General Terms and Conditions for Provision of the HakunaVPN v.1.0 Service

1. Documents comprising the Agreement
2. Parties and subject matter of the Contract
3. When the Contract is finalised
4. Registration and activation of the Service
5. Duration of the Contract and renewal
6. Fees, payment methods and terms
7. Delayed or non-payment
8. Arubacloud’s obligations and limitations of liability
9. Warranty
10. Service availability and limitations
11. Customer obligations and rights
11. bis Prohibited uses of the Website, Mobile App and Service
12. Benefits; Discount Vouchers and Promotions
13. Support and Maintenance
14. Suspension of the Service
15. Withdrawal and Refund
16. Express termination clause
17. Changes to the contract
18. Intellectual property and licences
19. Communications between the parties
20. Complaints
21. Processing of personal data
22. Applicable law and jurisdiction
23. Final provisions

1. Documents comprising the Contract

1.1 The Contract consists of the following documents:

• these General Terms and Conditions for the provision of the “HakunaVPN” service;

• the purchase order confirmation.

1.2 The General Terms and Conditions for the provision of the “HakunaVPN” service are written in Italian. If a translation is provided in a different language, the Italian version shall prevail in the event of any discrepancy.

2. Parties and subject matter of the Contract

2.1 The customer is the natural or legal person identified in the Order Form (the “Customer”). The Order Form is the electronic form available on the website and in the mobile app dedicated to the HakunaVPN service (“Website” and “Mobile app”), through which the Customer requests activation of the service.

2.2 The service provider is ARUBACLOUD LIMITED LTD, with registered office at Court Place, Carlow, DUBLIN, Ireland R93 D862, registration number 801555 of the Companies Registration Office of Ireland.

2.3 The service covered by the Contract consists of Arubacloud’s sale and provision to the Customer of a Virtual Private Network (VPN) service, to be used on a device compatible with the said service, and related support service (the “Service”) for a fee. The technical characteristics and economic conditions of the Service are indicated on the Website and in the Mobile app. The Customer may manage the Service through their account on the Website and in the Mobile app.

2.4 The Contract constitutes a legally binding agreement between the Customer and Arubacloud.

3. When the Contract is finalised

3.1 The Contract is finalised when Arubacloud receives:

– the order completed and accepted by the Customer in its entirety;

– payment of the fee.

4. Registration and activation of the Service

4.1 The Customer must register or authenticate on the Website and Mobile app in order to purchase the Service.

4.2 Arubacloud provides the Service if:

− it has received payment from the Customer, and if

− the Customer has completed all activities related to the installation and activation of the Service.

4.3 Any delays due to the Customer’s inaction shall not be attributable to Arubacloud. In any case, the Customer shall be informed of any delays in the provision of the Service.

4.4 Once the order has been completed, the Customer will receive an email confirming its completion.

4.5 The period of validity of the commercial plan purchased by the Customer shall commence on the date of activation of the Service.

4.6 The Service is provided until the expiry date of the commercial plan. Specific limitations may apply to the Service purchased with an agreement code, i.e. the code provided to the Customer by a third party that has entered into a separate agreement with Arubacloud.

4.7 The Service can also be purchased through one of Arubacloud’s partners. If the Customer purchases the Service from a partner, they enter into a contract with that partner and Arubacloud is not a party to the agreement between the Customer and the partner.

5. Contract duration and renewal

5.1 The Contract is a fixed-term subscription to the commercial plan purchased, with automatic renewal. At the end of the subscription period for the commercial plan purchased, the Contract and the provision of the Service will be automatically renewed for an equivalent period, unless the Customer cancels it before the date set for automatic renewal. The options for cancelling automatic renewal may vary depending on the channel through which the Service was purchased, and the cancellation conditions established by the relevant retailer shall apply. The Customer may cancel the contract in the following ways:

– if you purchased the Service via the Website directly from Arubacloud, through your account on the Website at any time prior to the date scheduled for automatic renewal;

– if you purchased the Service via a Mobile App on a third-party app store or through other retailers, in accordance with the methods and timing set out in the relevant terms of sale and subscription for the channel used for the purchase.

5.2 If the Customer does not cancel the Contract within the specified period, Arubacloud will charge the renewal costs applicable at that time to the payment method set by the Customer for the purchase. The renewal prices published at the time of the initial subscription may be subject to change. If they change, Arubacloud will charge the price in effect at the time of automatic subscription renewal.

5.3 The Customer acknowledges and accepts that, in the event of cancellation of automatic renewal, the Contract and the Service relating to the current subscription will remain active until the original expiry date and the amount of the current subscription will not be refunded.

6. Fees, payment methods and terms

6.1 The Customer shall pay the fee due for the Service in the manner and within the terms indicated on the Website and in the Mobile App. Payment of the fee shall be made in advance of activation of the Service.

6.2 The Service is sold with commercial plans described on the Website and in the Mobile app.

6.3 If the Service is purchased through the Website, payment will be handled directly through the electronic payment systems made available. The Customer acknowledges and accepts that fees specifically related to the chosen payment transaction may be added to the price of the Service, based on the policies of the financial intermediary handling the transaction.

6.4 If the Service is purchased through a mobile application distributed by a third-party digital store (e.g., Apple App Store or Google Play Store), the payment transaction, billing and charging will be handled entirely by the operator of that store, in accordance with the terms and conditions of service set by the latter and accepted by the Customer. The Customer acknowledges and accepts that the final price charged by the digital store operator may include commissions or other charges applied by the latter, over which Arubacloud has no control. The total amount of the charge, including any commissions applied by the store, will be clearly indicated by the store operator before the Customer’s final confirmation of purchase.

