Terms and Conditions

Please read these terms and conditions carefully. The use of the Arduino Platform and the Services (each as defined below) available on, from, or through Arduino.cc (“Site”) is subject to these terms and conditions (“Terms”), which constitute a legal and binding agreement between you (“you” or “User”) and Arduino S.r.l and, with respect to the Premium Services (defined below), Arduino LLC (collectively, “Arduino” or “we”). By using the Site, the Platform, or the Services, you declare to have read and accepted these Terms. If you do not agree to these Terms, you must refrain from accessing or using the Site, the Platform, and the Services.

IMPORTANT NOTICE REGARDING ARBITRATION: For users located in the United States of America (U.S.A.), these Terms contain a mandatory Arbitration Agreement (defined in Section 21), requiring you to resolve any Claim (as defined in Section 21.1) between you and Arduino through final and binding, individual arbitration, subject to limited exceptions, rather than in court, and requiring you to forego jury trials, class, collective, aggregate, representative, or consolidated actions or proceedings, and all other types of court proceedings of any and every kind. Please review the Arbitration Agreement applicable to U.S. users in Section 21 below for details. You will be bound by this Arbitration Agreement, unless you opt out of the Arbitration Agreement by following the opt-out procedures set forth below. By entering into these Terms, you expressly acknowledge that you have read and understand all of the terms of the Arbitration Agreement.

If you are under 18 years of age, you may use the Site, the Platform, and the Services only with the consent and supervision of your parent or legal guardian. If you are under 18, you may click here to create an Account (defined below). During the registration process, you may be required to provide contact information for your parent or legal guardian, who must provide consent before your Account is activated. By permitting a minor to use the Platform and the Services, the parent or legal guardian agrees to these Terms and is responsible for monitoring and supervising the minor’s use.

If you are under 18, during the registration process, you will be required to provide your date of birth or otherwise confirm your age through an age verification process. If you are under 18, your Account will be restricted – i.e., a Junior Account or a restricted account. Note, if we become aware that a user with an unrestricted Account is under 18 years of age, we will take steps to terminate that Account and delete any associated information as required by applicable law.

1. Arduino Services

1.1 The Site is part of the platform developed and managed by Arduino, which allows users to take part in the discussions on the Arduino forum, the Arduino blog, the Arduino User Group, the Arduino Discord channel, and the Arduino Project Hub, and to access the Arduino main website, subsites, Arduino Cloud, Arduino Courses, Arduino Certifications, Arduino Docs, the Arduino EDU kit sites to release works within the Contributor License Agreement program, and to further develop the Arduino open source ecosystem (collectively, the “Platform”). The use of the Site, the Platform, and the Services is governed by these Terms including the other documents and policies made available on the Platform by Arduino.

1.2 By User’s acceptance of these Terms, Arduino hereby grants User a non-exclusive, revocable, royalty-free, limited, personal, non-transferable, non-sublicensable copyright license to access and use the services accessible through the Platform, including the services specified under Section 1.1 and the Premium Services (as defined below) specified under Section 1.4 (collectively, “Services”), subject to the terms and conditions of these Terms. User’s copyright license to the Services will terminate upon the termination of User’s Account or if Arduino otherwise terminates User’s access to the Services in accordance with these Terms.

1.3 The use of the Site does not require the mandatory activation of an Account; however, the use of certain Services requires the activation of a personal and unique User account (“Account”).

1.4 In order to use some of the Platform functionalities, it is necessary to create an Account and to purchase such functionalities for a stated charge (“Premium Services”). Premium Services are products that User can purchase on the Arduino online shop or Arduino digital store. If User purchases a Service, then these payment terms apply to User’s purchase and User agrees to them.

Charges. If there is a charge associated with a portion of the Premium Services, User will be notified of that charge on the Arduino online shop, and User will need to agree to pay that charge. The price stated for the Premium Services includes all applicable taxes and currency exchange settlements, unless stated otherwise. User is solely responsible for paying such taxes or other charges. Taxes are calculated based on User’s location at the time the Premium Services are purchased. Arduino may suspend or cancel the Premium Services if we do not receive an on-time, full payment from User and User still does not make payment within fifteen (15) calendar days of us reminding User that payment is due. Suspension or cancellation of the Premium Services for non-payment could result in loss of access to and use of User’s Account and its content. Connecting to the Internet via a corporate or other private network that masks User’s location, may cause charges to be different from those displayed for User’s actual location.
User’s Billing Account. To pay the charges for a Premium Service, User will be asked to provide a payment method at the time User purchases that Premium Service. User can access and change User’s billing information and payment method at https://id.arduino.cc/. Additionally, User agrees to permit Arduino to use any other payment method or account information on Arduino’s file for User’s Account. User agrees to promptly update User’s Account and other information, including User’s email address and payment method details, so Arduino can complete User’s transactions and contact User as needed in connection with User’s transactions. Changes must be made to User’s payment method at least forty-eight (48) hours before a scheduled payment to take effect in relation to that payment.
Billing. By providing Arduino with a payment method: (i) User represents that User is authorized to use such payment method and that any payment information User provides is complete and accurate; (ii) User authorizes Arduino to charge User for the Premium Services or available content using User’s payment method; and (iii) User authorizes Arduino to charge User for any paid feature of the Premium Services User chooses to purchase or use while these Terms are in force. Arduino will tell User at the time of User’s transaction whether Arduino will bill User (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Premium Services. Also, Arduino may charge User up to the amount User has approved, and we will notify User in advance of any change in the amount to be charged (within the approved amount) for recurring subscription Premium Services. For any changes in the amount to be charged outside of the approved amount, please see the “Price Changes” section below. Arduino may bill User at the same time for more than one of User’s prior billing periods for amounts that have not previously been processed, and Arduino will inform User of such billing approach wherever reasonably possible.
Recurring Payments. When User purchases the Premium Services on a subscription basis (e.g., monthly, every three (3) months, or annually), User agrees that User is authorizing recurring payments, and payments will be made to Arduino by the method, at the recurring intervals User has agreed to, until the subscription for that Premium Service is terminated by User or by Arduino. After subscribing, User can also find details about their subscription length, payment amount, and next payment due date in their Account at https://id.arduino.cc/. User must cancel User’s Premium Services before the next billing date to stop being charged for the Premium Services. Instructions on how User may cancel the Premium Services online can be found at https://support.arduino.cc/cancel. By authorizing recurring payments, User is authorizing Arduino to store User’s payment method and process such payments as charges to User’s designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected, charged back, or denied, Arduino or its Premium Service providers reserve the right to collect any applicable return item, rejection fee, or insufficient funds fee and process any such payment as an Electronic Payment.
Recurring Payment Reminder Emails. We will provide User with reminder notices of recurring subscription payments to the email address provided by User as follows: (a) where there is an initial free or discounted price period, a reminder notice will be given between ten (10) and five (5) calendar days before the first recurring payment for the full amount that User will become liable for; (b) where recurring payments are due every six (6) months or more frequently (e.g., where recurring payments are monthly or every three (3) months), a reminder notice will be given between ten (10) and five (5) calendar days before each recurring payment; and (c) where recurring payments are due less frequently than every six (6) months (e.g., annually), a reminder notice will be given ten (10) and five (5) calendar days before each recurring payment.
Online Statement and Errors. Arduino will provide User with an online billing statement on the https://id.arduino.cc/, where User can view and print User’s statement. This is the only billing statement that Arduino provides. If User believes there to be an error on User’s bill, User must tell Arduino within sixty (60) calendar days after it first appears on User’s bill. Arduino will then promptly investigate. If User does not tell Arduino within that time, (1) if User is in the U.S., User releases Arduino from all liability and claims of loss resulting from the error and Arduino will not be required to correct the error or provide a refund, (2) if User is in the EU or UK or any other jurisdiction, Arduino will still consider reasonable requests from User after this period, but it may affect Arduino’s ability to investigate and correct any issue.
Refund Policy. Unless otherwise provided (a) by law (such as for EU and UK users if the Premium Services are faulty); (b) in this “Refund Policy” section; or (c) by a particular Premium Service offer, all purchases are final and non-refundable. If User is in the UK and the EU, User has a right to change their mind, cancel their order and receive a refund for the order of Premium Services during an initial cooling-off period of fourteen (14) calendar days from the date of the order confirmation email. However, this right is lost once User has given their prior express consent to access the Premium Services during the withdrawal period and acknowledged that doing so will result in losing the right of withdrawal. In such circumstances, User will not be entitled to a refund unless the digital content is faulty. To exercise the right of withdrawal, User must notify us by an explicit statement sent to support@arduino.cc before the withdrawal period expires. Refunds will be processed without undue delay and in any event within fourteen (14) days of receiving the withdrawal notification, except where User has used the Premium Services beyond the right of withdrawal. We will reimburse User using the same means of payment that was used for the initial purchase, unless User has expressly agreed otherwise; in any event, User will not incur any fees as a result of such reimbursement. If User is in the EU and UK, User also has a right to change their mind, cancel their order and receive a refund for the order of Premium Services during each renewal cooling-off period of fourteen (14) days from the date of: (a) the first recurring subscription payment after a free trial or discounted period ends; and (b) each annual (or longer) recurring subscription payment. We will give User a cooling-off notice for each renewal cooling-off period. If User exercises this right, they will receive a proportionate refund, taking into account what has been supplied during the relevant renewal cooling-off period (e.g., we may make deductions from any refund for the Premium Services we provided up to the time that User told us that they want to cancel). To exercise this right, User must notify us by an explicit statement sent to support@arduino.cc before the cooling off period expires. We will issue the refund to the same payment method User used when they placed their order.
Cancelling the Premium Services. User may cancel a Premium Service at any time by following the relevant cancellation procedure made available online via their account management page. Cancelling paid Premium Services stops future charges to continue the Premium Service. If User cancels, User’s access to the Premium Services ends at the end of User’s current Premium Service period. If User initiates a chargeback or reversal with User’s payment provider for User’s payment of Premium Services, Arduino will deem User to have canceled as of the date that the original payment was made, and User authorizes Arduino to immediately cancel User’s Premium Service and/or revoke any content that was provided to User in exchange for such payment.
Price Changes. Arduino may change the price of the Premium Services at any time and if User has a recurring payment, Arduino will notify User by email, or other reasonable manner, at least fifteen (15) calendar days before the price change takes effect. The price change will not apply before the end of User’s current subscription period that User has paid for. If User does not agree to the price change, User must cancel and stop using the Premium Services before the price change takes effect. If there is a fixed term and price for User’s Premium Service, that price will remain in force for the fixed term.
Payments to User. If Arduino owes User a payment, then User agrees to timely and accurately provide Arduino with any information we need to get that payment to User. User is responsible for any taxes and charges User may incur as a result of this payment to User. If User receives a payment in error, Arduino may reverse or require return of the payment. User agrees to cooperate with Arduino in its efforts to do this. If Arduino identifies a previous overpayment, it may adjust the payment to User to reflect this and Arduino will inform User of such adjustment wherever reasonably possible.

