GENERAL TERMS OF USE

1. DEFINITIONS

1.1. In these General Terms of Use, terms appearing with capital letters, whether singular or plural, shall have the meanings set out below, unless a different meaning is explicitly stated:

"Subscription": the subscription contract entered into by the User to take advantage of the Services provided by the Provider, on behalf of the Owner, according to the specific terms and conditions available at this link: https://myorizon.orizon.pro/service-policy.
"Account": the User's profile, which is activated only after Registration and which is subsequently made accessible to the User, after entering the Credentials, for access to the User Area of the Platform, which can be consulted at this link: https://myorizon.orizon.pro/user/profile.
"Updates": enhancements and/or improvements and/or changes made to the Platform and/or the App.
"Orizon App" or just "App": the Orizon App through which the Provider provides Users with access to the Orizon Platform to use the Services.
"User Area": the area of the Platform and/or App, specifically dedicated and reserved for Users, accessible through an Account, for the provision of the Services, according to the General Terms and Conditions of Subscription, which can be consulted at this link: https://myorizon.orizon.pro/service-policy.
"Product Components" or "Devices": the hardware and software components and other devices provided by the Owner to the User for the fruition of the Services, according to the provisions of Article 3 of these Terms, in the specific contract entered into between the Owner and the User for the supply of such components (the "Supply Agreement") and in the General Terms and Conditions for Subscription.
"General Terms and Conditions for Subscription": the General Conditions for the provision of the Services provided by the Manager, on behalf of the Owner, in favour of the Users, by means of access with Account to the Platform or App, which conditions shall be deemed to be accepted at Registration. See: https://myorizon.orizon.pro/service-policy.
"Consumer": the natural person acting for purposes unrelated to their entrepreneurial, commercial or professional activity, when using the Platform or App, in accordance with the applicable local legislation.
"Credentials": username and password issued to the User during Registration, which allow subsequent access to the Platform and/or App and to the User Area via Account.
"Provider": an Italian company that designs and implements technological solutions, including its directors, managers, employees, agents, representatives, partners and licensors; the Provider acts on behalf of the Owner, for the provision of Services to Users and for the management of the Platform and App, under a specific contract.
"Parties or Party": the Owner, the Provider (on behalf of the Owner), and the User, when jointly or severally referred to.
"Orizon Platform" or just the "Platform": the on-line platform called Orizon.
"Reviews" or "Feedback": the User’s evaluation and any subsequent response by the professional who rendered the service, where applicable in the context of an assistance request, pursuant to Article 6 of the General Terms and Conditions of Subscription.
"Registration": registration of the User, with name, surname, e-mail, password, for the creation of the Account and the issue of Credentials.
"Orizon Services" or just the "Services": the services rendered by the Provider to the User through the Orizon Platform and App, in accordance with the General Terms and Conditions for Subscription and the Privacy Policy.
"General Terms of Use" or just the "Terms": these General Terms of Use for access and use of the Orizon Platform and/or App by Users.
"Owner": Cartello S.r.l., Via Terrarossa 1, 16042 Carasco (GE), Italy, creator and owner of the Orizon Platform and App and supplier of the Product Components.
"User": a person who uses, also as Consumer, the Platform or the App in order to use the Services, following Registration and a valid Supply Agreement.

2. SUBJECT MATTER AND SCOPE

2.1. These Terms govern the access and use of the App and the Platform by the User.
2.2. By first access and clicking on accept, the User declares to have read and accepted these Terms and the Privacy Policy.
2.3. Acceptance on behalf of third parties requires legal authority of representation.
2.4. The Provider, on behalf of the Owner, may amend these Terms; amendments are effective upon publication on the Platform/App.
2.5. Non-acceptance prevents access or use of the Platform/App.

3. PRODUCT COMPONENTS

3.1. Provided by the Owner under the Supply Agreement; consist of hardware/software tools and related extensions, to be installed by the User on their vessel.

