Terms and conditions
(updated 3 May 2017)
Terms & Conditions
1.1. These terms & conditions (the “Agreement” or “Terms & Conditions”) are entered into by and between TANAZA s.r.l., a company created under the law of Italy, having its registered office in Milano, Carlo de Cristoforis, 13 – 20124, Registered with Milan Chamber of Commerce with n. VAT IT07081410966 (“TANAZA”) and you (“User”, “Visitor” or “You”), for browsing TANAZA’s websites and accessing its Services, unless TANAZA and customer enter into or have entered into another agreement regarding Services which is in effect at the time the applicable order is received by TANAZA (“Other Agreement”), in which case the terms and conditions of such Other Agreement shall govern the purchase and license of those TANAZA’s Services. Among “Other Agreements” are not included those reached by email or orally, e.g. by telephone.
1.2. By browsing TANAZA’s websites (also referred as the “Websites”) and using its applications, widgets, software, features, tools, and other services provided by us (together with the Webs, hereinafter our “Services“) You agree to be bound by the latest versions of this Agreement, also according to article 12. If You do not agree with this Agreement, please do not use TANAZA’s Services.
1.3. Our Services are very heterogeneous, so sometimes other additional terms or requirements for specific products could apply. The additional terms, and their update, will be available with the related Services and will be part of the contract with us by the User in case of use of such Services.
1.4. If You have access to the Services through third parties other than TANAZA (such as our partners, resellers or distributors), the terms and conditions of payment provided for in this Agreement and what it is connected to them will be implemented subject to compatibility with the terms and conditions of access to the Services set out between You and the third party.
2. Visiting the Websites
2.1. TANAZA grants You a limited license to access and make personal use of the Websites.
2.4. By testing our features or carrying out other activities that TANAZA provides to Visitors, You accept this Agreement.
3. Registration and account
3.1. To activate and use TANAZA’s Services, You need to register for an account with our Websites by completing and submitting the account registration form on our Websites.
3.2. By registering, You acknowledge acceptance of this Agreement and represent that You have the capacity to be bound by it or, if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity.
3.3. To activate TANAZA’s Services and access to TANAZA’s secure area, You must enter Your ID and password to authenticate Your account. Access to and use of password protected and/or secure areas of the Websites are restricted to authorized Users only. Unauthorized access to such areas is prohibited and may lead to prosecution.
3.4. When You have created an account in the Websites, You confirm that the information You have provided is truthful, the account is associated to one individual and the account will be used by You or by someone who acts on Your behalf. Upon any changes, You agree to update Your account to maintain the accuracy thereof.
3.5. To protect Your account, You must keep Your password confidential. You are responsible for the activities carried on or through Your TANAZA’s account.
3.6. If You become aware of any unauthorized use of Your password or account, You agree to notify TANAZA immediately by writing at firstname.lastname@example.org. If You do not notify TANAZA immediately of such use, You will be responsible for any liability incurred by TANAZA or any other User or any third party of this Websites due to unauthorized use.
3.7. If TANAZA believes that Your account has been compromised, TANAZA may require You to update your password. Furthermore in this case, as well as in all cases in which You do not comply with any of these Terms & Conditions, TANAZA may suspend or limit the use of Your account and refuse to provide Services.
3.8. TANAZA identifies Media Access Control (MAC) addresses of network interfaces. The MAC addresses should not be changed. There are tools in which a MAC address can be masked (so called “MAC spoofing”). MAC spoofing is done for legitimate and illicit purposes alike. Essentially, MAC spoofing entails changing a computer’s identity, for any reason, as bypassing of access control lists on servers or routers, either hiding a computer on a network or allowing it to replace another network device. TANAZA provides some tools to prevent these attacks (e.g. provides different authentication mode with gradual levels of security such as open, wpa, wpa2, radus, splash page, auto login). The use of features with different levels of security associated is User’s responsibility. If You become aware of any unauthorized use of any MAC addresses, You agree to notify TANAZA immediately by writing at email@example.com. If TANAZA believes that any MAC addresses is spoofed, TANAZA may request You information about it and eventually suspend or limit the use of the account (see also article 9).