6.5 The Customer undertakes to provide a valid payment method, such as a credit or debit card, or another supported method. By providing a payment method, the Customer (i) declares that they are authorised to use it and that all payment details provided are true and correct; (ii) authorises Arubacloud to use it for payments; and (iii) authorises Arubacloud, possibly in multiple attempts, to charge the costs of the Service chosen at the time of purchase.

6.6 The Customer undertakes to notify Arubacloud as soon as possible of any changes to their payment method details. Failure to do so may result in Arubacloud discontinuing the Service upon renewal of the subscription.

7. Delayed or non-payment

7.1 The Customer may not raise any objections of any kind until they have paid the amount specified in the Contract and provided Arubacloud with proof of payment.

7.2 If, for any reason, the Customer has not made the payment, has cancelled it or the payment has not been successful, Arubacloud may suspend activation of the Service, its renewal or its provision, if already activated, with immediate effect. During suspension of the Service and until payment has been regularised, the Customer will not be able to access the Service or its contents.

8. Arubacloud’s obligations and limitations of liability

8.1 Arubacloud provides the Service with the characteristics and methods defined in the Contract. It is the Customer’s sole responsibility to assess the suitability of the Service for their purposes or needs. In particular, it is the Customer’s sole responsibility to verify that the device on which they will install and activate the Service is compatible with the said Service.

8.2 To the extent permitted by law and except in cases of wilful misconduct or gross negligence and any other liability that cannot be excluded or limited under applicable law, Arubacloud accepts no liability (whether arising from contract, negligence or otherwise) for any loss or damage that the Customer may incur in connection with use or non-use of the Service. Notwithstanding the foregoing and to the extent permitted by law, in the event that Arubacloud is held liable for a breach of its obligations under the Contract, whether through negligence or otherwise, the maximum amount that Arubacloud may be required to pay the Customer as compensation shall in no event exceed the amount paid or payable by the Customer for the Service purchased in the 6 months prior to the breach.

8.3 Arubacloud has no control over the use of the Service and the content entered or transmitted by the Customer in or through the Service. Arubacloud therefore has no responsibility in relation to such content. By way of example, Arubacloud is not responsible for any unlawful use of the Service by the Customer. With regard to the foregoing, Arubacloud reserves the right to take action to protect its interests.

8.4 Arubacloud shall not be liable for any harmful consequences due to delays, malfunctions, suspensions or interruptions in the provision of the Service caused by:

a) unforeseeable circumstances and force majeure (e.g. earthquakes, floods, landslides, mudslides and, more generally, adverse natural events, building collapses, fires, epidemics, local or national mobility restrictions, acts of violence and terrorism, strikes, shortage of components necessary for providing the Service, malfunction or significant degradation of telecommunications services, including but not limited to Internet, data network or telephone services, etc.);

b) malfunction or non-compliance or incompatibility of the equipment used by the Customer for using the Service;
c) tampering with or intervention on the Service or devices by the Customer or third parties not authorised by Arubacloud;
d) events that are unforeseeable or unavoidable by Arubacloud with ordinary diligence, including those relating to events involving operators who own the network infrastructure.

8.5 Arubacloud is not liable if the Customer uses the Service in critical situations involving, for example, specific risks to human safety, environmental damage, specific risks relating to mass transport services, the management of medical devices and nuclear and chemical plants.

8.6 In the event of a breach, including a potential or suspected breach, of the contractual obligations by the Customer, or if it is found that there has been abnormal, unlawful or non-compliant use of the Service, Arubacloud reserves the right to take the measures it deems most appropriate, including, by way of example:

(a) requesting clarification, information and/or documentation deemed necessary from the Customer (for example, for the purposes of preventing or managing fraud, chargebacks, payment disputes or other operational risks);

(b) limiting, suspending or terminating, in whole or in part, the provision of the Service and/or access to the Customer’s account;

(c) terminating the Contract, which may also be with immediate effect and without prior notice to comply. The Customer acknowledges and accepts that Arubacloud is obliged to comply with orders, measures or requests from the competent authorities, as well as to fulfil the obligations provided for under applicable legislation. It is understood that the adoption of such measures does not prejudice Arubacloud’s right to enforce further remedies provided for in the Contract or by law, nor does it entail any liability towards the Customer on Arubacloud’s part, within the limits permitted by current legislation.

8.7 If the Customer is a Public Administration, Arubacloud assumes all obligations of traceability of financial flows established by law.

9. Warranty

9.1 Except for the warranties and conditions required by applicable laws (e.g. in terms of consumer rights), Arubacloud makes no warranty and makes no representation regarding the Service, or any part thereof, and all warranties and conditions, whether express or implied by law or otherwise, are excluded to the extent permitted by law.

9.2 Arubacloud reserves the right, at its sole discretion, to discontinue the sale of the Service or support for the Service at any time and with reasonable notice to the Customer.

10. Service Availability and Limitations

10.1 Arubacloud will make every reasonable effort to enable the Customer to use the Service at all times, within the limits of the capabilities of Arubacloud and its suppliers. The Customer acknowledges and accepts that certain factors on which the proper functioning of the Service depends, such as, the functioning of the network and the availability of the connection, are beyond Arubacloud’s control and that intervention or resolution of critical issues relating to these factors cannot always be guaranteed.

