Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the following meanings:

Owner: Matteo Minguzzi, Via Reale 327, 48011 Alfonsine (RA), C.F. MNGMTT74B27H199M, P.IVA 02481700397, PEC address tecnopolaris@pec.it

Application: the web site www.DevicExp.com/

Services: technical consulting provided by experienced users registered in the Application

User: any subject accessing and using the Application

Requesting User: the natural or legal person who purchases the Services through the Application

Expert User: the natural or legal person who offers the Services through the Application

Contents: any textual or multimedia elements present on the Application, as examples of ads, advertisements, reviews, images, etc.

Conditions: this contract governing the relations between the Owner and the Users.

Relations between Owner and Users

The Application hosts a platform managed by the Owner that allows Requesting Users interested in the Services offered by other Expert Users to be connected. The Owner is not part of the relationship that will be established exclusively between the Requesting Users and the Expert Users and assumes no liability arising from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, the contract concluded between the Expert Users and the Requesting Users is not subject to these Conditions and does not imply any liability of the Owner in relation to the services rendered.

Detailed information on the offer of the Application

The Application provides Technical Advicing Services provided by Expert Users registered on the Application. After registration, the Requesting User may send from his personal area a request for advice that the Application will automatically entrust to another Expert User who has declared competence in the matter. Each individual advice may concern only one question. The Expert User will contact the Requesting User in the time and manner chosen in the Application.

Scope of the Conditions

The use of the Application implies your acceptance of the Terms. If the User does not intend to accept the Terms and/or any other notice, legal notice, information published or recalled therein may not use the Application or the related services. Before using the Application, the User must carefully read the Terms and save or print them for future advice. The Owner reserves the right to vary at its discretion, at any time even after the registration of the User, the Conditions, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions. In the event that the User does not agree with the contractual changes made, he has the right to withdraw by sending a written communication by e-mail to the Owner. The refund will take effect in the following 15 days.

Registration

To take advantage of the functionality of the Application, Users must register by providing, in a truthful and complete manner, all the data required in the relevant registration form and declare that they have read the privacy policy (www.DevicExp.com/privacypolicy) and the Conditions. The User is responsible for maintaining his access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately if he suspects or becomes aware of any misuse or improper disclosure of the same. The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to keep the Owber harmless and free from any damage, compensation obligation and/or penalty arising from and/or in any way related to the User’s violation of the rules on registration to the Application or the retention of registration credentials.

Account cancellation and deactivation

The registered User can stop using the Application at any time and deactivate their account or request its cancellation through the interface of the Application or by sending a written communication to the e-mail address support@DevicExp.com. In the event of a violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or deactivate the User’s account at any time and without notice.

Account Deactivation for inactivity

If an account remains inactive for two years, all account content will be removed and the account will be disabled. Before this happens the User will be contacted by e-mail at least three months before. To keep an account active, simply log in. When you deactivate your account, any remaining credit will no longer be redeemable.

Limitation, suspension or account interruption

The Owner may limit, suspend or completely terminate the User’s account, specifying in writing by e-mail at least 15 days before the limitation, suspension or interruption takes effect, the reasons for that decision and the actions that must be taken to restore the account. The Owner will restore the User’s account without delay when it deems at its sole discretion that the reasons for the limitation, suspension or interruption have disappeared. The 15-days notice period shall not apply where:
• the Owner is required to comply with a legal or regulatory obligation that requires him to modify the Conditions without being able to comply with the notice period
• the User has committed a serious breach, a serious violation of the obligations assumed towards the Owner or the applicable laws
• the User has provided false, incomplete or incorrect information, has engaged in fraudulent or unlawful conduct, there has been unauthorized or fraudulent use of the account or the Application.


Purchase through the Application

The Services offered are described in detail on the corresponding pages of the Application. Natural persons are only permitted to purchase if they are of legal age. For minors, any purchase of Services through the Application must be screened and authorized by the parents or by the holders of parental responsibility. The offer of the Services through the Application constitutes an invitation to offer and request consulting. The request sent by the Requesting User is valid as a contractual purchase proposal, subject to confirmation and/or acceptance by the Expert User. The contract is considered formed only after the Requesting User has assigned the consulting to the Expert User.

Service request

The request of the Consulting Service is made by specifying:
• product type
• brand
• model
• question
• urgency level (red, yellow, green):
• red: to be contacted within a few minutes
• yellow: to be contacted within an hour
• green: to be contacted over an hour
• consulting duration: minimum 5 minutes and incremental with steps of minimum 5 minutes
• contact way: chat or phone
• economic offer: Requesting User evaluates how much he is willing to pay for the Consulting Service, estimating the importance and duration of the advice.