2. User’s Account

2.1 If User creates an Account, a unique username and password created by User will be associated with that Account (“Account Credentials”).

2.2 User is required to adopt all necessary measures to ensure that their Account Credentials are kept secure and confidential. User undertakes not to disclose their Account Credentials or any information accessible through them, and not to allow access to the Site, the Platform, or the Services to others through the use of User’s Account Credentials or by any other means via User’s Account. User remains responsible for activity carried out through their Account Credentials unless such activity is due to a failure by Arduino to provide appropriate security measures or to detect misuse that Arduino should reasonably have identified.

Arduino shall not be liable for any loss or damage arising from the theft or unauthorized use of Account Credentials where Arduino has taken appropriate measures and exercised ordinary diligence to prevent such misuse.

If User becomes aware of unauthorized access to User’s Account, User must change their password and notify us immediately at privacy@arduino.cc.

2.3 User is required to provide Arduino with real, accurate information when creating their Account (and whenever User updates their data). Additionally, in order to support Account security, and for other purposes, User agrees:

not to provide false information;
not to create false or duplicate Accounts;
to update Personal Data (as defined in Section 13.1 below) as reasonably requested to comply with these Terms, subject to the Privacy Policy;
not to share or transfer their Account Credentials;
not to transfer, resell, or otherwise make available the Services or User’s right to use the Platform to others;
not to adopt a username or identifier that violates applicable laws or infringes the rights of others (in such cases, Arduino may suspend registration or Account access until the issue is resolved); and
not to use the Site or Services if the Account has been temporarily or permanently suspended.

2.4 If User does not verify their Account by clicking the confirmation link sent by email during the registration process, Arduino shall delete the Account one (1) month after the registration request.

3. User’s Duties

3.1 User acknowledges that the use of the Services in accordance with these Terms is essential for the correct operation of the Platform and the Services by the other users. Hence, when creating, modifying, and publishing Content (as defined in Section 7.1 below), User must comply with the provisions of these Terms, with the procedures and schemes of the open-source license adopted by the Arduino community, and with the applicable legal provisions, abiding by principles of good faith, truthfulness, and fairness in dealings with other users.

3.2 User will use the Site and the Platform in accordance with these Terms and for the sole purposes of correctly using the Services. Specifically, User undertakes not to:

use the Platform to develop competitive services, including to create or incorporate other datasets correlated to Arduino to be used for a service which is similar or identical to the Services;
provide Arduino with data which is false, inexact, misleading, or which could reasonably be expected to give rise to adverse consequences for third parties;
transfer their Account, communicate their Account Credentials to third parties without Arduino’s prior written consent, or otherwise make Services available to others;
copy, modify, or disseminate the content of the Site, the Platform, Services, or proprietary information belonging to Arduino and/or others (without prejudice to what is provided for by the terms of the open source licenses applicable to the open source software accessible through the Platform);
use any mechanism, software, or procedure which may interfere with the proper operations of the Platform or the Services;
upload to the Platform, the Services, or in any way communicate or send through the same to other users, content (text, graphic, or any other type) which is offensive, vulgar, violent, false, or harmful to Arduino’s image, contrary to law, or in breach of third parties’ rights or of the open source licenses used by the Arduino community;
unless required by the Platform or the Services (e.g., for account registration or payment processing purposes), upload to the Platform any Restricted Data. “Restricted Data” means: (i) health or medical information; (ii) biometric data or biometric information that can be used to identify an individual natural person; (iii) financial information or credit or debit card data; and (iv) data that is or reveals race or ethnic origin, citizenship or immigration status, political opinions, religious or philosophical beliefs, trade union membership, genetic or neural data, data concerning a natural person’s sex life or sexual orientation, social security, driver’s license, state identification card, or passport number, account access credentials, or other data that constitutes sensitive personal data or a similar term as defined under applicable Data Protection Laws (as defined in Section 13.1 below). Notwithstanding the foregoing, User may upload an individual’s precise geolocation information as supported by the Platform or the Services; provided; however, that User represents and warrants that such uploading and use of such information complies with applicable Data Protection Laws (including any requirements under Data Protection Laws to provide notices and obtain consents).
copy, download, duplicate, distribute, disseminate, or in any way use – including partially – images, trademarks, text, and content belonging to Arduino or in any way found on the Platform, unless within the limitations set forth by the applicable law;
export any information outside the Platform, aside from those cases expressly permitted by these Terms or by the applicable law and without prejudice to the rights granted by the open source licenses used by the Arduino community;
sell, export, re-export, transfer, or otherwise make available or enable access to the Platform, Site, or Services, directly or indirectly, (a) to any country or territory, or any government of or person located, organized, or resident in such country or territory, if, at the time of such transfer, export, re-export, or release, the country or territory is subject to comprehensive sanctions imposed by the U.S. or other applicable governmental authority, or with which Arduino has decided not to engage due to significant corruption, financial crime, terrorist financing, political, and business risks (currently including Belarus, Cuba, Iran, North Korea, Russia, and the Ukrainian regions of Crimea, Sevastopol, Donetsk, Kherson, Luhansk and Zaporizhzhia), absent applicable government authorization; (b) to any person that is subject to restrictions under U.S. and other applicable sanctions, export, and import controls laws and regulations; or (c) in a manner that violates, or would cause Arduino to violate, U.S. and other applicable sanctions and export controls laws and regulations; or
use the Platform, Site, or Services to identify or provide evidence to support any potential patent infringement claim against Arduino, its Affiliates, or any of Arduino’s or Arduino’s Affiliates’ suppliers and/or direct or indirect customers. The term “Affiliate” means, with respect to Arduino, any corporation or other legal entity that, at any time, directly or indirectly, Controls, is Controlled by, or is under common Control with Arduino (but only as long as such Control exists). For the purpose of this definition, the term “Control” means: (a) the beneficial ownership (whether direct or indirect) of more than fifty percent (50%) of the voting power of an entity; or (b) in the case of an entity that does not have outstanding voting shares or securities, the majority (i.e., more than fifty percent (50%) of the equity interests in such entity is now or hereafter owned or controlled by another entity, either directly or indirectly.

