Terms and Conditions

1.1. Fortop S.r.l., with registered office in Milano (MI), Corso Sempione n. 10, VAT and Tax Code 02001910500, offers the "Componi" service, an online solution based on Artificial Intelligence ("AI") for the generation of personalized content.

1.2. The service is designed to assist the user (hereinafter the "Client") in the creation of content for personal or business purposes, starting from specific inputs. These General Terms and Conditions of Contract (hereinafter, the "Terms and Conditions") govern the relationship between Componi and the Client.

2.1. The Client is required to read these Terms and Conditions carefully before using the website and the related services.

2.2. By registering for the Componi service, the Client declares that they fully accept these Terms and Conditions, which constitute a binding agreement between the Client and Fortop S.r.l.

2.3. Should the Client not accept these Terms and Conditions, they will not be authorized to use the website and the related services.

3.1. Fortop S.r.l. undertakes to provide the services described in detail on its website.

3.2. The services offered through the site are AI-based tools and, therefore, do not necessarily guarantee a specific, perfect, complete, accurate or true output.

3.3. The Client is solely responsible for verifying the output for their specific use case.

3.4. The Output does not in any way replace the personal considerations, assessments and actions of the Client, nor the advice of professionals and specialists belonging to the relevant sectors.

3.5. Fortop S.r.l. reserves the right to improve, modify or extend the services over time, always ensuring that their main functions are maintained.

4.1. The Client accepts these Terms and Conditions at the time of registration on the Site, by clicking the appropriate checkbox on the personal account creation page, or by authorizing registration through their own account registered with a third party (e.g. Google), according to the options made available on the site.

4.2. Once the account has been created, the Terms and Conditions applicable to the Client may be amended and updated by Fortop S.r.l. upon communication to the Client with reasonable notice: should the Client not intend to accept the new version proposed by Fortop S.r.l., they may withdraw from the service at the end of the contract period already activated, without further charges.

5.1. Fortop S.r.l. undertakes to carry out the performances and provide the services with diligence and good faith, actively collaborating with the Client to ensure the correct fulfilment of its obligations.

5.2. No specific service levels are provided; the service is delivered on a "best effort" basis.

5.3. In particular, Fortop S.r.l. undertakes to:
(i) ensure that the services are provided with continuity and reliability, in accordance with what is described on the site;
(ii) provide assistance and technical support for the correct use of the service and for any reports such as: login access problems, support for the normal copy functions, etc.;
(iii) apply suitable security measures to protect the personal and business data of the Client;
(iv) promptly communicate any variation or modification of the services that may impact the Client.

5.4. Access to the services may be temporarily suspended without notice in the event of a system failure, for maintenance or for reasons of force majeure beyond the control of Fortop S.r.l.

6.1. The Client undertakes to pay the fees for the services as specified within the website of the Componi service.

6.2. All prices indicated are inclusive of VAT and charges.

6.3. Invoices are issued upon receipt of payment and in any case no later than the month of receipt.

6.4. In the event of access under the free plan ("BetaFree"), limitations and/or inaccessible features may be provided for, as established from time to time by Fortop S.r.l. in full autonomy; furthermore, Fortop S.r.l. reserves the right to deactivate and/or delete free-plan accounts that have not been used for more than 90 days from the last access made by the Client.

6.5. In the event of access under a paid plan, Fortop S.r.l. will provide details of the features and any limitations present within the service level chosen by the Client: for specific information regarding the various plans, full reference is made here to the website.

7.1. The Client is authorized to use the services in compliance with the following conditions:
(i) use the services in accordance with the applicable laws and for the purposes established and agreed with Fortop S.r.l.;
(ii) scrupulously comply with the instructions for use provided by Fortop S.r.l.;
(iii) make the payments due punctually within the agreed terms.

7.2. Any delays in the activation or provision of the services attributable to preliminary activities incumbent upon the Client shall not be the responsibility of Fortop S.r.l.

7.3. The Client is solely responsible for the use of the services in compliance with the law and these Terms and Conditions, as well as for the security of their own access credentials.

7.4. In the event of a breach of these provisions, as well as more generally of any burden, commitment and obligation provided for, the Client hereby undertakes to hold Fortop S.r.l. harmless and indemnified from any consequence, damage, injury, cost or expense that it may incur.

8.1. The Client is required to ensure that any information or data ("Input") provided during the use of the services complies with all applicable laws and regulations, does not infringe the rights of third parties (including intellectual property or privacy rights) and is not illegal, immoral or defamatory.

8.2. In the event of a breach, Fortop S.r.l. reserves the right to remove or block the Input and to deny access to the services.

8.3. The Client is prohibited from:
(i) using the tools improperly, for example to generate harmful or illegal content;
(ii) infringing the intellectual property rights of third parties through the use of the services;
(iii) using the services in any way that may damage, disable or compromise the website or interfere with other users.

9.1. Fortop S.r.l. grants the Client, for the sole duration of the contract, a worldwide, non-exclusive, non-transferable and non-sub-licensable license to use the services, limited solely to the purposes provided for by these Terms and Conditions.

