/ Collaborator according to the Collaboration Agreement
between them, and may be protected by applicable copyright or other intellectual property laws and
treaties in Italy and European Union.
Customer/ Users acknowledges and accepts the Intellectual property Rights of communis.cloud.
For any further information or any claim related Intellectual, Property Rights, You can contact
us by completing Contact Form.
Privacy and Security
Security. Communis.cloud implements reasonable security measures and procedures to assist in protecting
Customer/ User Data. By using OpenSSL, we provide AES-256 encryption, in order for all communis.cloud
encrypted reports to be signed, using a message authentication code, guarantying that their underlying
value cannot be modified once encrypted.
We also guarantee, the secure transmission of sensitive data, by using SSL certificates (https)
that makes possible to create an encrypted channel between the client and the server. Using the
above mentioned certification, we are able to ensure that the information you submit to websites
will not be stolen, because the encrypted data can be decrypted only by the server to which you
actually send it.
Privacy Policy, as a part of accessing or using the Service and the Sites/ Mobile Application,
we may collect, access, use and share certain Personal Data (as defined in the Privacy Policy)
from, and/or about, you. Please read our Privacy Policy, which is incorporated herein by reference,
for a description of such data collection and use practices.
Data Processing Agreement (“DPA”). By using the Service, Customer also accepts our Data Processing
Agreement, which governs the Processing of Personal Data (as both terms are defined in the DPA) on
Customer’s behalf, where such Personal Data is subject to the General Data Protection Regulation
2016/679 (hereafter refers as - the “GDPR”).
Anonymous Information. We may collect, use and publish Anonymous Information (defined below) relating
to your use of the Service and/or Sites, and disclose it for the purpose of providing, improving and
publicizing our products and services, including the Sites and Service, and for other business purposes.
“Anonymous Information” means information which does not enable identification of an individual, such as
aggregated and analytics information. communis.cloud can use for statistic, studying reasons the User Data,
respecting their anonymous, if they agreed so.
Payment method, fees, subscription and renewal
Payment and Purchase Order. In order to receive our Services, you should submit an order confirmation and make
the payment of each service fee ordered, as per the amount showed in the purchase order. Despite this you are
not obliged to perform the payment in case you order a free trial.
The payment will be performed via PayPal platform as per your section, in the purchase order confirmation.
In case we receive any personal data submitted because of the payment you have performed in favor of
communis.cloud, we guarantee to use them in accordance with Privacy Policy of communis.cloud, that is
incorporated herein.
The Service is provided on a subscription basis for the term specified in your Purchase Order, in
accordance with the respective subscription plan purchased you have selected under such Purchase Order
(hereafter refers as - the “Subscription Term” and/or the “Subscription Plan”, respectively, and
collectively the “Subscription”). In case you do not renew the Subscription Plan, by adding another
Purchase Order for the Service you are going to purchase during the term you select, the Service will
be suspended for 15 days and your account will be freeze during this period. If you do not renew your
Subscription Plan also after 15 days, Your account will be closed and your data will be deleted.
Fees for receiving our services include taxes and communis.cloud is responsible to pay the taxes
for the payment received according to your purchase order for the selected subscription plan and/or
services ordered.
For each User added by the admin in a legal entity account you should not make any extra payment,
expect the fee, as per the selected Subscription Plan, you have selected, which will be performed
by debiting the registered PayPal account of the legal entity registered by admin.
In case you decide to upgrade your subscription for the your account/ all the Users added in your
account/ or selected Users added in your account, you can change your subscription by adding a
purchase order in accordance with the selected Subscription Plan and it will activate only after
your PayPal account will be debited in accordance with the purchase order.
Limited liability
Notwithstanding anything in these terms or elsewhere to the fullest extent permitted
by applicable law in no event shall either party hereto and its affiliates, subcontractors,
including, the third party service providers), be liable under, or otherwise in connection
with these terms for:
(i) any indirect, exemplary, special, consequential, incidental or punitive damages;
(ii) any loss of profits, costs, anticipated savings;
(iii) any loss of, or damage to data, use, business, reputation, revenue or goodwill,
except for the indemnity obligations of either party (indemnification) herein, your
payment obligations hereunder or breach of our acceptable use policy by either you or
in case of a customer, any of the users underlying its account, in no event shall the
total aggregate liability of either party, its affiliates, subcontractors, including,
the its third-party service providers, under, or otherwise in connection with, these
terms (including the sites and the service), exceed the total amount of fees actually
paid by you (if any) during the 12 consecutive months preceding the event giving rise
to such liability. This limitation of liability is cumulative and not per incident
communis.cloud is not responsible for the data uploaded by the Users/ customers as per
the provisions described at Privacy Policy and these terms and conditions, which are personal
responsibility of the Users/ Customers. We also are not responsible for our subcontractors,
service providers, third parties we contract, in case they are in breach of legal responsibilities
and we will transfer the claim/ dispute to them.
Governing Law and Dispute Resolution
These terms and conditions are drafted and governed under Italian Law and Conventions in force in EU
countries related to Personal Data issues.
Any dispute, claim, or controversy between you and us arising in connection with, or relating in any way to,
these Terms and Conditions (whether the claims arise during or after the termination or expiration
of these Terms) will be determined solely by mandatory binding decision of the Pordenone Court,
conducted in Italian language and the applicable law will be the Italian Law.
Contact: For any further information related to this terms and conditions do not hesitate to contact us by
completing the contact form.