3.3 In order to maintain the Platform functionality at optimal and safe levels, User can report technical issues using the following Contact Form: https://www.arduino.cc/en/contact-us/.

4. Export and Trade Controls Compliance

4.1 User agrees that the Site, the Platform, and the Services (including software, technology, and certain services provided by Arduino) (collectively, “Items”) may be subject to EU, EU Member State, UK, US, and other applicable export control and economic sanctions laws, orders, and regulations, including, without limitation, the EU Dual Use Regulation (Regulation (EU) 2021/821), the UK Dual Use Regulation (retained EU Regulation 428/2009), the Export Administration Regulations (“EAR”) (15 CFR Parts 730-774), and the Foreign Assets Control Regulations (31 CFR Parts 500-599) (collectively, “Export and Sanctions Laws”).

4.2 User, in using the Site, the Platform, and the Services, (i) will comply with all Export and Sanctions Laws, including by obtaining any required EU, EU Member State, UK, U.S. or other country licenses, authorizations, or approvals, and (ii) will not engage in any activity that would reasonably be expected to cause Arduino to violate any Export and Sanctions Laws.

4.3 User will not directly or indirectly export, re-export, transfer, or release (collectively, “Export”) any Items (whether or not incorporated into another item), or any direct product thereof, to any country or territory, its government, any entity located in or organized under the laws of such country or territory, or any individual located or resident in such country or territory, if, at the time of Export, the country or territory is subject to comprehensive sanctions imposed by the EU or its Member States, UK, U.S. or other applicable governmental authority, absent applicable government authorization, or the country or territory is one with which Arduino has decided not to engage due to significant corruption, financial crime, terrorist financing, political, and business risks (i.e., Belarus, Cuba, Iran, North Korea, Russia, and the Crimea and other regions of Ukraine controlled by the Russian Federation) (collectively, “Restricted Territories”).

4.4 User further agrees not to directly or indirectly employ any Items in, or Export any Items for, end uses or end users that would violate the controls in the EU Dual Use Regulation and/or Part 744 of the EAR, without any required government authorization, including those related to prohibited missile or unmanned aerial vehicle (“UAV”) technology; prohibited nuclear, chemical, or biological weapons activities; prohibited supercomputer and semiconductor manufacturing end uses; or for any prohibited military end use or end user.

4.5 User warrants that User is not: (i) listed on a prohibited or restricted party list published by the U.S. government, including but not limited to the U.S. Department of Treasury’s “List of Specially Designated Nationals and Blocked Persons” and “Consolidated Sanctions List”, and the U.S. Department of Commerce’s Entity List, Unverified List, and Denied Persons List, or any similar list maintained by the EU or its Member States, the UK, or other applicable local authority; (ii) located, organized or resident in a Restricted Territory; (iii) owned (50% or more in the aggregate) or controlled, directly or indirectly, by a person or entity described in clauses (i) or (ii); or (iv) otherwise the target of EU, UK, or U.S. sanctions (collectively, “Restricted Persons”). User shall not Export any Items to any Restricted Persons without prior government authorization, to the extent required by regulation.

4.6 If User is a person or entity located in Belarus, Burma (Myanmar), Cambodia, the People’s Republic of China, Nicaragua, the Russian Federation, or Venezuela, User certifies that User is not a “military end-user” as that term is defined in section 744.21 of the EAR, the EU Dual Use Regulation or the UK Dual Use Regulation. User acknowledges that the foregoing certifications are conditions to User’s access to any Items.

4.7 User shall not deliver any hardware, software, technology, or services to Arduino that are subject to the International Traffic in Arms Regulations, the Wassenaar International Munitions List, or the 600 Series or 9x515 Export Control Classification Numbers on the EAR’s Commerce Control List.

4.8 User warrants that no hardware, software, technology, or services supplied under this agreement are sourced or originate from or incorporate content from (i) a Restricted Territory or its government (including government agencies, instrumentalities, and entities controlled by the government); or (ii) a Restricted Person.

4.9 User further agrees not to sell, export or re-export, directly or indirectly, any Items to the Russian Federation or Belarus, or for use in the Russian Federation or Belarus, if such Items fall within the scope of Article 12g of EU Regulation 833/2014 (as amended), or Article 8g of Council Regulation (EC) No. 765/2006 (as amended), or if such export or re-export would otherwise violate any applicable Export and Sanctions Laws. User shall undertake its best efforts to ensure that the purpose of this paragraph is not frustrated by any third parties further down the commercial chain, including by possible resellers. User shall monitor for and immediately inform Arduino about any problems in applying this paragraph, including any relevant activities by third parties that could frustrate the purpose of this paragraph. User shall, upon request, make available to Arduino information concerning compliance with the obligations under this paragraph. Breach of the obligations contained in this paragraph shall constitute a material breach of an essential element of the contractual terms pursuant to which the Items are supplied, and Arduino shall be entitled to seek appropriate remedies, including (without prejudice to any other right or remedy available to it) stopping deliveries, terminating the applicable contract(s), and/or damages.

4.10 User agrees to defend, indemnify and hold Arduino and its Affiliates harmless against any and all third-party claims, actions, causes of action, loss and expenses arising out of User’s failure to comply with its obligations as provided for in the preceding section.

5. Use of the Services

5.1 Although Arduino strives to keep the Platform operational and accessible, and Arduino also provides technical assistance in order to resolve problems relating to the use of the Account due to Platform problems attributable to Arduino through the Contact Form (https://www.arduino.cc/en/contact-us/), under certain circumstances access to the Platform or use of the Services, may be interrupted, including in the case of necessary maintenance or updates. Given the characteristics of the Services, User acknowledges that Arduino will not be accountable for problems in accessing the Platform due to causes which are not directly connected to Arduino’s activities, including:

problems relating to connectivity and continuity of Internet traffic available to User;
problems relating to User’s IT systems;
problems relating to the terminals used by User, including malfunctioning of devices used by User and including cases in which these devices (such as smartphones, tablets, computers) are not compatible or fast enough to allow use of the Services;
interruption of access to User’s Internet network;
non-compatibility between User’s mobile device or browser and the Platform; or
any other event which may compromise User’s access to the Services or the Platform which is not caused by Arduino.