10.2 Arubacloud also offers the Service through external suppliers. The Service also relies on infrastructure external to Arubacloud, such as network and connectivity infrastructure.

10.3 The coverage and speed of the data purchased by the Customer as part of the Service may be subject to rules on the proper use of the service established by the network operator. In order to ensure a high level of service for all users, the operator reserves the right to apply limits or restrictions on the use of data or its speed if the Customer’s use is considered excessive or if it has a negative effect on network performance for other users.

10.4 The Service is provided “as is” and “as available”. Arubacloud does not in any way guarantee the power, coverage, availability, connection, minimum speed, continuity and quality of the Service and the network, nor any other performance characteristics of the Service. By way of example and without limitation, no guarantee is provided in the following cases:

a) improvement, maintenance or other work on the network by third parties;

b) if the Customer is located in areas not covered by the network on which the Service is based;

c) the presence of factors beyond Arubacloud’s control that cause disruption, including those arising from the functions or operation of the Customer’s device, malfunctions of the network operator’s service, legal requirements, communication network problems, weather, radio interference or other physical obstacles.

10.5 Arubacloud adopts appropriate technical measures in relation to the Service. The Customer acknowledges and accepts that Arubacloud cannot guarantee protection from all cyber threats.

10.6 The Customer acknowledges and accepts that some third-party services may not function properly when the Service is active.

10.7 Arubacloud reserves the right to limit or modify the content and availability of commercial plans relating to the Service at any time.

10.8 Arubacloud reserves the right to delete the Customer’s account, or to limit their access to the Service, for just cause and even without prior notice, such as breach of the Contract, conduct that is unlawful or prejudicial to the Service or other customers, or compliance with the law or orders from authorities. In such cases, Arubacloud will inform the Customer, where possible, stating the reasons for the decision.

11. Customer obligations and rights

11.1 The Contract is in addition to the consumer’s legal rights under applicable law.
11.2 The Customer acknowledges and agrees that they are solely responsible for verifying the compatibility of their device with the Service. Information on devices compatible with the Service can be found on the Website and in the Mobile app.

11.3 The Customer undertakes to provide Arubacloud, in particular during the purchasing process and when completing a given Order Form, with information and personal data (including, but not limited to, first name, surname, email address and telephone number) that are complete, correct and truthful, and to keep them up to date by promptly communicating any changes. The Customer acknowledges and accepts that they are solely responsible for the final verification and accuracy of all data entered before confirming the order. By submitting the order, the Customer confirms the accuracy and truthfulness of the data transmitted. The Customer is aware and accepts that the correct and timely execution of Arubacloud’s contractual obligations depends essentially on the accuracy and truthfulness of the data provided. Arubacloud has no obligation to check the validity of the data provided by the Customer and assumes no responsibility for any inaccuracy or lack of data provided by the Customer.

11.4 If necessary, Arubacloud may request additional documents or information, which the Customer undertakes to provide.

11.5 If performance of the Contract becomes impossible, is delayed or is significantly more costly due to the provision of incorrect, incomplete or untrue data by the Customer (e.g. failure to activate the Service), such failure shall not be attributable to Arubacloud. Consequently:

a) the Customer shall not be entitled to any refund of the fee already paid for the service that could not be provided for reasons directly and solely attributable to the Customer’s error, without prejudice to the consumer’s right of withdrawal to be exercised within 14 (fourteen) days of purchase;

b) any additional costs incurred by Arubacloud due to the Customer’s error shall be borne exclusively by the Customer. Arubacloud reserves the right to request payment of such costs before making a new attempt to perform the service.

11.6 If the Customer provides partial or false information, such as to conceal their true identity, or claims to be another person or otherwise acts in such a way as to compromise their correct identification, they shall be held liable for any damages suffered by Arubacloud as a result of their conduct. In such cases, the Customer undertakes to indemnify Arubacloud against any claim, action or request for compensation that anyone may make against Arubacloud.

11.7 The Customer is required to promptly correct any incorrect data that Arubacloud may detect when issuing the electronic invoice, following the instructions provided by Arubacloud.

The Customer is liable for any damage or penalties incurred by Arubacloud or the Customer itself as a result of incorrect or outdated data provided to Arubacloud.

11.8 The Customer must provide their own hardware and software resources necessary for using the Service and is solely responsible for their compatibility, correct configuration, use and management with respect to the Service.

11.9 The Customer undertakes to:

a) pay Arubacloud all applicable costs in accordance with the commercial plan of the Service purchased, as well as all other costs, including applicable taxes and fees, associated with the purchase of the Service. If the Customer damages or loses their device before paying for the Service, they will still be required to pay the full cost of the Service;

b) use the Service in accordance with the Contract and with the specifications and limitations set out in the commercial plan purchased (e.g. maximum number of devices and simultaneous connections);

c) not share credentials or circumvent technical/contractual limits (e.g. exceeding permitted devices and/or traffic limits, unauthorised multi-logins);

d) use the Service in such a way as to degrade the Service for other users (e.g. automated/abusive use, abnormal consumption of resources)

e) use the Service in accordance with the applicable laws and regulations of the country in which the Customer is located or habitually resides or is based;

f) not use the Service to undertake, enable or facilitate fraudulent, criminal or illegal actions or actions that may compromise or damage the network or the rights of third parties;

g) not use the Service to download, send or upload content of excessive size, quantity or frequency; and

h) not use the Service in ways that may infringe the rights of third parties, including intellectual or industrial property rights.

i) not make any changes to the Service and related software.

