Allgemeine Geschäftsbedingungen des Dienstes

1. INTRODUCTION

1. Subject of the Terms

These Terms and Conditions of Use (hereinafter "Terms") govern access to and use of the products and services ("Services") provided by iRoma S.r.l. (hereinafter "iRoma"), with registered office at Via Pietro Rosa, 48/b – 00122, Rome (Italy).

2. Acceptance of Terms

By using our Services, the user fully accepts these Terms. Please read them carefully. If the user does not wish to accept these conditions, they are invited to immediately discontinue use of the Services.

3. Privacy Policy

The user is also required to review our Privacy Policy, which details the methods of processing personal data pursuant to Regulation (EU) 2016/679 (GDPR) and applicable Italian legislation.

2. DESCRIPTION OF SERVICES

1. Easy Platform

iRoma specializes in the production of web and mobile software. It has developed the online platform "Easy", accessible via the Internet, which allows users to manage, administer, and share information related to educational institutions (e.g., nurseries, kindergartens, and schools in general).

2. Purpose

The Services offered through Easy are aimed at educational institutions and support their administrative and organizational management.

3. Scope of Data Processing

The user acknowledges that iRoma, pursuant to the Privacy Policy, does not process indirect users' data (staff, family members, students, children, etc.) for purposes other than providing the service, nor does it use them for commercial purposes.

3. USE OF OUR SERVICES

1. Proper Conduct

It is prohibited to use the Services improperly, for example:

• Interfering with the Services, tampering with them, or trying to access them through methods other than the interfaces provided by iRoma.
• Bypassing security measures, uploading or spreading malicious content (viruses, malware, etc.).
• Using the Services in violation of applicable laws (national, European, international), including those concerning exports and data control.

2. Intellectual Property

By using the Services, the user does not acquire any intellectual property rights over iRoma's content or third-party content. It is forbidden to use content from our Services without authorization from the owner or outside the exceptions provided by law. It is not permitted to remove, obscure, or alter legal notices or trademarks present on the Services.

3. Third-Party Content

iRoma is not responsible for content uploaded or provided by third parties. The user acknowledges that iRoma may remove content that violates these Terms, the law, or third-party rights.

4. Service Communications

In the context of using the Services, iRoma may send the user administrative, technical, or informational communications deemed necessary for the proper functioning of the platform.

4. EASY ACCOUNT

1. Creation and Credentials

• To access certain features of the Services, the user must create an Easy account by providing a valid email (username) and a secure password.
• The user is responsible for safeguarding their login credentials. iRoma recommends using complex passwords.

2. Responsibility for Improper Use

• The user is responsible for all activities performed through their account.
• In case of unauthorized use or security breach, the user must promptly inform iRoma and change their password.

3. Visibility of School Content

• Access to data and information related to educational institutions (e.g., nurseries, etc.) is reserved exclusively for authorized users (educators, parents, administrative staff).
• The administrator of each institution may revoke or suspend access to content at any time.

5. USER OBLIGATIONS

The user agrees to:

1. Provide truthful information: do not create accounts in the name of third parties or provide false data.
2. Create only one account per institution (except for formally authorized exceptions).
3. Not use the Services for illegal purposes, such as grooming, prostitution, dissemination of defamatory, obscene, violent, racist, xenophobic content, content that incites hatred, or contains child pornography material.
4. Not disclose personal or sensitive information of third parties unless previously authorized and in any case in compliance with data protection regulations and Easy's purposes.
5. Respect copyright and third-party rights: do not upload protected content without necessary authorization, do not use others' material for commercial purposes or spam.
6. Not hinder the normal functioning of the Services: it is forbidden to upload malicious software, generate massive traffic (spam), or tamper with platform functionalities.
7. Use username and password only for authentication purposes: do not share your credentials with third parties.
8. Respect the purpose of the Services, avoiding uses not expressly permitted in these Terms.

Violation of one or more of these obligations constitutes a serious contractual breach that may result in immediate suspension or deletion of the account.

6. RESPONSIBILITIES AND LIMITATIONS

1. Service Availability

• iRoma does not guarantee uninterrupted access to the Easy platform. Interruptions may occur due to maintenance, updates, technical problems, or force majeure.
• The user declares that they have nothing to claim from iRoma in case of service disruptions or temporary interruptions.

2. Data Backup

• iRoma provides users with the ability to export or request a complete backup of their account.
• The user is responsible for making periodic backup copies of their data to avoid losses due to malfunctions or external causes.

3. Disclaimer of Warranties

• Except as otherwise provided by law, the Services are provided "as is". iRoma makes no express or implied warranties regarding continuity, suitability, accuracy, and/or absence of errors in the Services.
• iRoma is not liable for damages arising from content inserted by users or third parties.