5.2 Furthermore, when using Arduino Cloud Services, User is responsible to read, acknowledge and adopt the Shared Responsibility Model explained here: https://www.arduino.cc/en/shared-responsibilities.

5.3 When a Premium Service requires or includes downloadable software, such downloadable software may be updated should a new version or function be available. User shall ensure that the software is always kept updated. User acknowledges and agrees that, except in cases of Arduino’s failure to perform its essential obligations with due care, Arduino shall not be liable for any indirect or unforeseeable loss or consequences, (such as loss of data, malfunction, or incompatibility) arising from the download, installation, use, or updating of such software, whether automatic, manual, or from User’s failure to keep the software updated.

This limitation shall not affect User’s statutory rights under applicable consumer protection laws, including the right to remedies in case of lack of conformity or defective performance. Arduino remains fully liable for any damages caused by gross negligence or willful misconduct, or for any other liability which cannot be excluded or limited under applicable law. Furthermore, Arduino shall not be liable towards consumers for damages that could have been avoided by User exercising ordinary diligence.

5.4 In the event that User uses Arduino software in the form of an application (“App”) downloaded from the Site or through links to app stores managed by third parties, the use of the App may be subject to specific licensing agreements and/or terms of use. By downloading the App from any online digital distribution platform operated by a third party (“App Store”), User also agrees to the following:

When using the App, these Terms apply between User and Arduino, not the App Store. When User downloads the App, however, the applicable App Store terms will also apply between User and the App Store;
Arduino, not the App Store, is solely responsible for the App and its content, as well as for any maintenance and support services, and for any product warranties (if any); and
Arduino, not the App Store, is responsible for addressing User’s product claims and any third-party claim related to User’s use of the App. The App Store is not responsible for any third-party intellectual property infringement claims.

5.5 The App Store provider may benefit from certain provisions of these Terms solely to the extent necessary for the distribution and proper functioning of the App through its platform. This does not create additional obligations for User beyond those expressly set out in these Terms. Any rights of the App Store provider shall be exercised in accordance with applicable consumer protection laws and shall not limit or affect User’s statutory rights.

6. Third-Party Content and Disclaimers

6.1 The Platform and Services may display and/or refer, from time to time, to links to other websites that are not owned, managed or controlled by Arduino, which User acknowledges as being not attributable to Arduino. User acknowledges that Arduino does not endorse, monitor, review, or assume any responsibility for the content, products, services, or practices of any third-party websites or services. ACCESS TO AND USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION. ARDUINO IS NOT RESPONSIBLE FOR ANY ISSUES ARISING EXCLUSIVELY FROM OR RELATING TO USER’S USE OF OR RELIANCE ON ANY THIRD-PARTY WEBSITES OR SERVICES, EXCEPT WHERE SUCH ISSUES ARE ATTRIBUTABLE TO ARDUINO’S ACTIONS OR OMISSIONS. NOTHING IN THIS CLAUSE AFFECTS USER’S STATUTORY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION LAWS.

6.2 The information presented on or through the Platform and the Services is made available solely for general information purposes. Arduino does not warrant the accuracy, completeness, or usefulness of this information to the extent it is provided for general, non-contractual purposes. Any reliance User places on such information is strictly at User’s own risk, unless Arduino has failed to exercise reasonable care in making such information available. Arduino disclaims liability for any reliance placed on such materials by User, except where Arduino has not met its legal obligations. Arduino may update the information on the Platform or Services from time to time, but the information may not always be complete or up-to-date. Any of the information on the Platform or Services may be out of date at any given time, and Arduino is under no obligation to update such information. Nothing in this clause shall exclude or limit Arduino’s responsibility where it is required to provide accurate and up-to-date information under applicable law.

7. Publishing Content

7.1 Without prejudice to any ownership rights of User of Content (defined below) which User publishes, for the purpose of allowing the functioning of the Platform and the Services (including the Forum and Project Hub), User grants to Arduino the non-exclusive, royalty free, transferable, sub-licensable, perpetual, irrevocable, to the maximum extent allowed by applicable law, for the duration of intellectual property rights and without detriment to User’s statutory rights (including applicable data protection rights), right to use the Content published and/or updated on the Platform as well as to distribute, reproduce, modify, adapt, translate, publish and make publicly visible all material, including software, libraries, text contents, images, videos, comments, text, audio, software, libraries, or other data (collectively, “Content”) that User publishes, uploads, or otherwise makes available to Arduino throughout the world using any means and for any purpose, including the use of any username or nickname specified in relation to the Content. Should the Content be software created by User pursuant to the Contributor License Agreement, such Content shall be subject to the terms of the Contributor License Agreement. User expressly acknowledges that Content may include User’s Personal Data and, where applicable, Personal Data of minors for whom User is the legal guardian.

7.2 User is liable for the Content that User publishes, uploads, or otherwise makes available on the Platform and/or that User provides to Arduino and undertakes not to publish, upload, or otherwise make available to the public through the Platform any Content that:

is false, illegal, misleading, defamatory, slanderous, intimidating, offensive, or in any other way contrary to law or public morality;
offends other users, Arduino, or the online community;
may constitute, encourage, promote, or incite unlawful conduct;
is in breach of any patent, trademark, trade secret, copyright (meaning also license or license scheme, open source, GPL, Creative Commons, or other standard used by the Arduino community) or any other intellectual property right, industrial property right, or of any other applicable law;
is Restricted Data, includes private or confidential information, or Personal Data in violation of applicable law;
constitutes promotions or trade communications; and
is not relevant to the subject matter of the interactive areas in which the Content is published.

7.3 The Platform does not constitute or offer a backup service in favor of User, and therefore, User agrees not to rely on the Services for the purpose of saving or storing Content.

7.4 User acknowledges that the Content is not subject to prior verification by Arduino, except to the extent specifically indicated. Therefore, User declares and agrees that User is solely responsible – to Arduino, other users, third parties, and the competent authorities – for what User uploads to the Platform.

7.5 User may delete their Content at any time. Upon such deletion, the relevant Content will no longer be visible to other users, subject to technical time to allow for removal. Notwithstanding the foregoing, Content may continue to exist in other locations within the Platform in the event that: (i) the Content has been used by other users in compliance with the license set forth above and has not been removed; or (ii) immediate deletion may limit Arduino’s ability to detect or investigate unlawful activities or initiatives in violation of these Terms, to comply with a legal obligation, or to comply with a request made by a competent authority. In such cases, Content will be retained for the period necessary in connection with the stated purposes.

7.6 In the sections “Forum” and “Project Hub” of the Site, the Content made available to User may be sorted on the basis of the following criteria (depending on those which will be available from time to time):

category, i.e. on the basis of the characteristics of the Content depending on the selection made when uploading the Content;
date, i.e. by prioritising the most recent Content;
popularity, i.e. by prioritising the Content with the highest number of interactions;
appreciation, i.e. by prioritising the Content which received a greater number of positive feedback indications by other users; and
difficulties in the performance of the project, in order to allow User to identify the Content which fits their needs.

8. Industrial and Intellectual Property

8.1 User acknowledges that:

the intellectual and industrial property rights used on the Platform – specifically the Arduino word and logo trademarks (see https://www.arduino.cc/en/trademark) – as well as the domain names inclusive of the “Arduino” mark are exclusive property of Arduino;
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 text, artwork, layout and the look and feel of the Platform (with the exception of the Content of users and for the Content released or anyway made available pursuant to public license agreements, open source, GPL, LGPL, Creative Commons, or any other non-proprietary licenses);
Arduino has exclusive title to the Arduino project, the related know-how, all technical, and all trade information relating to it; and
User undertakes not to infringe or negatively affect these rights.
For any information or request for use of trademarks, logos, or other service marks, User can contact Arduino by email at trademark@arduino.cc.