11.10 The Customer declares that they have the technical knowledge necessary for using and managing the Service and declares that they are solely responsible for any type of data, information or content entered into the network or otherwise processed through the Service.

11.11 The Customer uses the Service under their own responsibility and declares that they are the sole and exclusive administrator of the Service, assuming all responsibility for the activities carried out through the Service and for any violations of the law. The Customer acknowledges and accepts that Arubacloud is not involved in any of the Customer’s activities. The Customer is solely responsible for managing data, information and content processed through the Service, for their security, storage and any other activity necessary for ensuring their integrity. For this reason, the Customer undertakes to adopt appropriate security measures in accordance with best industry practices.

11.12 The Customer undertakes to protect the credentials for accessing the Service and any codes, adopting appropriate security measures in accordance with best industry practices. Any operation performed through the Service is presumed to have been performed by the Customer, with all the legal consequences that this entails. For this reason, the Customer must exercise the utmost diligence in generating, storing, managing and using the credentials for accessing the Service and any additional codes that have been communicated to them or that they have set up in order to use the Service. The Customer must not allow their use by third parties who are not expressly authorised. If the Customer allows their use by third. parties, they assume all responsibility. In any case, the Customer is responsible for the loss of the Service credentials and codes or their use by unauthorised third parties.

11.13 The Customer undertakes to comply with all applicable laws and regulations on the prevention of corruption. The Customer also undertakes not to engage, either directly or through third parties, in any conduct that may constitute acts of corruption or attempts at corruption. In the event of a breach of this undertaking, Arubacloud shall have the right to terminate the contract with immediate effect, without prejudice to any further rights to compensation for damages.

11.14 All operations performed (e.g., assignments, activations, deactivations) and the history of operations are certified exclusively by Arubacloud logs, which are stored in accordance with the law.

11.15 The Customer undertakes not to resell the Service to third parties and not to use the Service to provide third parties with a “VPN-as-a-service”, public proxy or similar service. Should the Customer violate these prohibitions, Arubacloud will immediately intervene to suspend the Service and take all necessary measures to stop the violation, including immediate termination of the contract without prior notice.

11.16 Arubacloud reserves the right to seek remedies, damages and the reimbursement of expenses incurred to the fullest extent permitted by law in the event of a breach of the Contract by the Customer.

11bis. Prohibited uses of the Website, Mobile App and Service

11bis.1 The Customer undertakes to comply with the following provisions relating to the use of the Website, Mobile App and Service. Arubacloud reserves the right to take any measures necessary to protect itself and the Service in the event of a breach by the Customer of any of the prohibited uses or for any other serious reason at Arubacloud’s sole discretion, including measures to restrict, suspend and interrupt the Website and/or Mobile App and/or the Service to the Customer and immediate termination of the Contract without notice.
11bis.2 The Customer expressly undertakes not to use the Service to carry out, allow others to carry out or otherwise encourage illegal, harmful or abusive activities, undertaking, by way of example and without limitation, not to:

