1. Arduino Services
By accepting this Agreement, the User acquires the right to use the services accessible through the Platform, specified under section 1.1 (“Services”).
The use of the Site does not require the mandatory activation of an account, however, the use of the Services requires the activation of a personal and unique User account (“Account”).
In order to use some of the Platform functionalities, it is necessary to create an Account and to purchase a service available for a charge (“Premium Services”). Premium Services are products that the User can Purchase on the on-line shop of Arduino and have certain specifics indicated on the on-line when the purchase is made.
2. The User’s Account
To the User wishing to create an Account a unique username and password will be associated (“Account Credentials”).
The User is required to adopt whatever measures are necessary to ensure that the Account Credentials are subject to the utmost confidentiality and the User accepts liability for any loss or damage to Arduino and/or to third parties as a result of failure to comply with the aforementioned confidentiality obligation. The User undertakes not to disclose the Account Credentials and the information accessible through the same and undertakes not to allow access to the Platform, the Services and the Premium Services to others through the use of his or her Account Credentials or in any manner through his or her Account.
The User is required to provide Arduino with real, accurate information when creating the Account (and whenever they update their data) and, in order to guarantee Account security, undertakes:
(i) not to provide false information;
(ii) not to create false or duplicate Accounts;
(iii) to update their personal information whenever requested in order to comply with the provisions of this Agreement;
(iv) not to share or transfer the Account Credentials;
(v) not to adopt as the Username or ID for his or her Account any names which breach the law or third-party rights (in such eventuality Arduino shall be entitled to suspend the registration or the Account until such time as the critical aspect arising with regard to the aforementioned name is resolved).
3. The User’s duties
The User acknowledges that his or her use of the Services and Premium Services in accordance with the Agreement is essential for the correct operating of the platform and for usability of the Services and the Premium Services by the other Users. Specifically, when creating, modifying and publishing contents created by the User, such as for example, softwares or libraries (hereinafter “Contents”), the User must comply with the provisions of this Agreement, with the procedures and schemes of the open source license adopted by Arduino community and with the applicable legal provisions, abiding by principles of good faith, truthfulness and fairness in dealings with the other Users.
The User undertakes to use the Platform solely in accordance with this Agreement and solely for purposes of using the Services and the Premium Services. Specifically, the User undertakes not to:
(i) transfer or resell the Services, the Premium Services or his or her right to use the Platform to others;
(ii) tamper with or operate on the Platform hardware without Arduino’s intervention and authorisation;
(iii) use the Site, the App, the Services or the Premium Services should the Account have been temporarily or permanently suspended;
(iv) use the Platform to create or incorporate other datasets correlated to Arduino to be used for a service which is similar or identical to the Service or Premium Services;
(v) provide Arduino with data which is false, inexact, misleading or which gives rise to adverse consequences for third parties, particularly when the User registers to create the Account;
(vi) transfer the Account or communicate the Username or password to third parties without Arduino’s prior written consent;
(vii) spread viruses, malwares or any other technology designed to harm the Platform, the Site, the App, the other Users’ devices, to breach Arduino’s rights or the rights of other Users, to compromise the proper implementation of the schemes of the open source license used by Arduino Community, or in any way to hinder or disturb the use of the Services or the Premium Services by other Users;
(viii) copy, modify or disseminate the content of the Platform, Services, Premium Services or proprietary information belonging to Arduino and/or others (without prejudice to what provided for by the terms of the open source licenses applicable to the softwares, if they are accessible through the Platform);
(ix) use any mechanism, software or procedure which may interfere with the proper operations of the Platform;
(x) circumvent instruments prepared by Arduino to ensure the security of the Platform and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);
(xi) upload to the Platform or in any way communicate or send through the Platform to other Users content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to Arduino’s image or contrary to law, or in breach of third parties’ rights or of the open source licenses used by Arduino community;
(xii) copy, download, duplicate, distribute, disseminate or in any way use – including partially – images, distinctive marks, text and content belonging to Arduino or in any way found on the Platform;
(xiii) export any information outside the Platform, aside from those cases expressly governed by this Agreement and without prejudice to the rights granted by the open source licenses used by Arduino community.
