PepperScripts
General Terms and Conditions
1.0 Introduction
The following General Terms and Conditions of Sale (hereinafter referred to as “Sale GTCs”) set out the terms and conditions between you, the customer, and “PepperScripts di Andrea Vitale” (“us”, “we”), governing the use of our softwares and our downloadable digital recordings including the content therein (the “product(s)”). Your use of our softwares, purchase, download and use of our products, constitutes your full acceptance of these terms and conditions and the acknowledge that Sale GTCs are supported by mutual rights and responsabilities, in accordance with the law. If you do not agree with these terms and conditions, you should not use our softwares or purchase, download or use any of our products.
The version of the Sale GTCs valid at the time of the conclusion of the contract shall apply.
2.0 Scope of Application
The Sale GTCs shall apply exclusively. Deviating or additional terms and conditions of the customers, as well as the customer’s own terms and conditions, shall not become part of this contract, even we not expressly object to them.
3.0 License and Use
Your purchase of one of our products constitutes our granting to you of a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference. You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose.
All rights non expressly granted in this GTCs are reserved to us.
Our products increase the likelihood of successful purchasing limited products, but in no way our products guarantee the purchase, and we are not liable in any way for failure to purchase a product.
For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. Customer shall not modify, translate, adapt, alter or create derivative works or improvements of our products. Customer shall take all reasonable precautions to prevent unhautorized access to or use of our products. Customer shall be responsible for any unauthorized usage that occurs due to misuse of its license.
You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Licenses are provided by Hyper (https://hyper.co/) and in no way we are responsible for any delay or failure to issue.
Customers can cancel their subscription at any time but will not get a refund of the amount already paid.
By purchasing a Renewal license you will be granted a 1 month access to the software and you’ll be given the opportunity to purchase another 1 month for a renewal fee. If you miss the renewal and your license expires you lose your right of renewal. Your key will be deleted.
By using our software, we do not allow customers buying shoes or other products with the intention of making profits by selling products which are acquired through our software or services. The products acquired with our software and services are meant for personal use only.
We may suspend, terminate, or otherwise deny Customer access to or use of all or any part of our products or documentation, without incurring any resulting obligation or liability, if: 1) Customer has failed to comply with any term of these GTCs, including but not limited to Customer’s failure to pay any fees in a timely manner or Customer’s use of the products for a purpose not authorized under these GTCs; 2) Customer has been, or is likely be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the products; 3) Customer behaves incorrectly or disrespectfully towards staff or other community’s members.
4.0 Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Customer acknowledges that it does not have any ownership or other rights in or to the products or the documentation except as specifically described in this GTCs, and we shall exclusively own and retain all right, title and interest in and to all of its intellectual property of every kind, including in and to all inventions (whether patented or not), copyrights and works of authorship (whether subject to a copyright registration or not), know-how, software applications, routines, source and object code, algorithms, APIs, processes and workflows, and improvements, enhancements, derivations or modifications of any of the foregoing that were or are developed by us in connection with the products or the documentation. Nothing herein shall be interpreted as a license, transfer or grant by us to Customer of any interest in or to our intellectual property of any kind, including without limitation any subject matter that is patented or patentable, copyrighted (registered or unregistered), constitutes a trade secret or our know how, or any other legally protectible technology, item of information, product, interest or process capable of protection as intellectual property anywhere in the world.
5.0 Refunds and Chargebacks
Customer shall pay all fees.
The renewal fee can be changed at any time. License fees are clearly available at the time of products purchase. We reserve the right to unilaterally change fees at any time. In the event of a unilateral change of prices, the renewal licenses will be guarantees until their natural expiry and only for the period already paid; at the expiry, the new prices will be applied.
You are not allowed to cancel the contract or the purchase. The withdrawal period of fourteen days from the date of conclusion of the contract and the right of cancellation expires on expressly accepting the GTCs via the checkbox before buying license. Without checking the checkbox you are not able to proceed to pay. You agree that we begin with the execution of the contract before the end of the withdrawal period and you confirm your knowledge that you lose the right of withdrawal by your agreement with the start of execution of the contract.
6.0 Selling of Keys
Selling purchased keys is prohibited. You are not allowed to sell, gift or rent the product / key to someone else. Customer can not copy, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise exploit or make available the products to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other tchnology or service.
7.0 Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. We do not guarantee the update of our products.
You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions or due to violation of other legal obligations. You agree to indemnify us against our use of any Customer Data as permitted by this GTCs or any Customer Data infringes or misappropriates a third party’s Intellectual Property Rights. We are not responsible for the unlawful use of our products by customer, declining any related civil and criminal liability. Customer assumes all responsibility for the use he will make of the products and everything is purchased through them.
Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
8.0 General
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver.
You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein.
The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Italian law and both us and you irrevocably submit to the exclusive jurisdiction of the Italian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
Customer acknowledges that we are not responsible for the creation, content, or use of the customer data by customer or any third party. Customer represents that its owns or has acquired the necessary licenses to grant us to use Customer data. We are not required to keep any customer data for more than thirty (30) days after the products are terminated.
Customer acknowledges that given the nature of the products and the number of clients, we cannot evaluate compliance with the applicable law for each sort of processing requested and data protection laws. Customer expressly agrees that we will not be liable for compliance with applicable laws and customers agrees to undertake a legal analysis before the beginning of the provision of the products.
9.0 Final Provisions
Severability: If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provision shall come into force by common consent which comes as close as possible to the intended result of the agreement, should the matter have been considered in advance. Any changes of or amendments to this Agreement must be in writing to become effective.
Force Majeure: If performance by either party is prevented, restricted or delayed due to any cause arising from or attributable to acts, events, non-happenings, omissions, accidents or acts of God beyond the reasonable control of the party due to perform, the party so affected shall be excused from performance to the extent of such prevention, restriction or delay. No party shall have any liability to any other party for delay or non-delivery in the performance of its obligations under this Agreement, when attributable to acts of God, compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, fires, war, riots, labour disputes such as strikes or lockouts, sabotage, unusually severe weather or any other cause beyond the reasonable control of such Party.
We can monitor the products to detect any violation of these GTCs.
10.0 Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Platform of the EU Commission regarding online dispute resolution: https://ec.europa.eu/consumers/odr