8.2 User shall not:

translate, decompile or reverse-engineer the Platform, or engage in any other activity designed to identify the algorithms and logic of the Platform’s operation, unless expressly allowed by Arduino or by applicable license agreements; or
extract or make copies of the information contained in the Platform (except with respect to Content owned by other users), make derivative works from the Platform, reuse the Platform, or make any other use of the Platform other than as set forth in these Terms or as permitted by applicable law.

8.3 User represents to be the owner of each and every exploitation right required to lawfully publish Content on the Platform and undertakes not to publish Content on the Platform of any type, the use of which might constitute an infringement of third-party rights (meaning also the breach of the terms of public license agreements, open source, GPL, LGPL, Creative Commons, or any other non-proprietary license schemes normally used by the Arduino community).

8.4 Should the Platform or the Services allow the downloading of specific contents, the download of a copy – unless otherwise indicated – shall be only on one computer device, for personal and not commercial use. In addition, User shall not:

remove or alter ownership or copyright notices in the downloaded content;
sell or modify the content, reproduce, view, publicly use, distribute, or utilize the same in any other manner for public or commercial purposes without Arduino’s prior written authorization; or
use the downloaded content in such a manner as to suggest any association with Arduino products, services, or trademarks.

It is further prohibited to copy (or “mirror”) any Platform contents to any other server. Unless otherwise indicated, the use of the Platform contents on other websites or on networked computers for any purpose is prohibited without Arduino’s written authorization. The above is without prejudice to the use of the software or other content, such as documentation, obtained pursuant to any public license agreements, open source, GPL, LGPL, Creative Commons, or any other non-proprietary license.

8.5 Neither the license or provision of the Platform, Services or other Arduino offerings or any portion thereof by Arduino or any Arduino Affiliates, nor any provision of these Terms, shall be construed as to grant to User, either expressly, by implication by way of estoppel, or otherwise, any license or other right under any of such patents of Arduino or any Arduino Affiliates. You, on behalf of yourself and (as applicable) your Affiliates, agree not to contend in any context that, as a result of the provision or use of the Platform, the Services or any other Arduino offering or any portion thereof, Arduino or Arduino Affiliates has any obligation to extend, or that you or any other party has obtained any right to, any license, whether express or implied, with respect to, any patent of Arduino or any Arduino Affiliates, for any purpose. Nothing in this clause affects User’s statutory rights under applicable consumer protection laws, nor does it exclude or limit any rights which cannot lawfully be excluded under applicable law.

9. Acceptable Use of the Site, the Platform, and the Services (AI Policy)

9.1 Purpose and Scope

This Section 9 (the “Policy”) sets forth additional requirements and restrictions regarding the use of any artificial intelligence (“AI”) features, models, algorithms, or related materials (“AI Products”) made available by Arduino through the Site, the Platform, or the Services. This Policy applies to all users and supplements the general obligations and restrictions set forth elsewhere in these Terms. This Policy is intended to ensure that all users of Arduino’s AI Products do so in a manner that is ethical, lawful, and consistent with Arduino’s values and legal obligations.

9.2 Prohibited Uses of AI Products

User must not use, or permit others to use, any AI Products provided by Arduino for any of the following purposes or activities (“Prohibited Uses”):

Military Use: Use by or for any military organization or for any military purpose, including but not limited to projects sponsored or paid for by military organizations, or use by the U.S. Department of Defense (except for DARPA), U.S. Armed Forces, U.S. Department of Homeland Security, U.S. intelligence agencies, or any foreign counterparts of the foregoing.
Criminal Use: Any activity prohibited under applicable law or regulation, or any activity associated with identifying, predicting, or profiling criminal activity, including but not limited to predictive policing based on facial attributes, emotion analysis, or personal data such as name, address, gender, sexual orientation, race, religion, age, location, political affiliations, employment status, health or medical conditions, or social media and publicly available data.
Violation of Law: Any use that violates any applicable national, federal, state, local, or international law or regulation.
Exploitation or Harm: Any use intended to exploit, harm, or attempt to exploit or harm any person in any way, including generating or disseminating verifiably false information with the purpose of harming others, or generating or disseminating personally identifiable information that can be used to harm an individual.
Deceptive or Manipulative Acts: Any use to generate or disseminate information or content (including posts, articles, chatbots, or automated bots) without expressly and intelligibly disclaiming that the text is machine-generated; to defame, disparage, or harass others; to impersonate others; or to engage in unfair, manipulative, or deceptive acts.
Automated Decision-Making: Any use for fully automated decision-making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation.
Discrimination and Social Scoring: Any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior, known or predicted personal or personality characteristics, or legally protected characteristics or categories; or for social scoring.
Exploitation of Vulnerable Groups: Any use that exploits vulnerabilities of specific groups based on age, disability, economic or social situation, or physical or mental characteristics, including to materially distort the behavior of a person in a manner likely to cause physical or psychological harm.
Biometric and Facial Recognition: Generating facial recognition databases by scraping images from the Internet or CCTV footage; use of biometric categorization systems based on sensitive characteristics; real-time remote biometric identification in publicly accessible spaces for law enforcement; or emotion recognition in the workplace or education.

9.3 High-Risk Applications

The following use cases are considered high-risk (“High-Risk Applications”):

Biometric identification (not otherwise prohibited above)
Critical infrastructure
Education and vocational training
Employment
Access to and enjoyment of essential private services and essential public services and benefits
Law enforcement
Migration, asylum, and border control management
Recommender systems of social media platforms
Administration of justice and democratic processes
Any other AI system that, when deployed, makes or is a substantial factor in making a consequential decision

The AI Products are not designed or intended for use in connection with any High-Risk Applications. Any use of the AI Products for High-Risk Applications is at User’s sole risk, and User assumes all risk associated with such use.

9.4 Monitoring and Compliance

Arduino reserves the right to monitor User accounts and use of the AI Products, including but not limited to usage of features and functions, compute time, and storage, for the purposes of:

Operating the AI Products and Services properly
Administering and managing Arduino’s business
Providing all users with high-quality products and services
Verifying compliance with laws and this Policy
Protecting Arduino and its users
Satisfying any law, regulation, or government request

9.5 User Responsibilities

User is responsible for ensuring that their use of the AI Products complies with this Policy and all applicable laws and regulations. User must not attempt to circumvent or disable any monitoring or compliance mechanisms implemented by Arduino.

9.6 Consequences of Violation

Any violation of this Policy may result in suspension or termination of User’s Account, removal of access to the AI Products, and/or other actions as set forth in these Terms. Arduino reserves the right to report any unlawful activity to the appropriate authorities.

10. Term – Termination of these Terms and Cancellation of User’s Account

10.1 Except for the specified term which might be provided for the Premium Services, these Terms are open-ended and shall cease to be effective in the event of (i) termination or the closure of User’s Account, or (ii) User’s cessation of the use of the Services, in accordance with Section 10.5 below, making their Account inactive.

10.2 User is entitled to cancel their Account once logged-in by following the relevant cancellation procedure made available online via their account management page. Seven (7) business days after User has completed the Account cancellation procedure, Arduino shall finalize cancellation of the Account and de-identify all posts in the Forum and in the Project Hub made via the cancelled Account, by deleting User’s Account username and all other Personal Data which may directly identify User with respect to such posts. Other Personal Data related to cancelled Accounts will otherwise be deleted after expiration of the relevant statute of limitations. Upon cancellation, User must pay any outstanding bills. As soon as User cancels User’s Account, User is no longer licensed to use the Services, and User must cease using the Services immediately.