4. Use of the Services and Premium Services
Arduino undertakes to ensure that the Platform remains active and to render it accessible through the Site and the App, providing technical assistance in order to resolve problems relating to use of the Account due to Platform problems attributable to Arduino, through the email Account email@example.com. Given the characteristics of the Services and the Premium Services, the User acknowledges that Arduino will not be accountable for problems in accessing the Platform and App due to causes which are not directly connected to Arduino’s activities or for which it is responsible and, specifically:
(i) problems relating to connectivity and continuity of Internet traffic available to the User;
(ii) problems relating to the User’s IT systems;
(iii) problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smart phones, tablets, computers) are not compatible or fast enough to allow use of the Services;
(iv) interruption of access to the User’s Internet network;
(v) non-compatibility between the User’s mobile device or browser and the Platform;
(vi) any other event which may compromise the User’s access to the Services, the Premium Services or the Platform (and in any case use of same) which is not caused by Arduino.
Through use of the Services or the Premium Services, the User may encounter differences between the real conditions and those indicated in the data accessible through the Platform. The User acknowledges and undertakes to exercise their own judgement irrespective of use of the Platform and its functions, according to the User’s own responsibility and at the User’s own risk and peril. The User is liable for his or her conduct and for the consequences of the same.
When a Premium Service requires or includes downloadable software, or otherwise when the User downloads the App, this software may be automatically updated on the User’s device should a new version or function be available, or this software may require that the User actively updates it. The User undertakes to ensure that the software always remains updated in order to obtain the best possible performance from the Premium Services.
The Platform may include links to third-party websites which are not controlled or managed directly by Arduino (by way of example, websites belonging to commercial businesses reported by Users through publishing Content). Arduino is not liable for the information and, in general, for the User’s browsing on these websites operated by third parties.
5. Publishing Content and moderation
Through sending information to Arduino or publishing Content on the Platform, the User grants to Arduino the non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use the Content and to reproduce, modify, adapt, translate, distribute, publish and create derived works, make publicly visible the Content throughout the world using any means and for any purpose and to use the Username or the nickname specified in relation to the Content. Should the Content be a software created by the User pursuant to the Contributor License Agreement, such Content shall be object to the terms of the Contributor License Agreement.
The User has sole liability for the Content published or sent to Arduino or published on the Platform and undertakes not to publish, upload or otherwise make public through the Platform Content which:
(i) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
offends Users, Arduino or the online community;
(ii) may constitute, encourage, promote or incite unlawful conduct;
(iii) may breach patents, trademarks, trade secrets, copyright (meaning also licenses or license schemes, open source, GPL, Creative Commons or other standards used by Arduino community) or any other intellectual or industrial property rights belonging to any party;
(iv) constitutes promotions or trade communications;
(v) at the sole discretion of Arduino, is in any other manner questionable or unconnected to the subject matter of the interactive areas in which the Content is published.
The User states that he or she has no objection as to publication, use, modification, deletion and usage of the Content by Arduino or its successors and assignees and the User states that he or she permanently waives all complaints or claims in respect of the Content (without prejudice to the terms of the Contributor License Agreement).
6. Industrial and Intellectual Property
The User acknowledges that:
(i) the industrial property rights to the trademarks viewable on the Platform – specifically the trademarks Arduino – as well as the domain names inclusive of the sign “Arduino” are the exclusive property of Arduino;
(ii) Arduino has exclusive title to the intellectual and industrial property rights in respect of the Platform, the software and the databases connected to the Platform, the App, the Site, the text, artwork, layout and the look and feel of the Platform, the App and the Site (with the exception for the content released or anyway made available pursuant to public license agreements, open source, GPL, LGPL,. creative commons or other non-proprietary license schemes normally used by Arduino community);
(iii) Arduino has exclusive title to the Arduino project, the related know-how and all technical and trade information relating to this project;
and the User undertakes not to infringe or disrupt these rights.