use the Website and/or Mobile App and/or the Service for any illegal, abusive or otherwise harmful use of thirdparty rights, such as the transmission of illegal material that would constitute an offence under local, state, national or international laws or regulations or orders of authorities, or any other violation of thirdparty rights;
use the Website and/or Mobile App and/or Service for the purpose of transmitting spam and conducting or facilitating other deceptive conduct; not to scan ports, open proxies or open relays; and not to send unsolicited emails in large quantities for optin or advertising/marketing purposes, even if the email is sent/received by another server;
launch or facilitate DDoS, unauthorised stress testing of third parties, probing or exploits;
engage in botnet activity, credential stuffing, brute force, unauthorised access to systems or accounts;
intercept or attempt to intercept thirdparty traffic/data;
use the Website and/or Mobile App and/or Service to publish popup advertisements;
use the Website and/or Mobile app and/or the Service to attack in any way, shape or form any other computer or network or otherwise compromise the integrity or security of networks, systems or services (including those of Arubacloud and its partners);
use the Website and/or Mobile app and/or the Service to transmit content that is illegal, harmful, threatening, fraudulent, offensive, harassing, torturous or that may be considered objectionable in a court of law or before other authorities;
use the Website and/or Mobile app and/or the Service to damage, threaten, “stalk” or otherwise harass another person/company/entity;
use the Website and/or Mobile app and/or the Service to manipulate headers or falsify identifiers in order to conceal the origin of any content transmitted through our Website and/or Mobile app and/or the Service;
use the Website and/or Mobile App and/or the Service to engage in any form of unsolicited or unauthorised advertising/marketing/promotional activity;
use the Website and/or Mobile App and/or Service to transmit or participate in the transmission of software viruses, malware, spyware, ransomware or otherwise harmful software designed to damage other software/hardware/telecommunications equipment;
use the Website and/or Mobile app and/or Service to disregard any policy/procedure/regulation of the networks associated with the Website and/or Mobile app and/or Service or with Arubacloud suppliers;
use the Website and/or Mobile app and/or the Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability or other criteria; or to send false or misleading information;
use the Website and/or Mobile App and/or Service to violate, knowingly or unknowingly, any local, international, governmental, federal, provincial or state regulations, rules, laws or ordinances or those of any other authority;
use the Website and/or Mobile app and/or the Service to promote illegal activities or provide means or assist others in committing illegal activities, including by providing information and instructions;
use the Website and/or Mobile app and/or the Service to violate or infringe the industrial or intellectual property rights of Arubacloud or third parties;
use the Website and/or Mobile app and/or Service to promote or incite harm or injury against any group or individual, or promote any act of cruelty to animals;
use the Website and/or Mobile app and/or the Service to conceal the true email address of the recipient in order to violate the legal terms of another service;
use the Website and/or Mobile app and/or the Service to solicit others to perform or participate in illegal acts;
use the Website and/or Mobile app and/or Service to abuse them through scripts and software to consume more resources than other users in a short period of time;
use the Website and/or Mobile App and/or Service to report a message normally forwarded through the Website and/or Mobile App and/or Service as spam to an organisation in such a way as to implicate the Service as the source of the spam;
use the Website and/or Mobile app and/or the Service to create excessive automated or manual connections to obtain different IPs or for any other reason. Excessive connections are considered abuse as they slow down and block the network, the price of which is paid by other customers, and are therefore not permitted. The maximum number of sessions allowed is 300 per day and exceeding this limit may result in permanent suspension or closure of the account and termination of the contract, unless expressly authorised by Arubacloud;
use the Website and/or Mobile app and/or Service for email forwarding, where this involves communication with mail servers that have placed the Service’s servers on a “greylist”;
use the Website and/or Mobile app and/or Service to access/share/upload/download illegal content, including, but not limited to, child pornography or content perceived as child pornography. The account of any Customer involved in this or any similar activity will be suspended immediately without notice;
use the Website and/or Mobile app and/or the Service to mask IP addresses in order to generate search engine queries, create links on forums, perform manual or automatic crawling of websites, and any other activity that falls within the scope of search engine optimisation, forum commenting, or data mining;
use the Website and/or Mobile app and/or Service to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Website and/or Mobile app and/or Service;
use the Website and/or Mobile App and/or Service to collect or track the personal information of others;
use the Website and/or Mobile App and/or Service to send spam, phishing, damage, use pretexting, spidering, crawling or scraping techniques;
use the Website and/or Mobile App and/or Service for any obscene, illegal or immoral purpose; and/or
use the Website and/or Mobile App and/or Service to interfere with or circumvent the security features of the Website and/or Mobile App and/or Service;
use the Website and/or Mobile App and/or Service in violation of applicable sanctions, embargoes or regulatory restrictions.

12. Benefits; Discount Vouchers and Promotions

12.1 The Customer undertakes to use commercial promotions, agreements, credits, discounts, vouchers, rewards from referral programmes and any other promotions or benefits (the “Benefits”) offered as part of the Service in accordance with the principles of good faith and fairness, in compliance with the purposes for which such Benefits are granted. The purpose of the Benefits is to encourage the legitimate use and dissemination of the Service, rewarding the loyalty and genuine participation of the customer community. The Customer is expressly prohibited from using the Benefits in any way that could undermine the fairness, integrity or legitimate operation of the Service or constitute abuse. Such conduct is considered a material breach of the Agreement. By way of example only, the following constitute unlawful and fraudulent use of the Benefits: registering fake profiles, the use of fictitious identities to take advantage of the Benefits, or the manipulation of referral programmes, for example through self-referral (registration of accounts controlled by the same Customer) or the use of automated systems (bots) to generate fictitious registrations. Violation of these commitments constitutes a serious breach of contract and, in the event of a proven violation, Arubacloud will take all measures to protect itself, including, but not limited to, the cancellation, reversal or adjustment of all Benefits obtained, accumulated or used unlawfully, the suspension or cancellation of the Customer’s account or the termination of the contract, without the Customer being entitled to any compensation or refund.

12.2 Customers who are eligible for commercial promotions, discount vouchers and special offers may benefit from them in accordance with the terms and conditions set out and specified in the promotional materials describing the initiatives promoted by Arubacloud.

12.3 The Customer acknowledges and accepts that, unless otherwise specified by Arubacloud in the relevant information materials, the discount:

a) can only be used once during the relevant period of validity and cannot be combined with other current promotions, unless otherwise specified by Aruba;

b) is not transferable to third parties;

c) cannot be used again in the event of cancellation, annulment or failure to fulfil the order for any reason and/or cause;

d) will not be refunded to the Customer for its value in the event of termination of the Contract for any reason and/or cause;

e) whatever its type, is non-refundable and not convertible into cash;

f) is not retroactive and therefore cannot be used for orders that have already been placed;

g) cannot be used for orders relating to the renewal of the Service.

12.4 Arubacloud reserves the right, at its sole discretion, to modify, suspend or revoke the possibility of using a discount voucher at any time, without prior notice and/or communication.

12.5 The Customer acknowledges and accepts that the Service available for purchase as part of the promotion is subject to restrictions published on the Website and in the Mobile app, including restrictions on the maximum quantity that can be purchased as part of the promotion. If this limit is exceeded, the current list prices will apply. In this case, Arubacloud reserves the right to suspend or revoke the Service and/or the Customer’s account at any time, without prior notice and/or communication, requesting payment and/or any additional amounts due for the Service purchased in excess of the limit set by the promotions.

13. Support and maintenance

13.1 Arubacloud offers the Customer a support and assistance service via the Website and the Mobile app, where the Customer can take advantage of, for example, Service guides, chatbot support and dedicated assistance.