Selection of the Expert User

Once the request for consulting is entered, an e-mail is sent to the first Expert User selected, the selection is based on the correspondence between skills required and skills declared by the Expert User, the availability time declared and the feedbacks received previously: an expert with a higher score is more likely to be selected. After some time if the Expert User has not responded, an new e-mail will be sent to a second Expert User and so on. According to the request urgency code, emails are sent at different time intervals until the request is accepted. The time interval between one dispatch and the next depends on the level of urgency. The Expert User who takes charge of the request contacts the Requesting User using one of the specified ways. The duration of the advice has a time limit set by the Requesting User and the advice takes place using the mean specified according to the agreements between the parties (phone with hidden number, platform messaging, video call, etc.). The Service can end in a single contact, or it can continue and develop with subsequent contacts. The Expert User has the right to conclude the advice at the expiration of the time required regardless of the resolution of the case. While the Requesting User is waiting to be contacted by an Expert User he may decide to increase the amount offered in order to entice Expert Users to accept the assignment.

Pricing and payments

Registration for the Application is free. The use of the consulting Service requires the purchase of credits as indicated on the dedicated page on the Application. The User undertakes to pay the price in the time and manner indicated therein and to communicate any necessary data requested. Credits remain in your account until your account is deactivated. The debiting of the credits corresponding to the amount offered for the advice takes place when the Requesting User declares that the advice is completed. The Expert User will be credited with the sum offered by the Requesting User expressed in credits net of the Owner’s fee.
The offered sum visible to the Expert User is expressed net of the commission and is exactly the amount that will be paid into his account at the end of the advice , while the offered sum visible by the Requesting User is exactly the amount that will be deducted from his account at the end of the advice. The attribution fee is calculated as a percentage of the sum offered and varies according to the table available at the link "www.devicexp.com/guideFAQ#Commissions%20applied".
The credit on a User’s account may be fully or partially redeemed at any time or may be used for other advices.
Each new redemption can be requested from the page "www.devicexp.com/expert/withdraw/request" which is accessed by selecting the item "Request redemption" from the User menu. The request is protected by an additional layer of security provided by a six-letter alphanumeric code sent to the User’s email address. The redemption form requires the following data:
• type of beneficiary: natural or legal person (mandatory)
• payment method (mandatory data): payment options are Paypal, Stripe and bank transfer.
In the case of a natural person, the following additional data is required:
• name (mandatory data)
• surname (mandatory data)
• tax code (optional)
• address (optional)
• country (mandatory data)
In the case of a legal person, the following additional data are required:
• company name (mandatory)
• VAT code (mandatory)
• company address (optional)
• company country(mandatory)
Each redemption will be executed net of the fees charged by used third-party payment instruments. The Owner reserves the right to change, at any time, the price of the Services and any additional costs. It is understood that any price changes will not affect in any case contracts already concluded before the amendment. If third-party payment instruments refuse the authorization to charge, the Owner will not be able to provide the Services and cannot be held responsible in any way.

Invoicing

The User must specify the invoicing details when he/ she purchases credits or redeem his/ her credits. The User who wishes to receive the invoice will be asked for the billing data. The informations provided by the User, that the User declares and guarantees to be authentic, will prevail for the issue of the invoice, releasing to the Owner any wider indemnity in this regard.

Dispute procedure

In the event of a dispute between the Requesting User and the Expert User, a dispute procedure may be initiated within 24 hours from the end of the task. The procedure can be started in the alerts section that is accessed from the user menu by selecting the "Alerts" and then by clicking on the "New alert" button. It is necessary to include the title and date/time of the task referred to in addition to a detailed description of the reasons for which the dispute was opened. The Platform Owner or its representative, as a neutral entity and as a mediator between the two parties, will assess the case, contact both parties and analyse any messages and/ or material exchanged. At the end of the investigation the Platform Owner or its representative will decide how to effectively settle the dispute.

Exclusion of the right of refund for professional users

To the Professional User (the natural person or legal person who concludes a contract for the performance or for the needs of his entrepreneurial, commercial, artisanal or professional activity) the right of refund from the contract of sale of the Services is not recognised. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a Professional User, for whom there is no right of refund.

Right of refund of consumer Users

The consumer User (the natural person of legal age who concludes a contract for purposes unrelated to his entrepreneurial, commercial, artisan or professional activity, if any) has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract, by sending a written notice to the e-mail address support@DevicExp.com, using the optional refund form referred to in the following article or any other written declaration. In the event of a correctly exercised refund, the Owner will refund to the User the payments received, in the same payment methods used by the consumer User for the initial transaction, without undue delay and in any case not later than 14 days from the date on which the consumer User informed him that he had withdrawn from the contract. The consumer User acknowledges and agrees to lose the right of refund after the complete provision of a Service. Where the provision of the Service has not been fully performed and the consumer User wishes to withdraw from the contract, he is still obliged to pay to the Owner an amount proportional to what has been performed until the moment in which he exercised the right of refund.