4. Requirements for use of the Services
4.1. Age. By submitting an application to use the Services, if You are an individual, You represent that You are at least 18 years old. Parents and guardians should also remind any minors that the use of Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of it.
4.2. Devices, operational systems, and accounts. Use of the Services may require compatible devices and/or operational systems, Internet access, and certain software; it may require periodic updates and may be affected by the performance of these factors. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is Your responsibility.
4.3. Availability of the Service. The Services, or any feature or part thereof, may not be available in all languages or in all countries and TANAZA makes no representation that the Services, or any feature or part thereof, is appropriate or available for use in any particular location.
4.4. Compliancy. You acknowledge that it is Your responsibility to ensure that the use of TANAZA’s Services is permitted under the laws of Your jurisdiction and You agree to indemnify and hold TANAZA harmless if Your use of the Services is in violation of local law.
4.5. Limitations on Use. You agree to use the Services only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If Your use of the Services or other behavior intentionally or unintentionally threatens TANAZA’s ability to provide the Service or other systems, TANAZA shall be entitled to take all measures to protect the Services and its systems, which may include suspension of Your access to the Services. Repeated violations of the limitations may result in termination of Your Account.
4.6. Third parties functionality. Our Services depend frequently on third parties functionality (e.g. Facebook, Twitter, Instagram, DNS providers, local and international Internet service providers). If these third parties reduce their functionality, TANAZA may not be considered responsible for the resulting inconvenience.
4.8. Support. If it is necessary, TANAZA offers You technical support regarding the use of the TANAZA’s software (the “Software”). During support activities, TANAZA could ask You authorization to change configurations of Your devices.
5. Non Acceptable use
5.1. When You browse TANAZA’s Websites or use TANAZA’s Services, You must not:
– use our Websites and Services in any way or take any action that causes, or may cause, damage to the Websites and/or to the Services or impairment of the performance, availability and/or accessibility of the Websites and/or of the Services;
– use our Websites and Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
– use our Websites and Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
– use our Websites and Services to infringe any person’s legal rights, copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.
– integrate Services, including TANAZA software/firmware, with other software/firmware not owned by Tanaza without written consent by TANAZA. In particular, it’s not allowed to use discontinued versions or bypass TANAZA to use discontinued versions of the Tanaza Flasher. Any misuse of the Flasher is also not allowed. Interfering with the communication between the TANAZA infrastructure and the Flasher is not allowed.
6.1. TANAZA offers licenses and account-plan licenses per device.
6.2. These licenses are worldwide, non-assignable and non-exclusive licenses to use the software provided by TANAZA within the Services. The sole purpose of these licenses is to allow the User to use the Services provided by TANAZA and make use of its advantages, in the manner permitted by this Agreement.
6.3. You may activate different types of licenses, which may include one, or more, or all TANAZA’s Services.
6.4. Per device licenses allow managing a specific device for a specified time, e.g. 1yr, 3yrs or 5yrs, independently of the online/offline status of the unit, i.e. its ability to reach TANAZA’s servers and cloud infrastructure. You may activate a “life time” license, which lasts for the lifetime of Your device identified by a specific Mac Address.
6.5. In case the account does not have sufficient licenses to cover all the managed Access points, the account of the User will be suspended until the User will purchase enough licenses, according to article 9. When the account is suspended the operations of the Access point may be reduced and the use of the Services and their functionalities could be compromised.
7. Fees and Payment
7.1. Prices for Services shall be those specified in TANAZA’s current price list.
7.2. Payments shall be made at order, unless different conditions of payment are agreed with TANAZA.
7.3. Except as expressly provided in this Agreement, all fees and other amounts You pay under this Agreement are non-refundable.