4. Limitation of Liability

• To the extent permitted by law, iRoma shall not be liable for indirect, incidental, special, or consequential damages, including — but not limited to — data loss, missed business opportunities, or lost revenue.
• If, by virtue of a mandatory rule, iRoma is held liable, such liability shall be limited to the amount paid by the user for the Services (or, at iRoma's discretion, to a new provision of the Services).

7. USER CONTENT IN OUR SERVICES

1. Property Rights

The user (administrator or other) who uploads content (including photos, videos, documents, etc.) to the platform retains intellectual property rights over such content, subject to respect for the rights of any third parties.

2. License of Use

By uploading content, the user grants iRoma a limited license to use such content for the purpose of providing and improving the Services, as further specified in the Privacy Policy. Such content will not be disclosed to third parties, except as provided by law or these Terms.

3. Confidentiality and Visibility

Content uploaded to Easy is not automatically visible to third parties. The user or administrator of the educational institution has the ability to grant or revoke access permissions to the content, according to the platform's internal permission system.

4. Third-Party Data

The user declares and warrants that they possess all necessary authorizations, consents, and legal bases (in accordance with Regulation (EU) 2016/679 and applicable national legislation) to enter third-party personal data (for example, data of family members, students, or school staff) into the Easy platform. In case of absence of such prerequisites, the user agrees not to enter said data. It is understood that iRoma assumes no responsibility regarding the lawfulness or correctness of such processing.

5. Role of the Company as Data Processor

By accepting these Terms and Conditions, the User acknowledges that iRoma acts as Data Processor pursuant to Article 28 of Regulation (EU) 2016/679, on behalf of the Data Controller (to be identified as the educational institution using the Services). In this capacity, iRoma undertakes to process personal data only on documented instructions from the Controller, to ensure confidentiality, security, and compliance of processing operations, and to implement appropriate technical and organizational measures to ensure data protection, in accordance with the purposes indicated by the Controller. To view the complete appointment, you can download and consult this document (click to download the document).

6. Content Removal

iRoma reserves the right to remove or restrict access to content that is in violation of these Terms, legal regulations, or third-party rights, without obligation to give prior notice to the user.

8. MODIFICATION, SUSPENSION, AND INTERRUPTION OF SERVICES

1. Modifications and Suspensions

iRoma reserves the right to add, modify, or remove features of the Services, as well as to suspend their provision temporarily or permanently.

2. Service Termination

In case of termination of a Service, if reasonably possible, iRoma will provide adequate notice, allowing the user to export their data.

3. No Refunds

Refunds of fees already paid are not provided, as the user has the opportunity to try the platform for free for 30 days. The user may choose not to renew the subscription or delete the account at any time through the appropriate "Licenses" section.

9. SUSPENSION AND EXCLUSION

1. Serious Violations

iRoma may suspend or close the user's account, with or without notice, in case of:

• Serious or repeated violation of these Terms or other rules published by iRoma.
• Providing false or misleading information.
• Actions that may cause economic or legal damage to iRoma or other users.
• Offensive, defamatory expressions or those that incite hatred.

2. iRoma's Discretionary Authority

iRoma also reserves the right to suspend or cease the provision of Services, in whole or in part, at its discretion, if it deems it necessary for technical, organizational, security, or any other legitimate reasons. In such cases, iRoma, where possible, will provide adequate notice to the user.

3. New Accounts Prohibited

In case of temporary or indefinite suspension, the user is prohibited from creating new accounts without the explicit consent of iRoma.

10. BUSINESS USE OF SERVICES

1. Acceptance on Behalf of Third Parties

If the Services are used on behalf of a company or entity, that entity accepts these Terms.

2. Indemnification by Company/Entity

The company/entity shall indemnify and hold harmless iRoma (including employees, directors, collaborators) from any damage or liability arising from the use of the Services or violation of the Terms attributable to its employees, collaborators, or representatives.

11. BILLING AND TAX DOCUMENTATION SERVICE

1. Service Object

If the Easy platform includes functions for issuing, storing, or managing invoices and/or other tax documents (hereinafter "Tax Documents"), this service is provided in support of the user, but in no way replaces the user's possible obligation to verify the correctness and integrity of the information contained in the Tax Documents.

2. User Responsibility for Data

• The user declares that they are solely responsible for the data entered in invoices and other Tax Documents generated or managed through the Easy platform (e.g., personal data, VAT, amounts, etc.).
• Before sending or transmitting such Documents to third parties, including customers, suppliers, or the Interchange System (SDI), the user undertakes to verify their correctness, completeness, and compliance with current tax regulations.