10.3 Arduino may suspend or terminate User’s Account (and any accounts Arduino determines are related to User’s Account) and User’s access to the Services only where such action is justified by specific reasons, including violations of these Terms by User, User’s Content, or User’s use of the Services. Arduino shall be able to demonstrate and, upon request, provide evidence of the reasons for any suspension or termination, and shall not exercise this right in a purely discretionary or arbitrary manner. Personal Data related to a suspended or terminated Account will continue to be processed. Arduino may de-identify or delete the posts made via the suspended or terminated Account from the Forum and Project Hub. Other Personal Data related to the terminated Account will otherwise be deleted after expiration of the relevant statute of limitations.

10.4 In all cases, including instances of repeated violations, Arduino is obligated to notify User of the reasons for the suspension or termination of the Account. The obligation to notify is not waived by the occurrence of repeated violations. Notification may only be withheld if legal or regulatory requirements expressly prohibit such disclosure.

10.5 Should User be inactive for twenty-four (24) months, Arduino may close their Account for inactivity. The posts made via the inactive Account will remain on the Forum and Project Hub for a period of five (5) years and will continue to identify User during such period via username, and after such five (5) year period such posts will become de-identified by deleting all Personal Data which may directly identify User.

11. Changes

11.1 Arduino reserves the right to change, suspend, or discontinue any Service. However, if User has paid for a Premium Service, Arduino will provide the Premium Service for the term specified at the time of purchase. Should it become necessary to discontinue a Premium Service, Arduino will notify User in advance and provide clear reasons for the discontinuation. Notice will normally be given at least thirty (30) calendar days before discontinuation, unless earlier notice is not possible due to urgent circumstances (such as compliance with a legal or regulatory obligation, a security threat, or a serious violation of these Terms by User). In such cases, User will be entitled to a refund for any portion of the Premium Service that has not been used and for which payment was previously made and, where required by applicable law, to any additional remedies provided under applicable consumer protection laws. Arduino shall not be liable for indirect or unforeseeable losses, but this does not affect liability for damages that are reasonably foreseeable and directly caused by Arduino’s failure to comply with its contractual or legal obligations, or for any liability that cannot be excluded or limited under applicable law.

11.2 Arduino reserves the right to modify these Terms at any time. Any modifications will be published on the Site and communicated to User by Account notification. Unless otherwise specified in the notice, all modifications to these Terms will become effective thirty (30) calendar days after the date the notice is provided to User. Continued use of the Platform after the effective date of any modifications constitutes acceptance of the revised Terms. It remains understood that, should User be unwilling to accept the changes to these Terms made by Arduino, User may at any time delete their Account and stop their use of the Platform.

12. Assignment of these Terms

12.1 Arduino may assign these Terms, in whole or part, to any Affiliate, parent company, or successor in interest, without User’s consent.

12.2 User may not assign, transfer, delegate, or otherwise dispose of these Terms, or any of User’s rights or obligations hereunder, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of Arduino. Any attempted assignment or transfer by User in violation of this provision shall be null and void and of no force or effect.

13. Privacy and Protection of Personal Data

13.1 User agrees to abide by all applicable laws, including applicable laws related to data protection, privacy or security, or the processing of Personal Data (“Data Protection Laws”), in connection with accessing and using the Platform. User represents and warrants that to the extent required by applicable law, they have provided, or they will provide all notices and they have obtained or will obtain all consents and/or authorization for Personal Data of third parties included in Content to be processed as contemplated by these Terms. User’s Personal Data shall be processed in accordance with the privacy policy statement available at: https://www.arduino.cc/en/Main/PrivacyPolicy. For purposes of these Terms, “Personal Data” means data and information defined as “personal information,” “personal data,” or such equivalent term under applicable Data Protection Laws. To the extent that Arduino processes Personal Data in Arduino’s capacity as a processor (or analogous term under Data Protection Laws) when providing Services to enterprises or educational institutions, the parties will be additionally bound by, and comply with their respective obligations under, the Data Processing Agreement available here, including the Service Details appendix, available here, unless an agreement concluded by the parties expressly excludes application of the Data Processing Agreement.

14. Communications – Point of Contact for the Authorities and Recipients of

the Services

14.1 Without prejudice to any other provision of these Terms, User may contact Arduino at: Arduino S.r.l. (Italian VAT and tax registration number 09755110963) Via Agostino da Montefeltro 2, Torino, 10134, Italy.

15. Moderation of the Content, Restrictions Imposed on User and

Complaints

15.1 In order to safeguard the digital environment of the Platform, and to allow activities to be conducted in compliance with applicable law, Arduino may take non-automated initiatives to detect, identify, and counteract illegal content and information that is incompatible with these Terms. Moreover, for the same purposes, as part of the provision of intermediary services (i.e., with reference to the “Forum” and “Project Hub” sections of the Site), Arduino provides a mechanism to allow User – as well as other persons or entities – to electronically report (a “Report”) the presence on the Platform of information that is believed to constitute illegal content or is in violation of these Terms (“Reporting Mechanism”). More information regarding the Reporting Mechanism is available at: https://www.arduino.cc/en/digital-services-act/.

15.2 The Reporting Mechanism may be activated:

directly through the content in question;
through the “Reporting Violations” section available at https://report-content.arduino.cc/; and
by filling in all the required fields and submitting precise and adequately reasoned Reports that allow Arduino to acquire effective knowledge or awareness to identify the illegality of the relevant activity or information without detailed legal examination.

15.3 With reference to possible breaches or infringements by User, without prejudice to Arduino’s right to send prior warnings:

in case of sharing of the Account Credentials with a third party, Arduino may delete and close the Account of User;
in case of a breach of the provisions of Section 2.3 (relating to User’s Account information), Arduino may suspend User’s registration or Account until the issue is resolved, or suspend their Account (if already registered) until a username that does not infringe these Terms or applicable law is used;
in case of breach of the obligations related to the use of the Platform, as well as of infringement of Arduino’s rights, Arduino may suspend User’s Account or, based on the seriousness of the conduct, delete and close User’s Account;
in the event that User uploads Content in breach of these Terms, including with respect to third-party rights, Arduino may delete the relevant Content and, based on the severity of the conduct, suspend User’s Account. In the event of repeated uploads of Content in violation of these Terms, Arduino may also delete and terminate User’s Account; and
in case of infringement by User of third parties’ intellectual or industrial property rights, according to the provisions of Section 8, or of provisions set forth by the applicable law, Arduino reserves the right to suspend User’s Account or, based on the seriousness of the conduct, delete and close User’s Account.

15.4 The restrictions adopted by Arduino shall be without prejudice to Arduino’s right to seek recourse to judicial remedies or pursue alternative dispute resolution.

15.5 If a restriction is imposed on User hereunder, Arduino shall provide User with a statement of reasons. The statement of reasons may include the following information:

the type and duration (if applicable) of the restriction imposed (e.g., content removal, Account suspension, or Account deletion);
an indication of the circumstances on which the decision was based (including, if applicable, an indication of whether the decision was based on a third-party report or pursuant to a direct initiative by Arduino);
if applicable, an indication of whether the content was identified by or the decision was made with the aid of automated tools;
a reference to the applicable statute, provision or section of these Terms that is alleged to have been violated, including an explanation of the grounds for the decision; and
an indication of the remedies available to User.