The User states that he or she is the holder of the rights to financial gain allowing him or her to lawfully publish Content on the Platform and the User undertakes not to publish content on the Platform of any type the use of which on the Platform might constitute an infringement of third parties’ intellectual or industrial property rights (meaning also the breach of the terms of the public license agreements, open source, GPL, LGPL, creative commons or other non-proprietary license schemes normally used by Arduino community). For information on how to acquire authorisation to use the Content of the Platform, you can send an email to firstname.lastname@example.org.
In cases where it is possible for the User to download Arduino softwares from the Site or from the app stores managed by third parties, this software shall be licensed to the User in accordance with the licensing agreement from time to time published on the Site or on the App.
All the contents of the Site, inclusive of texts, artwork, images, audio material, video and all else, together with domains, taglines, organisation and user look and feel interface are protected by laws governing intellectual and industrial property rights and are the sole property of Arduino or third parties who have licensed them to Arduino. Should the Site allow the downloading of specific contents, it is possible to download a copy of same to just one computer for exclusively personal domestic and not commercial use, subject to the condition that the user (a) does not remove or alter ownership or copyright notices in the downloaded content, (b) does not sell or modify this content, does not reproduce, view, publicly use, distribute or utilise same in any other manner for public or commercial purposes without our prior written authorisation, (c) does not use what he or she downloads in such a manner as to suggest any association with our products, services or trademarks. Without our prior written authorisation it is prohibited to copy (being known as “mirror”) any Site contents to any other server. The use of the Site contents on other websites or on networked computers for any purpose is prohibited without our express written authorisation. What provided for by the present clause is with no prejudice to the use of the software obtained pursuant to public license agreements, open source, GPL, LGPL, creative commons or other non-proprietary license schemes normally used by Arduino community.
The trademarks, logos and service marks (“Marks”) viewed on the Site are our property or are third-party property. It is prohibited to use these Marks without our express written authorisation or the express written authorisation of any third parties email@example.com.
7. Term – Withdrawal by User – Termination of the Agreement and Cancellation of the Account
This Agreement is open-ended and shall cease to be effective in those cases of termination contemplated below, in the event of closure of the Account and cessation of Arduino’s activity on the Platform.
Once it has been created, the User is entitled to cancel their own Account by acceding to https://id.arduino.cc
and confirming the cancellation of the Account by following the related procedure, to which a confirmation email shall follow. Arduino shall cancel the Account within 7 working days from the completion of such procedure. In such case, the User may continue to use the Platform solely with regard to the Services which do not require the creation of an Account and the User shall continue to be bound by the terms of this Agreement in the event of access to the Platform.
Should the User be inactive for 30 months with effect from the date of the last action on the Site or on the App and the last access to the Account, Arduino shall be entitled to close the Account.
Arduino shall be entitled to cancel the Account should the User breach any obligation provided for under this Agreement following written notice sent by Arduino, without prejudice to any other remedy provided by law or provided by this Agreement in favour of Arduino.
8. Changes to the Agreement
Should the User not accept the changes to the Account and should the User be in possession of an Account, he or she shall be entitled to cancel his or her own Account.
9. Assignment of the Agreement
Arduino may assign this Agreement to an associated company or a company in which Arduino has a shareholding. The User provides his or her consent to such assignment.
10. Privacy and protection of personal data
This Agreement and interpretation of same are governed by Italian law.
The purpose of the titles of the articles of the Agreement is purely illustrative and in no manner whatsoever do they limit or describe the meaning or the contents of the related article.
Failure on the part of Arduino to exercise one of its rights does not represent a waiver of its rights to take action against the User or against third parties for breach of undertakings given.