13.2 The Customer authorises Arubacloud and any companies appointed by Arubacloud to carry out the requested or necessary technical intervention, undertaking to provide them with all the information requested.

13.3 Arubacloud shall make every reasonable effort to address the issues reported by the Customer as soon as possible. Response times may vary depending on the following factors:

the type of intervention required;

the order in which the intervention request was received;

the priority of the intervention request.

13.4 The Customer is aware that:

a) Arubacloud provides the support service on a best effort basis and, in performing the support intervention, assumes an obligation of means and not of results. That is, it will perform the intervention with the diligence required by the type of activity to be performed but cannot guarantee resolution of the problem.

b) The effectiveness of the support and assistance service may depend on external factors beyond Arubacloud’s control (such as, the internet network, third-party infrastructure or the Customer’s systems). Arubacloud shall not be liable for any disruptions, delays or malfunctions resulting from such circumstances and shall not be held liable for any damages related to provision of the support and assistance service, in accordance with the limitations of liability described in the Contract.

c) Arubacloud does not acquire or store information or content entered by the Customer or processed by them through the Service, nor does it intervene in any way thereon, except as strictly necessary for performing the assistance intervention.

13.5 The Customer releases Arubacloud, the external companies responsible for the intervention and their personnel from any liability for any damage of any kind caused by the assistance intervention, including loss of data or interruption of the Service.

13.6 Arubacloud and its suppliers may carry out maintenance or automatic updates that they deem necessary or appropriate to ensure the proper functioning of the Service.

13.7 Arubacloud may interrupt provision of the Service in order to carry out maintenance work. Except in the case of emergency maintenance or force majeure, Arubacloud will notify the Customer prior to the interruption, also stating the estimated restoration times where possible.

13.8 The Customer releases Arubacloud from any liability for damages, including loss of data, interruption of the Service or unavailability or connection of the Service, which the Customer or third parties may experience as a result of these operations.

14. Suspension of the Service

14.1 Arubacloud may suspend the Service and the Customer’s account at its discretion and without prior notice if:

a) the Customer is in breach of the contractual provisions, in particular those relating to use of the Service;

b) payment for the purchase or renewal of the Service has not been successful;

c) network problems are encountered;

d) the Customer fails to comply, in whole or in part, with Arubacloud’s requests or, in any case, their behaviour is such as to suggest that they are not complying with the Contract;

e) there are reasonable grounds for believing that the Service is being used by unauthorised third parties;

f) cases of force majeure or circumstances arise which, at Arubacloud’s sole discretion, require emergency measures to be taken or measures aimed at resolving security issues or dangers to the entire network, persons or property. In such cases, the Service will be restored when, at its discretion, Arubacloud considers that the causes that led to its suspension have been removed or eliminated;

g) the Customer is involved, in any capacity, in any judicial or extrajudicial dispute of any nature concerning acts and conduct carried out through the Service or related to it;

h) it is required by the judicial authorities;

i) there are justified reasons of security or confidentiality;

j) the Customer uses defective, non-approved equipment or software that malfunctions in a way that could damage the integrity of the network, disrupt the Service, or create risks to the physical safety of persons and property.

14.2 In any case of suspension of the Service attributable to the Customer, Arubacloud shall in any case be entitled to seek compensation for damages, reimbursement of expenses and any other remedy.

14.3 During suspension of the Service, for whatever reason, the Customer will not be able to access the Service and any data, information or content that they have entered into the Service or processed through the Service.

15. Withdrawal and refund

15.1 Customers who qualify as “consumers” under applicable law may exercise their right of withdrawal within 14 days of the date on which the Contract was concluded, at no cost and without having to provide any reasons. This right of withdrawal applies to both the purchase of the first subscription and subsequent renewals. To declare their intention to withdraw, the Customer must send a request for assistance via chat on the Website or in the Mobile app.

15.2 In the event of withdrawal, the Customer shall be entitled to a refund of the amount paid for the Service, without undue delay and in any case within 14 days from the day on which the Customer declared their intention to withdraw from the Contract, if the following cumulative conditions are met:

a) the Customer has purchased the Service through the Website directly from Arubacloud;

b) the Customer exercised the right of withdrawal within 14 days from the date on which the Contract was concluded;

c) the Customer has not used the Service after the first purchase or after renewal. Even minimal use of the Service means that the Customer is not entitled to a refund.

Arubacloud will refund the Customer the full amount paid for the Service only if all the above conditions are met. If even one of the conditions is not met, Arubacloud will assess at its discretion whether or not to accept the Customer’s refund request. Arubacloud will refund the amount using the same payment method used by the Customer or in a different manner agreed with the Customer.

15.3 The Service purchased via a mobile app on third-party app stores or through other retailers is subject to the latter’s withdrawal and refund policies. Therefore, in such cases, Arubacloud does not issue refunds.

15.4 In addition to and without prejudice to the right of withdrawal referred to in Article 15.1, as part of a commercial promotion relating to the Service, Arubacloud may grant the Customer the right to withdraw from the Contract within 30 days of purchase by sending a request for assistance via chat on the Website or in the Mobile app (“Satisfaction or Money Back Promotion”). The Customer expressly acknowledges and accepts that this additional right of withdrawal is a commercial concession, subject to the following mandatory conditions:

a) it applies exclusively to the initial purchase Contract for the Service concluded directly with Arubacloud via the Website;

b) the Customer may only take advantage of it once and for a single activation of the Service;

c) it does not apply to renewals of the Service or to subsequent purchases by the same Customer. Customers who have exercised their right of withdrawal under the Satisfaction or Money Back Promotion may not exercise this right again when signing a new contract for the Service or in any case for a new activation of the Service relating to the same Customer: in this case, they may still exercise the right of withdrawal referred to in Article 15.1, where applicable. With regard to Service renewals, the Customer may exercise the right of withdrawal only under the conditions set out in Article 15.1, where applicable.