3. Limitation of iRoma's Liability

• iRoma assumes no responsibility for errors, omissions, or inaccuracies in Tax Documents due to erroneous or incomplete data entered by the user.
• iRoma does not guarantee the absence of malfunctions or interruptions in the Easy platform that may affect the creation, issuance, or transmission of Tax Documents.
• In no case shall iRoma be obliged to compensate for direct or indirect damages, lost profits, expenses, or other claims arising from any discrepancies, rejections, transmission errors, or other problems related to Tax Documents generated or managed through the platform.

4. Tax Drawer Verification

The user undertakes to check in their tax drawer (or other reserved area made available by the Revenue Agency or third parties) the correct reception, issuance, or storage of Tax Documents sent through the platform. It is understood that iRoma is not responsible for any discrepancies or delays in the publication or registration of such Documents by authorities or third parties.

5. Tax Obligations

The user acknowledges that maintaining accounting records and properly fulfilling all tax obligations (compilation, storage, sending of Tax Documents) remain the exclusive responsibility of the user and/or their tax consultant. Using the Easy platform does not relieve the user of legal obligations at their charge.

12. "ABANDONMENT ALERT" SERVICE

1. Service Purpose

The "Abandonment Alert" service is a feature of the Easy platform that automatically sends a notification to family members if a student/child is not marked as present or absent in the management system.

2. Malfunctions and Limitations

• iRoma does not guarantee full availability and uninterrupted correct functioning of the "Abandonment Alert" service. Delays, omissions, or notification errors may occur caused, by way of example, by technical problems, network interruptions, or incorrect configurations of the receiving device.
• In no case may iRoma be held responsible for any missed alerts or late notifications due to technical inconveniences, third-party service disruptions, or malfunctions of the platform and/or devices used to receive notifications.

3. User Responsibility

• The safeguarding and protection of minors remain the exclusive responsibility of the educational institution and/or family members, who are required to verify the actual presence or absence of the student/child.
• The "Abandonment Alert" service is intended as a mere support tool and does not exempt users from taking all necessary control and supervision actions.

4. No Obligation of Result

The user acknowledges that, in no case, does the "Abandonment Alert" service constitute a guarantee or obligation of iRoma regarding the prevention of harmful events or the fulfillment of supervision duties of minors.

13. REVISION OF TERMS

1. Updates

iRoma may modify these Terms to adapt them to regulatory changes or to improve the functionalities of the Services.

2. Notice

In case of changes that substantially affect the user's rights or duties, iRoma will provide adequate notice (e.g., via email or notice on the website).

3. Acceptance of Changes

The user may reject the changes and delete their account at any time. If the user continues to use the Services after the changes come into effect, such changes shall be deemed accepted.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

1. Applicable Law

These Terms and any dispute concerning their validity, interpretation, and execution are governed by Italian law, unless otherwise provided by mandatory rules.

2. Mediation and Arbitration

• The parties undertake to attempt an amicable resolution of disputes through mediation at the Rome Arbitration Chamber (Mediation Body no. 44 of the Ministry of Justice register).
• In case of failed conciliation, the dispute shall be resolved by a sole arbitrator according to the Rules of the Rome Arbitration Chamber, with its seat in Rome. The arbitrator shall decide ritually and according to law.

3. Online Dispute Resolution for Consumers (ODR)

If the user is a consumer residing in Europe, they may use the online platform established by the European Commission (http://ec.europa.eu/consumers/odr/) to resolve any disputes out of court. iRoma is available to answer any questions sent to the email address indicated in the Privacy Policy or in this document.

15. ACCOUNT DELETION

1. Deletion Request

The user may request the deletion of their account at any time, along with all related information, by sending a request to info@iroma.net or following the procedures indicated in the reserved area.

2. Effects of Deletion

The deletion of the account results in the termination of the contractual relationship with iRoma regarding the use of Easy Services, without prejudice to any legal obligations regarding data retention.

16. FINAL PROVISIONS

1. Party Independence

These Terms do not create any relationship of collaboration, association, agency, or intermediation between iRoma and the user.

2. Null or Ineffective Clauses

The possible nullity or ineffectiveness of one or more clauses does not invalidate the remaining provisions.

3. Failure to Exercise a Right

Any inaction or delay by iRoma in exercising its rights does not constitute a waiver of asserting them in the future.

4. Entire Agreement

These Terms, together with the policies and documents referenced (including the Privacy Policy), constitute the entire agreement between the user and iRoma regarding the use of Easy Services.

17. ACCEPTANCE

By accepting these Terms, the user agrees to indemnify and hold harmless iRoma (as well as its employees, directors, and collaborators) from any claim or compensation request made by third parties, arising from the violation of even one of the clauses contained in this document or third-party rights.

If the user does not intend to accept these conditions, they are asked not to proceed with registration or to discontinue use of the Services.

For any doubt or request for clarification on these Terms or the Privacy Policy, you can contact us at the references indicated on the website or at info@iroma.net.