7.4. If You fail to pay TANAZA on time, in addition to all other rights and remedies which TANAZA may have at law or in equity, TANAZA may, without terminating this Agreement, in its sole discretion and without further notice to You (other than the request for payment), suspend Your account according to article 9 and the Services and/or deny You access to them.
7.5. Services fees do not include taxes. Unless otherwise stated, You are responsible for all insurance, customs duties and taxes related to the Services provided under this Agreement, excluding taxes based upon TANAZA’s income.
8. Copyright and Trademarks
8.1. All content included on TANAZA’s Websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of TANAZA and protected by copyright laws. Reproduction of the content of TANAZA’s Websites without the written permission of TANAZA is prohibited.
8.2. TANAZA trademark, TANAZA logo, TANAZA Certified Partner, TANAZA Certified Reseller, TANAZA Flasher, TANAZA Powered APs trademark and logo, and other TANAZA graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of TANAZA or its subsidiaries. TANAZA’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not TANAZA’s, in any manner without TANAZA’s permission.
8.3. All other trademarks not owned by TANAZA or its subsidiaries that appear on TANAZA’s Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TANAZA or its subsidiaries.
8.4. You may not copy, modify, distribute, sell or lease parts of our Services or included software, nor reverse engineer or groped to extract the source code of such software, unless the law prohibits such restrictions or where You have our written permission.
9. Account Suspended
9.1. TANAZA reserves the right to suspend Your account and Your use of the Services:
- a) in case the account does not have sufficient licenses to cover all the managed Access points. The account of the User will be suspended until the User will purchase enough licenses;
- b) in case of late or non-payment of fees due to TANAZA;
- c) when TANAZA believes that any MAC addresses is spoofed according to article 8;
- d) in all other cases expressly provided in these Terms and Conditions;
- e) in any case of violation or failure to comply with these Terms and Conditions.
9.2. When the account is suspended the operations of the Access point may be reduced and the use of the Services and their functionalities could be compromised.
9.3. If You do not make Your position compliant in 20 (twenty) days, TANAZA reserves the right to terminate this Agreement.
10.1. Without prejudice to any other rights, TANAZA may immediately terminate this Agreement if You do not comply with it.
10.2. Furthermore this Agreement shall terminate by TANAZA for:
- a) requests by law enforcement or other government agencies;
- b) You have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities;
- c) having provided false information as part of Your account and having failed to keep Your account complete, true, and accurate;
- d) any use of the Service deemed at TANAZA’s sole discretion a non acceptable or prohibited Use as defined above; and/or
- e) nonpayment of any fees owed by you in connection with TANAZA’s Websites and Services, according to article 7;
- f) the assignment of the Agreement to third party without TANAZA’s written consent;
- g) in all other cases expressly provided in these Terms and Conditions.
10.3. Upon termination of this Agreement for any reason:
- a) all license rights granted in this Agreement will immediately terminate and Your access to the Service will end;
- b) you must promptly stop all use of the Services.
10.4. In case of termination, You guarantee the payment of all the fees and every amount that has yet to be paid to TANAZA by You within 10 (ten) days from the termination.
10.5. Any fees already paid, even those on licenses that are still available and not yet consumed, will not be refunded when the termination occurred under Articles 10.1 and 10.2. The amount received may be considered as partial compensation for the damage suffered, without prejudice to the possibility of TANAZA to act towards the User for compensation for greater damages.
11. Disclaimer of warranties and limitation of liability
11.1. TANAZA’s Websites are provided by TANAZA on an “as is” and “as available” basis. Therefore TANAZA makes no representations or warranties of any kind, express or implied, as, for example, to the operation of TANAZA’s Websites, the effectiveness of its Services, or the information, content, materials or products included on TANAZA’s Websites.
11.2. You expressly agree that Your use of TANAZA’s Websites and of its Services is at Your sole risk. You also accept that the usage of TANAZA Services may impact the performance of devices and you fully exonerate TANAZA from any responsibility (for example, TANAZA may decide at its discretion to disable flashing of all devices, or of a specific firmware version, discontinue an old version of Flasher, update the list of devices compatible with the Flasher, adding new devices or removing other devices, even temporarily).
