Terms & Conditions

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.