15.6 User is entitled to use the complaints management system (“Complaints”) to challenge the decisions (“Decisions”) adopted by Arduino that result from the receipt of a Report through the Reporting Mechanism that indicate (to the extent applicable) Arduino’s decision to: (a) remove Content or disable access to it or restrict its visibility; (b) suspend or terminate in whole or in part the provision of Services to User; (c) suspend or terminate User’s Account; or (d) suspend, terminate, or otherwise limit the ability to monetize the information provided by User.

15.7 The internal system for handling Complaints can be activated by sending an email to dsa@arduino.cc within six (6) months from the day the Decision is communicated. Arduino shall communicate its reasoned decision regarding a Complaint without undue delay, also highlighting the possibility of recourse to out-of-court dispute resolution procedures.

15.8 Arduino may suspend for a reasonable period of time:

the provision of Services to users who frequently submit manifestly illegal Content; or
the processing of Reports and Complaints filed by persons, entities, or complainants who frequently submit manifestly unfounded Reports or Complaints.

For the purpose of evaluating a suspension, Arduino will assess – on a case-by-case basis and in a timely, diligent, and objective manner – whether User, person, entity, or complainant is committing abuse, taking into account all relevant facts and circumstances that are apparent from the information available to Arduino, which will include, at a minimum: (a) the number, in absolute terms, of manifestly illegal content or manifestly unfounded Reports or Complaints filed within a given timeframe; (b) the relative proportion in relation to the total amount of information or Complaints filed within a given time frame; (c) the seriousness of the abuse, including the nature of the illegal contents and the relevant consequences; and (d) where identifiable, the intention of User, person, entity, or complainant.

15.9 Sections 15.9-15.10 shall only apply to the extent the Digital Millenium Copyright Act is applicable. Arduino respects third parties’ intellectual property rights and expects User to do the same. Arduino will respond to notices of alleged copyright infringement that comply with applicable law and are properly reported.

15.10 If you are a copyright or trademark owner (or an agent of a copyright owner) and believe that content on the Platform infringes upon your copyrights or trademarks, you may submit a notification pursuant to the Arduino DMCA Policy available at link: www.arduino.cc/en/dmca-policy.

16. Indemnification

16.1 User shall indemnify and hold harmless Arduino, its Affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to User’s breach of these Terms or access or use of the Platform or Services.

17. Disclaimer

17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARDUINO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, EXCEPT WHERE SUCH LOSS OR DAMAGE IS DIRECTLY ATTRIBUTABLE TO ARDUINO’S FAILURE TO EXERCISE REASONABLE CARE AND TO COMPLY WITH ITS LEGAL OBLIGATIONS. EXCEPT FOR ANY MANDATORY QUALITY RIGHTS PROVIDED UNDER APPLICABLE CONSUMER PROTECTION LAWS, YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE.

17.2 EXCEPT FOR ANY MANDATORY QUALITY RIGHTS PROVIDED UNDER APPLICABLE CONSUMER PROTECTION LAWS, NEITHER ARDUINO NOR ANY PERSON ASSOCIATED WITH ARDUINO MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ARDUINO NOR ANYONE ASSOCIATED WITH ARDUINO REPRESENTS OR WARRANTS THAT THE PLATFORM AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PLATFORM AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE PLATFORM AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, EXCEPT WHERE REQUIRED BY APPLICABLE CONSUMER PROTECTION LAWS.

17.3 FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION OR THESE TERMS EXCLUDES OR LIMITS ANY STATUTORY RIGHTS OR WARRANTIES THAT ARE PROVIDED TO CONSUMERS UNDER APPLICABLE LAW, INCLUDING ANY MANDATORY CONSUMER WARRANTIES FOR DIGITAL SERVICES. IF YOU ARE A CONSUMER, YOU ARE ENTITLED TO THE LEGAL RIGHTS AND REMEDIES PROVIDED BY LAW IN YOUR COUNTRY OF RESIDENCE, AND NOTHING IN THIS PROVISION OR THESE TERMS AFFECTS THOSE RIGHTS.

17.4 THE LIMITATIONS AND EXCLUSIONS SET OUT IN THIS SECTION 17 DO NOT APPLY IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY ARDUINO OR IN ANY OTHER CIRCUMSTANCES WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. LIMITATION ON LIABILITY

18.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ARDUINO AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND SERVICES, REGARDLESS OF THE LEGAL BASIS (INCLUDING CONTRACT, TORT, OR OTHERWISE), SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO ARDUINO FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS LIMITATION DOES NOT APPLY IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.2 TO THE EXTENT PERMITTED BY LAW, AND EXCEPT WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, ARDUINO AND ITS AFFILIATES SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND SERVICES, OR ANY BREACH OF ANY OBLIGATION UNDER THESE TERMS, REGARDLESS OF THE LEGAL BASIS (INCLUDING CONTRACT, TORT, OR OTHERWISE), WHETHER OR NOT ARDUINO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.3 THIS SECTION 18 DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO AVOID DOUBT, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY TO UK OR EU CONSUMERS FOR ANY DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT THE LAW DOES NOT ALLOW US TO EXCLUDE OR LIMIT.

18.4 ANY PROVISIONS CONCERNING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IN THESE TERMS ARE NOT APPLICABLE IN NEW JERSEY WITH RESPECT TO PUNITIVE DAMAGES, LOSS OF DATA, AND LOSS OF OR DAMAGE TO PROPERTY.

19. Governing Law & Forum Choice

19.1 For U.S. users: If User is a U.S. resident, then User and Arduino agree that, except as otherwise provided in Section 21, the law governing the Terms, all transactions between User and Arduino, including User’s use of the Platform and the Services, and all Claims shall be the laws of the State of Delaware, without regard to its choice-of-law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In addition, except as otherwise provided in Section 19, or if any Claim is determined not to be subject to arbitration under Section 21, the exclusive jurisdiction and venue for proceedings concerning such Claims shall be the state or federal courts of competent jurisdiction in New Castle County, Delaware.

19.2 For consumers who are in the United Kingdom or European Union: If User is a consumer who resides in the United Kingdom or European Union, then User and Arduino agree that the law governing the Terms, all transactions between User and Arduino, including User’s use of the Platform and the Services, and all Claims shall be the laws of User’s usual place of residence, without regard to that country’s choice-of-law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In addition, the jurisdiction and venue for proceedings brought by consumers concerning any Claims shall be the courts of User’s usual place of residence or User may also bring a Claim in the courts of England.

19.3 For users outside of the U.S. and professional users in the United Kingdom or European Union: If User is not a resident of the jurisdiction referenced in Section 19.1 or is a resident in the United Kingdom or European Union who does not qualify as a consumer, then User and Arduino agree that the law governing the Terms, all transactions between User and Arduino, including User’s use of the Platform and the Services, and all Claims shall be the laws of England and Wales, without regard to that country’s choice-of-law rules or principles but subject to any mandatory provisions of User’s country of residence that cannot be varied by agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In addition, the jurisdiction and venue for proceedings concerning any Claims shall be the courts of England, subject to any mandatory provisions of the law of your country of residence that cannot be varied by agreement.

20. No Waiver; Severability

No waiver by Arduino of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Arduino to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Unless otherwise provided in Section 19 above, if any provision of these Terms, or a portion thereof, is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision or portion shall be eliminated or limited to the minimum extent such that the remaining provisions or portions of these Terms will continue in full force and effect.

21. Dispute Resolution (U.S. Users): Binding Individual Arbitration; Class

Action & Jury Trial Waiver (“Arbitration Agreement”)

This Section 21 shall only be applicable to users located in the United States of America (U.S.).