Optional form to exercise the right of refund of consumer Users

The consumer can withdraw using the following form that must be filled in in its entirety and sent to the e-mail address support@DevicExp.com before the expiry of the refund period:

Hereby, I communicate the refund from the sales contract of the Advisory Service

Order number:_______

Ordered on: _______

Name and Surname: _______

Address: ______

e-mail associated with the account from which the order was placed: ____________________

Date:______

Content posted by users

The User may upload Content on the Application, provided that they are not illegal (ie obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties)misleading, or otherwise detrimental to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to hold the Owner indemnified and harmless from any damage, loss or expense. The User guarantees that Contents are sent to the Application through his account from persons of legal age. For minors, the sending of Content must be screened and authorized by parents or by the holders of parental responsibility. The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, advice, management of Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Content and its behavior. It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his identity, or otherwise to declare false on the origin of the Content. The Owner is not able to ensure a timely control on the Content received and reserves the right at all times to delete, move, modify those that, at its discretion, appear illegal, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable. The Users grant the Owner a non-exclusive right of use on the Content sent, without limitations of geographical areas. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, even audio and video) that is sent by the User, including through third parties. The Content sent will not be returned and the Owner will not be responsible to the Users for the loss, modification or destruction of the Content transmitted. It is expressly forbidden, unless explicitly authorized by the Owner: i) the use of automatic ad loading systems, except those expressly authorized, ii) the serial publication and/ or the management of third party ads by any means or modality, iii) resell the Owner’s services to third parties.

Industrial and Intellectual Property Rights

All the contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark law. The Application may also contain images, documents, logos and third-party trademarks that have expressly authorized the Owner to publish in the Application. Without prejudice to strictly personal uses, you may not copy, alter, distribute, publish or use the Content without the specific permission of the Owner.

Exclusion of warranty

The Application is provided "as is" and "as is available" and the Owner does not provide any express or implied warranty in relation to the Application, nor provides any guarantee that the Application will meet the needs of Users or that it will never have interruptions or be free of errors or that it will be free of viruses or bugs. The Owner will endeavour to ensure that the Application is available 24 hours a day without interruption, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in case of system failure, maintenance, repairs or for reasons completely unrelated to the Owner’s will or for force majeure events.

Limitation of responsibility

The Owner shall not be responsible to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside its control or its suppliers. The Owner shall also not be responsible for damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him. The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment. The Owner will not be responsible for:
• any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that
are not a direct consequence of the violation of the contract by the Owner
• incorrect or unsuitable use of the Application by Users or third parties.
In no case the Owner can be held responsible for a sum greater than twice the cost paid by the User.

Force majeure

The Owner cannot be held responsible for the failure or delayed fulfilment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, unforeseen and unforeseeable events and, regardless of his will. The fulfillment of the obligations by the Owner will be suspended for the period in which force majeure events occur. The Owner will carry out any action in its power in order to identify solutions that allow the proper fulfilment of its obligations despite the persistence of force majeure events.

Links to third party web sites

The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/ applications. Some of these links may link to third party sites/applications that provide services through the Application. In these cases, the individual services will be subject to the general conditions for the use of the site/ application and for the use of the service provided by third parties, with respect to which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy that can be consulted on the page www.DevicExp.com/privacypolicy.

Applicable law and place of jurisdiction

The Conditions are subject to Italian law. For Professional Users, for any dispute relating to the Application, execution and interpretation of these Conditions, the court of the place where the Owner has its registered office is competent. For consumer Users any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the consumer User resides or has his domicile, if located in the territory of the Italian State, save the right for the consumer User to appeal to a court other than the "consumer forum" pursuant to art. 66 bis of the consumer Code, competent for the territory according to one of the criteria referred to in art. 18, 19 and 20 of the civil procedural code. This is without prejudice to the application to consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the time limit for the exercise of the right of refund, the deadline for the return of the Services, in case of exercise of this right, the modalities and formalities of the communication of the same and the legal guarantee of conformity.

Online Dispute Resolution for consumer Users

The European consumer User must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the consumer user to resolve non-judicial any dispute relating to and/or arising from contracts for the sale of goods and the supply of services stipulated in the network. As a result, the consumer User may use this platform for the resolution of any dispute arising from the online contract. The platform is available at: ec.euro pa.eu/consumers/odr/.

Last update: 21-May-2024