15.5 In the event of withdrawal under the Satisfaction or Money Back Guarantee Promotion, the Customer shall be entitled to a refund of the amount paid for the Service if all of the following conditions are met:

d) the Customer has purchased the Service through the Website directly from Arubacloud;

e) the Customer has taken advantage of the Satisfaction or Money Back Promotion within 30 days of the date on which the Contract was concluded.

15.6 The Customer acknowledges that the Satisfaction or Money Back Promotion is offered by Arubacloud as a means of allowing an evaluation of the Service purchased for the first time. Therefore, the Customer undertakes to exercise the right of withdrawal under the Satisfaction or Money Back Guarantee Promotion in full compliance with the principles of fairness and good faith. Any behaviour by the Customer aimed at circumventing the purposes and limitations of the promotion constitutes an abuse of the right of withdrawal in question and, consequently, a serious breach of contract. By way of example and without limitation, the following are considered abuses:

a) the creation of multiple accounts, directly or through an intermediary, in order to repeatedly benefit from the extended withdrawal period;

b) the systematic and intensive use of the Service with the clear and sole purpose of taking full advantage of its features and then exercising the right of withdrawal near the end of the promotional period;

c) any other fraudulent or unfair conduct aimed at circumventing the terms and conditions of the Satisfaction or Money Back Promotion.

15.7 If, at its sole discretion and on the basis of objective evidence, Arubacloud ascertains that the Customer’s behaviour constitutes abuse of the Satisfaction or Money Back Promotion, it reserves the right to take measures to protect itself, including, but not limited to:

a) immediate suspension of provision of the Service;

b) disabling the Customer’s user access;

c) suspension or cancellation of the Customer’s account;

d) termination of the Contract for serious breach by the Customer.

In this case, Arubacloud will retain any sums already paid by the Customer as a penalty, without prejudice to the right to compensation for any further damage suffered. It is understood that these consequences apply exclusively in the event of abuse of the right of withdrawal under the Satisfaction or Money Back Promotion and do not in any way prejudice the legitimate and correct exercise of the legal right of withdrawal, the exercise of which will never result in the charging of any expenses or penalties.

15.8 The right of withdrawal and refund under the Satisfaction or Money Back Promotion is a promotional offer by Arubacloud and is subject to more favourable conditions than those provided for by current legislation. For this reason, Arubacloud reserves the right to modify, suspend or revoke the promotion in question, its conditions and the rights granted to the Customer in the future. Such a decision may be taken for justified reasons, including, but not limited to, changes in commercial strategies, excessive costs, changes in the regulatory framework or corporate reorganisation. Any modification, suspension or revocation of the promotion in question, its conditions and the rights granted to the Customer will be brought to the Customer’s attention with a minimum of 30 days’ notice by publication on the Website and Mobile App and/or by email to the address provided by the Customer and will not affect contracts already concluded on the effective date of the modification. For all contracts entered into before that date, the Customer shall retain the right of withdrawal and refund as provided for in the Satisfaction or Money Back Promotion at the time of signing their Contract.

15.9 Arubacloud may withdraw from the Contract at any time and without obligation to provide reasons, by giving the Customer at least 30 days’ written notice. Arubacloud may terminate the Contract with immediate effect in the event of force majeure or if the Customer is listed in the register of protests, is declared insolvent, or is admitted to or subject to insolvency proceedings. Once termination has taken effect, Arubacloud will deactivate the Service and issue any refund in proportion to the period of subscription to the Service used by the Customer.

16. Express termination clause

16.1 The Contract shall be considered terminated with immediate effect, without the sending of a formal notice to comply, if the Customer:

a) violates the obligations set forth in Articles 11 (Customer Obligations and Rights), 11bis (Prohibited Uses of the Website, Mobile App and Service) and 18 (Copyright and Licences);

b) performs an unlawful activity using the Services;

c) transfers the contract, even partially, to third parties without Arubacloud’s prior written consent.

16.2 If the Customer fails to fulfil any of the obligations imposed on them by the Contract, Arubacloud reserves the right to send the Customer a formal notice to comply within 15 days from the date on which the Customer receives the communication. Once this deadline has passed without result, the Contract shall be deemed terminated without further notice.

16.3 Starting from the day on which the Contract is terminated, the Service will be deactivated without prior notice. Arubacloud will retain the sums paid by the Customer as a penalty and may charge the Customer for any additional costs that Arubacloud has had to bear. In any case, Arubacloud retains the right to compensation for any damages suffered.

17. Amendments to the contract

17.1 The Service covered by the Contract is based on constantly evolving technology. For this reason, Arubacloud may modify the technical characteristics, contractual and economic conditions, and prices of the Service over time.

Changes may also be necessary to adapt the Service and the Contract to circumstances beyond Arubacloud’s control, such as changes in the costs of services provided by Arubacloud’s suppliers or otherwise functional to the provision of the Service, increases in electricity costs, regulatory changes, measures or provisions of the sector authorities.