21.1 Mandatory Binding Arbitration of Disputes

You and Arduino agree that, subject to limited exceptions specified in this Arbitration Agreement, all controversies, causes of action, claims, counterclaims, or other disputes between you and Arduino or you and a third-party agent of Arduino, including those regarding the breach, termination, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement (collectively, “Claims”), whether such Claims arose before, on, or subsequent to you entering into these Terms, will be resolved through final and binding, individual arbitration administered by the American Arbitration Association (“AAA”) instead of through court proceedings. This Arbitration Agreement applies to any existing or future Claims that you have not filed in a court of law or in arbitration prior to the date you agreed to these Terms. You and Arduino agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and Arduino each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

21.2 Class Action/Jury Trial Waiver

You and Arduino hereby waive any right to a jury trial of any Claim and the right to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Arduino agree in writing or unless otherwise permitted by this Arbitration Agreement, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding.Neither you nor Arduino may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. If the parties’ Claim is resolved through arbitration, the arbitrator may not consolidate another person’s Claims with your Claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing Class Action/Jury Trial Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and you and Arduino shall be deemed not to have agreed to arbitrate Claims. This Arbitration Agreement shall survive any termination of these Terms.

21.3 Opt-Out Procedures

You can choose to reject this Arbitration Agreement by sending Arduino a written opt-out notice (“Opt-Out Notice”) within thirty (30) calendar days following the date you first agree to this agreement by mail at via Agostino da Montefeltro, 2 - 10134 Turin - Italy or by email at legal@arduino.cc. If mailed, the Opt-Out Notice must be postmarked no later than thirty (30) calendar days following the date you first agree to this agreement. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Arduino.

21.4 Rules & Procedures

21.4.1 Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case. In the event of a Claim, you and Arduino agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute, you and Arduino agree to send the other party a written Notice of Dispute stating the name, address, and contact information of the party giving notice; the nature of the Claims and the basis for the Claims; and the resolution requested, including any monetary amount, with as much detail as possible so that the parties can gain a sufficient understanding of the Claim. You must send any Notice of Dispute by mail to via Agostino da Montefeltro, 2 - 10134 Turin - Italy or by email to legal@arduino.cc. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. Within sixty (60) calendar days after the Notice of Dispute is received, the parties agree to engage in good faith efforts to resolve the Claim, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the Claim is not resolved within the sixty (60) calendar day period (which period can be extended by agreement of the parties), you or we may commence proceedings as set out in this Arbitration Agreement. Complying with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date any Notice of Dispute is received to the date an action is commenced or the conclusion of the sixty (60) day period described above, whichever is sooner.

21.4.2 If the parties cannot resolve the Claim informally, as provided by Section 21.4.1, User and Arduino agree that all Claims shall be resolved exclusively through individual arbitration, as provided in this Arbitration Agreement, in accordance with AAA’s Consumer Arbitration Rules and Mediation Procedures, including any supplementary rules and fee schedules then in effect and as applicable, except as modified by this agreement (“AAA Rules”). The AAA Rules are available at www.adr.org or by calling +1-800-778- 7879. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

It is the intent of the parties that the AAA Rules, the U.S. Federal Arbitration Act, and federal arbitration law shall apply to this Arbitration Agreement and preempt all state laws to the fullest extent permitted by law.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Arduino S.r.l., legal@arduino.cc, Attention: Legal Department. This letter must be sent at least ten (10) calendar days before you initiate an arbitration proceeding against us. A party that wishes to commence arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. You can contact AAA for more information on how to commence an arbitration proceeding at www.adr.org or by calling +1-800-778-7879. Any arbitration hearings will take place in California, where Arduino resides, in the city or county wherein you reside, or at another mutually agreed location (including by telephone or remote means). Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to this agreement will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

This Arbitration Agreement does not preclude you or Arduino from seeking action by federal, state, or local government agencies under the limited circumstances set forth in this section of the Agreement. You and Arduino also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may request that a Claim be filed exclusively in a small claims court of competent jurisdiction, if the Claim qualifies, by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) calendar days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. Any request to resolve Claims in small claims court shall not be deemed incompatible with or a waiver of any rights under this Arbitration Agreement.

No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.

The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, and unless otherwise prohibited by law, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court shall be stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the parties agree that the federal or state court shall be bound under principles of claim or issue preclusion by the decision of the arbitrator to the fullest extent permitted by law.

This Arbitration Agreement will survive the termination of these Terms or your relationship with Arduino.

21.5 Mass Arbitration Process Requirements

If twenty-five (25) or more similar arbitration demands are presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization (and your Claim is one such claim) (“Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Consumer Mass Arbitration and Mediation Fee Schedule and Mass Arbitration Supplementary Rules. For purposes of this provision, a neutral arbitrator (“Process Arbitrator”) will be appointed to make determinations regarding the administration and management of the arbitration process itself, including the allocation and division of arbitration fees and costs, the sequencing and batching of claims, and the application of relevant rules and fee schedules. If the Process Arbitrator finds that your lawyer or their business partner is directly or indirectly paying or advancing the arbitration fees and costs in a Mass Arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA across all batches should be split evenly between the claimants, on the one hand, and us, on the other hand. The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among the parties in amounts the arbitrator sees fit to ensure a fair division among the parties.

Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Arduino. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Arduino will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Arduino. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise.

If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Arduino will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements.”

Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your counsel and our counsel shall engage in good faith, with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

21.6 Changes to Arbitration Agreement

Notwithstanding anything to the contrary in these Terms, if Arduino changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within thirty (30) calendar days of the date such change became effective, as indicated in the “Last revision” date below, or by not accessing or using the Site. The written notice must be provided either by mail to via Agostino da Montefeltro, 2 - 10134 Turin - Italy or by email to legal@arduino.cc. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Arduino in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

22. DSA-Specific Obligations

This Section 22 shall only be applicable to you if you are located in the EU and in the European Economic Area.

22.1 Communications – Point of Contact for EU Member States’ Authorities, the European Commission, the European Board for Digital Services and for Recipients of the Services

For the purposes of Regulation (EU) 2022/2065 (Digital Services Act), it is possible to reach the single point of contact for the authorities and the recipients of the Services at the following email address: dsa@arduino.cc (“DSA Point of Contact”). Any communication can be delivered to the DSA Point of Contact in Italian and English.

22.2 Updating Our Terms

We shall inform you of any significant change to these Terms at least thirty (30) calendar days in advance to provide you with an opportunity to review them.

22.3 Moderation of the Content, Restrictions Imposed on User and Complaints

Section 15 above is also applicable in case Content shared on the Platform does not comply with EU law.

If we determine that you have clearly, seriously, and repeatedly breached these Terms, by frequently sharing illegal Content and by infringing others’ intellectual property rights, or if we are required for legal reasons, we can suspend or disable your Account for a reasonable period of time or permanently after having issued a prior warning.

We provide User with a clear and specific statement of reasons when we decide to remove or restrict access to the Platform. The statement of reasons that we will provide will include information such as the facts and circumstances for taking the decision, the duration of the restriction, and the violation of the exact law or regulation. If we become aware that illegal content (including code, tutorials or other materials) has been made available on the Platform, we will inform affected users about the illegality, the identity of the content provider, and available remedies.

We will make publicly available, at least once a year, reports on any content moderation that we engage in during the relevant period.

22.4 Notification of Criminal Offences

If we become aware of information indicating a serious criminal offence involving a threat to life or safety, we will promptly inform the competent law enforcement authorities.

22.5 Content Moderation Disputes

If a dispute arises from your use of our platform, you may choose to resolve your individual claim or dispute either in the courts of your country of residence or in the courts of Italy, where we are incorporated.

If a dispute arises with regard to Content moderation disputes, we will offer an additional opportunity for User to resolve it with us via selected out-of-court dispute settlement bodies approved by the Digital Service Coordinator in each country, found here.

Last revision October 29, 2025

Table of Contents