4. LICENSE OF USE

4.1. Use of App/Platform enables access to Services subject to Subscription.
4.2. User receives a revocable, limited, non-exclusive, non-transferable, non-sublicensable license.
4.3. License covers permitted uses only, as per the Supply Agreement and Terms of Subscription.
4.4. Modification, reproduction or commercial exploitation without consent is prohibited.
4.5. User obligations:
a. Not to copy/distribute Devices or Services;
b. Not to spam;
c. Not to disrupt servers/networks;
d. To comply with all applicable Terms and Policies.
4.6. Breach leads to prohibition, suspension, and possible destruction of unlawfully used content.
4.7. License duration: 12 months from Supply Agreement, renewable unless cancelled.
4.8. No intellectual property rights are transferred to the User.

5. SUBSCRIPTION TO SERVICES

5.1. Registration required for Account creation and Credentials.
5.2. Subscription allows use of Services for its duration.
5.3. Types of Subscriptions: see General Subscription Terms.
5.4. Initial Subscription: 12 months, included in Supply Agreement; thereafter renewable.
5.5. Payment due as per chosen Subscription type.
5.6. Payments in EUR via PayPal or credit card auto-debit (Nexi terms).
5.7. Non-payment results in termination of Subscription.
5.8. Invoices require additional user data (see Privacy Policy).
5.9. User may deactivate at any time, but no refunds (discretionary).
5.10. Provider may adjust prices with prior notice; User may cancel if not accepting.
5.11. Other changes require 15 days notice; User may cancel if not accepting.

6. REVIEWS AND FEEDBACK

6.1. Feedback concerns professional interventions only.
6.2. In line with EU Omnibus Directive, reviews must be truthful and verifiable.
6.3. Cartello S.r.l. is not responsible for published content.
6.4. False reviews are forbidden. See Code of Conduct.

7. PRIVACY AND SECURITY

7.1. Data processed under GDPR and Italian law. See Privacy Policy.
7.2. User responsible for Credentials; must notify loss/misuse.
7.3. Certain communications are mandatory (service/technical).
7.4. Questions to: customercare@orizon.pro.
7.5. Unauthorized access, tampering, scanning, or spamming is prohibited.
7.6. Reverse engineering, sublicensing, or distribution is prohibited.

8. REPRESENTATIONS AND WARRANTIES

8.1. Platform/App delivered with agreed features.
8.2. Provider warranted to have rights to grant usage.
8.3. No warranty for misuse or improper use by User.

9. PURPOSE OF THE SERVICES AND LIMITATIONS OF LIABILITY

9.1. Provider ensures commercial-grade availability, but is not liable for downtime.
9.2. Provider disclaims liability for errors, viruses, hardware/software damage.
9.3. No guarantees of specific performance.
9.4. Not liable for indirect damages (e.g., loss of profit, goodwill, devices).
9.5. Support: customercare@orizon.pro, +39 018535341 (Mon–Fri 8:30–17:30).
9.6. Users may file complaints if Accounts closed in error.
9.7. Forward-looking statements may differ from actual results. See EU Consumer Info.
9.8. Provider may display ads on Platform/App within Privacy Policy limits.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

10.1. Owner/Provider own all rights (logos, trademarks, designs, know-how, updates).
10.2. No transfer of IP rights; copying/distribution prohibited.

11. USER’S RIGHT OF WITHDRAWAL

11.1. User may withdraw anytime by uninstalling App and ceasing use.
11.2. Refunds (if applicable) within 14 days by same payment method.

12. TERMINATION OF CONTRACT AND INDEMNITY

12.1. Unauthorized use is prohibited; breaches allow termination under Art. 1456 c.c.
12.2. User must indemnify Owner/Provider against third-party claims due to misuse.
12.3. User liable for related damages, costs, expenses (incl. legal fees).

13. APPLICABLE LAW AND JURISDICTION

13.1. Governed by Italian law; Vienna 1980 Convention excluded.
13.2. Invalid clauses do not affect validity of others.
13.3. Consumer protection law may limit exclusions; liability capped as permitted.
13.4. Disputes: Court of Genoa (except consumer cases → Consumer’s court).

14. CONDITIONS UNDER ARTICLE 1341 C.C.

14.1. Pursuant to Art. 1341 c.c., the User specifically approves:
- Art. 7 (Declarations and Warranties)
- Art. 8 (Purpose and Liability Limits)
- Art. 11 (Termination & Indemnity)
- Art. 12 (Applicable Law & Jurisdiction)