11.3. TANAZA will have no obligation to correct, and TANAZA makes no warranty with respect to, errors caused by:
– improper installation/uninstallation of the Software on the Access points (also referred to as “flashing procedure” of the hardware);
– changes that You have made to the Software;
– use of the Services in a manner inconsistent with the documentation, such as user manuals, training materials, technical manuals, license agreements, supporting materials and other information relating to Services offered by TANAZA, distributed in any format (video, print, cd-rom, pdf file, on the Websites, etc.) (the “Documentation”);
– the combination of the Software or Services with hardware or software not provided by TANAZA or listed as compatible in the Documentation;
– erroneous execution of the flashing procedures to hardware with TANAZA or third parties firmwares;
– malfunction, modification or relocation of Your servers;
– any third party service, software or hardware.
11.4. You agree to indemnify and hold TANAZA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of: (i) Your incorrect use of the Software or of the Services, (ii) Your connection to the Services, (iii) Your violation of this Agreement, (iv) Your violation of any rights of another, (v) the errors listed above in article 11.3, (vi) third party activities on which depend the functionality of any Services (such as, but not limited to, Facebook, Twitter, Instagram, DNS providers, local and international Internet service providers); (vii) violation or illegal interventions by parties other than TANAZA on the Services or equipment or access points used by TANAZA; (viii) force majeure or unforeseeable circumstances.
11.5. TANAZA is not responsible for any use of the Websites and/or of the Services by minors.
11.6. TANAZA will not be liable, except for cases of willful misconduct or gross negligence, for the privacy of e-mail addresses, for the registration and identification Data, communications, confidential information or any other content stored on TANAZA, transmitted over networks accessed by the Websites or otherwise associated with the use of the Services.
11.7. Although TANAZA monitors the information on the Websites, some of the information may be supplied by independent third parties. TANAZA makes no warranty as to the accuracy of any such information. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TANAZA has no control over such sites and resources, you acknowledge and agree that TANAZA is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TANAZA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
12.2. The updated version shall be effective upon posting on the Websites (the “Effective Date”).
12.5. In the event that You refuse to accept such changes, TANAZA will have the right to terminate this Agreement and Your account. You agree that TANAZA shall not be liable to You or any third party for any modification or termination of the Services. In the event that You refuse to accept such changes, if You have paid to use the Service and if we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment.
13.1. NO ASSIGNMENT: You agree that this Agreement is between You and TANAZA and You may not assign it to any third party without TANAZA’s written consent.
13.2. WAIVER: the failure of TANAZA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
13.3. SEVERABILITY OF TERMS: if any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
13.4. NON-TRANSFERABILITY OF ACCOUNTS AND LICENSES: You agree that your TANAZA account and licenses are non-transferable except with TANAZA’s written consent.
13.5. TIME LIMITATIONS FOR CLAIMS: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TANAZA’s Websites and its Services must be filed within one year after such claim or cause of action arose or be forever barred.
13.6. APPLICABLE LAW AND JURISDICTION: by visiting TANAZA’s Websites or using TANAZA Services, You agree that the laws of the state of Italy, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and TANAZA or its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Milano, Italy.
14. Approval clauses ex art. 1341 and 1342 Italian Civil Code
You expressly accept and approve, after having carefully read and pursuant to the effects of articles 1341 and 1342 of the Italian Civil Code, the following Terms: 11 (Disclaimer of warranties and limitation of liability), 10 (Termination), 9 (Account Suspended), 13 (Miscellaneous: No assignment, Waiver, Severability of Terms, Non-transferability of Accounts and Licenses, Time limitations for claims, Applicable Law and Jurisdiction), 12 (Modification), 4 (Requirements for use of the Services), 1 (Introduction). Clicking on the submit button (e.g. “Submit”) of the form after checking the T&C checkbox is valid as further acceptance of clauses expressed in this paragraph.