9.2. All intellectual property rights relating to the Componi service, including but not limited to software, algorithms, know-how, trademarks, logos and marketing materials, remain the exclusive property of Fortop S.r.l. or its licensors.

9.3. Should the Services generate specific results (for example images, text hereinafter referred to as "Output"), Fortop S.r.l. does not claim any right over such Output and does not impose restrictions on the Client regarding the use of the Output, unless otherwise specifically agreed. However, if the Output includes existing content of third parties, the intellectual property rights of such third parties remain unaffected. The Client is solely responsible for the use of such Output and its compliance with applicable laws and the rights of third parties.

9.4. It is prohibited to incorporate the Componi website within another website without the prior written consent of Fortop S.r.l.

10.1. The relationship between the parties will end in the event of withdrawal by one of them: each party shall have the right to withdraw early from the contract at any time, giving notice with four (4) weeks' prior notice.

10.2. Withdrawal must be exercised by formal and written communication, to be sent to the contacts of the other party.

11.1. In the event of a breach of the essential obligations listed below, Fortop S.r.l. may send the Client a written communication requesting fulfilment within a reasonable time.

11.2. The following constitute essential breaches of the Terms and Conditions:
(i) the failure to pay the fees provided for;
(ii) the breach of the obligations relating to the intellectual property of Fortop S.r.l.;
(iii) the breach of the confidentiality obligations;
(iv) the use of the services in a fraudulent or unlawful manner.

11.3. Should the Client fail to fulfil their obligations within the time indicated, the contract shall be deemed automatically terminated.

12.1. Each party undertakes to keep strictly confidential all information received from the other party considered confidential and not to disclose it to third parties.

12.2. Each party will use a standard of care no lower than that used to protect its own confidential information to protect the confidentiality of the information received from the other party.

13.1. The Componi service and its contents are provided "as-is", without any warranty, express or implied.

13.2. Fortop S.r.l. assumes no responsibility for inaccuracies, errors or omissions present in the contents or in the code of the service, and reserves the right to remove content or data uploaded by the Client to the platform in the event of anomalous use of resources, in order to ensure fair access for all users.

13.3. Fortop S.r.l. provides no assurance as to merchantability, fitness for a specific purpose or compliance with the rights of third parties, and expressly disclaims any warranty in this regard.

13.4. In no event shall Fortop S.r.l. be liable for direct, indirect, special, incidental, consequential damages or damages of any other nature arising from the use of the Service or its contents, regardless of the legal basis invoked, including contractual, tortious or negligence liability.

13.5. Fortop S.r.l. does not exercise any editorial control over the content entered by users and does not guarantee the accuracy, completeness, reliability or timeliness of the information, content or services accessible through the platform.

13.6. Fortop S.r.l. disclaims all liability for third-party content accessible via links or for products and services provided in connection with the service.

14.1. Upon termination of these Terms and Conditions for any reason:
(i) Fortop S.r.l. will cease the provision of the services;
(ii) the Client will immediately cease the use of the services;
(iii) the Client must pay all fees accrued up to the date of termination.

14.2. The provisions relating to: limitations of liability, confidentiality, intellectual property, processing of personal data, applicable law and jurisdiction, shall remain in force even after the termination of the contract.

15.1. Force majeure means any unforeseeable, unavoidable event and/or event beyond the control of the parties, the occurrence of which is not attributable to them (by way of example and not limited to: wars, natural disasters, pandemics, national strikes and any other element not foreseeable with ordinary diligence).

15.2. In such cases, both parties have the option of agreeing on the extension of the terms for the performance of the obligations incumbent upon them.

15.3. The party affected by the force majeure event shall not be liable for the non-performance of its obligations if it is able to prove that the non-performance is a direct consequence of the force majeure event, and that at the time of the conclusion of the contract it was not reasonable to expect that it could occur and that it is not reasonably possible to avoid or remedy the force majeure event or its effects.

16.1. The parties undertake to comply with all applicable provisions on the protection of personal data, with particular reference to Regulation UE 2016/679 (GDPR) and to D. Lgs. 196/2003 and subsequent amendments and additions.

16.2. Fortop S.r.l. undertakes in particular to comply with the regulatory provisions on the protection of personal data, confirming that the operations on personal data take place in the presence of a suitable legal basis and in compliance with the obligations to provide an appropriate policy to data subjects. See the Privacy Policy.

17.1. The Terms and Conditions are governed and regulated by Italian law.

17.2. A Client who qualifies as a consumer may seek to resolve any dispute relating to the purchase made on the Site by referring to the list of alternative consumer dispute resolution bodies drawn up by the European Commission pursuant to Article 20, paragraph 4, of Directive 2013/11/UE, created and managed by the European Union.

17.3. The Client can access these bodies starting from this link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2&lng=EN.

17.4. Any dispute relating to these Terms and Conditions, if not resolved amicably, shall be submitted to the exclusive jurisdiction of the court of the place of residence or domicile of the Client.