17.2 In the event that Arubacloud changes the technical characteristics of the Service or the economic or contractual conditions for the worse, these changes will be communicated to the Customer by email or by publication on the Website and Mobile app. The changes will take effect 30 days after the date of their communication to the Customer.

If the Customer does not wish to accept the changes, including the financial terms, they may withdraw from the Contract within 20 days of the date of notification by sending a request for assistance via chat on the Website or Mobile app.

If the Customer does not exercise their right of withdrawal, the changes will be deemed accepted.

18. Intellectual property and licences

18.1 The Customer must use the Service and related software in compliance with the industrial and intellectual property rights of Arubacloud and its suppliers.

18.2 The Service and the software used for providing the Service are the exclusive property of Arubacloud or its respective suppliers. Therefore, the Customer does not acquire any rights or title in this regard, and this Contract does not in any way constitute a transfer or assignment of any rights to the Service and related software. The Customer may use the software only during the contractual relationship with Arubacloud and only for the purpose of using the Service. This Contract does not in any way constitute a licence or sub-licence of any other rights to the Service and related software. The Customer may access and use the Service and related software only for their own purposes. Commercial resale of the Service is prohibited.

18.3 In the case of licences provided by third-party suppliers through Arubacloud, the Customer is aware that Arubacloud is not involved in the relationship between the Customer and the third-party supplier and undertakes to accept and comply with the terms of these licences.

18.4 The Customer acknowledges that all rights relating to the trademark, trade name, logos and any other distinctive signs of Arubacloud are the exclusive property of the latter or its assigns. The Customer undertakes not to use, reproduce or disclose such trademarks, trade names or distinctive signs without Arubacloud’s prior written authorisation.

19. Communications between the parties

19.1 Arubacloud shall communicate with the Customer by writing to the contact details provided by the Customer when ordering or providing the Service, or through communications published on the Website or in the Mobile app. Communications sent by Arubacloud to these contact details or made in the manner indicated above shall be deemed to have been received by the Customer. Any changes to the Customer’s contact details (including email address) not communicated to Arubacloud shall not be enforceable against it.

19.2 The Customer must send their communications and requests for assistance to Arubacloud through the appropriate assistance service.

20. Complaints

20.1 The Customer may submit a complaint regarding provision of the Service by opening a support request on the Website or in the Mobile app.

The complaint must be submitted within 7 days of the occurrence of the event that is the subject of the complaint or within the period permitted by applicable law.

Arubacloud will review the complaint and provide a written response within 30 days of receiving the complaint.

If the complaint concerns particularly complex matters that do not allow for a comprehensive response, Arubacloud will inform the Customer of the status of the complaint within the above-mentioned time frame.

21. Processing of personal data

21.1 The processing of personal data communicated to Arubacloud by the Customer for the purposes of executing this Contract and the subsequent provision of the Service will be carried out in accordance with Legislative Decree 196/2003, Regulation (EU) 2016/679 and the information provided by Arubacloud during the registration process.

21.2 Solely for the purposes of collecting, processing and managing data necessary for provision of the Service, Arubacloud acts as an independent Data Controller in accordance with the definitions of roles described in Legislative Decree 196/2003 and Regulation (EU) 2016/679.

21.3 With regard to any third-party data entered and/or processed by the Customer when ordering and/or using the Service, the Customer declares that it has provided them with adequate information in advance, as required by Article 13 of Regulation (EU) 2016/679, and that it has a suitable legal basis for the processing. It is understood, however, that the Customer acts as the independent Data Controller with regard to such data, assuming all the obligations and responsibilities associated with this role and holding Arubacloud harmless against any dispute, claim or other issue that may arise from third parties in relation to such processing.

22. Applicable law and jurisdiction

22.1 Except as provided by applicable laws, including consumer protection laws:

i. this Contract is governed by Italian law, excluding any application of the United Nations Convention on the International Sale of Goods;

ii. disputes relating to the Contract shall be subject to the exclusive jurisdiction of the Court of Milan (Italy).

22.2 Additional mandatory laws of other states may apply to the Customer’s use of the Service and may guarantee the Customer, who qualifies as a consumer, the right to refer to other competent authorities.

22.3 The Service is not intended for use by persons or entities in jurisdictions or countries where such use would be contrary to applicable laws or regulations. Therefore, those who choose to access the Service from locations that prohibit its use do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

23. Final provisions

23.1 The Contract cancels and replaces any other previous agreement between Arubacloud and the Customer on the same subject.

23.2 Any breach or conduct by the Customer in contravention of the Contract shall not be construed as a modification, waiver or tacit acceptance thereof, even if Arubacloud fails to contest it. Any failure or delay by Arubacloud in enforcing any right or provision of the Contract shall not be construed as a waiver of such rights or provisions.

23.3 The total or partial ineffectiveness or invalidity of one or more clauses of the Contract shall not affect the validity of the others, which shall be considered fully valid and effective.

23.4 Arubacloud may communicate to third parties or disclose in any form the data relating to the Contract (e.g. the subject matter, duration, the Customer’s name) as a commercial reference for the promotion of its products or services.

23.5 The relations between the Parties established by this Contract shall not be interpreted as constituting a relationship of mandate, representation, collaboration, association, joint venture or any other form of similar or equivalent contractual relationship.

23.6 The Customer may only assign the contract to third parties with Arubacloud’s written authorisation.