Here below are described the terms and conditions governing the contractual relationship concluded between Micro srl., with registered office in via Raffa Garzia 7 - 09126 Cagliari, VAT no. 01570820926, REA CA132286, email address: microsrl at microsrl.com, herein called Micro, and the Customer for the provision of the services described in the order form.

1. Object of the Contract

The object of the Contract is the supply to the Customer of the Services with the technical and economic characteristics, in the type and with the methods reported on the myfluffymemories.com website and in the Technical Specifications of the Services themselves.

2. Completion of the Contract

The purchase contract for the Services is concluded by correctly completing and sending the order form. This form contains the details of the orderer and the order, the price of the Service purchased, any additional charges, the payment methods and terms, and the existence of the right of withdrawal as well as the consent to the processing of personal data.

When Micro receives the order from the Customer, it automatically sends a confirmation email via website or displays a printable web page confirming and summarizing the order.

The Conditions are not considered effective between the parties in the absence of what is indicated in the previous point.

Micro may modify or simply update, whole or partially, these Conditions. The Customer acknowledges and accepts that any changes to these Conditions will apply to orders sent by Customers after the date of communication of change to the Conditions. The Customer is therefore invited to view the Conditions each time they access the Site and is advised to print a copy for future reference.

The Customer is responsible for the truthfulness of the information provided and recognizes Micro's right to obtain any further information for the purposes of activating the Service, in compliance with current legislation.

In any case of failure to activate the Service, Micro will only be required to return the amount paid in advance by the Customer. It is understood that no interest or charges of any kind will be due on this sum. The Customer acknowledges and accepts that he is entitled exclusively to a refund of the price paid and that he cannot make any request for compensation, compensation for damage or claims of any kind against Micro srl for failure to accept the proposal and in any case for failure activation of the Service. In case of refusal of the proposal, Micro srl will not be required to provide any justification in this regard.

3. Registration

In order to use the features of the Site, Customers must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy (https://myfluffymemories.com/pagina.php?id_pagina= 11) and these Conditions. The Customer is responsible for safeguarding their access credentials.

It is understood that under no circumstances can Micro be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason, of Customer access credentials.

4. Activation and provision of the Service

The Contract with the Customer is concluded upon receipt of the Order correctly completed and sent electronically by the Customer to Micro, together with the payment of the Fee for the requested Services

It is expressly understood that Micro srl is not subject to any general surveillance obligation, it therefore does not control or supervise the behavior or actions carried out by the Customer through the Service or does not control or supervise the information and/or data and/or contents in any case processed by the Customer or by his agents and/or collaborators with the Service itself; in any case, Micro srl is and remains unrelated to the activities that the Customer carries out in full autonomy by accessing remotely via the internet using the Service access credentials. In any case, once the Customer has accessed the Services, he is the sole owner, pursuant to Italian Legislative Decree 196/03, of the processing of any data entered and/or processed through the Service for the entire duration of the Contract and for the 30 (thirty) days following its expiry, even if the aforementioned data is physically entered by Micro srl at the request of the Customer and by the Customer provided to Micro srl for entry.

Micro srl does not assume, under any circumstances, any responsibility for the information, data, contents entered or transmitted and, in any case, processed by the Customer through the Service and in general for the use made by the same of the aforementioned Service and reserves the right to adopt any initiative and action to protect one's rights and interests, including the communication to the parties involved of the data useful to allow the identification of the Customer.

5. Use of the Services and Customer Responsibilities

The Customer undertakes to use the Services with the utmost diligence and in such a way as not to compromise the stability, security and quality of the Services. Micro reserves the right to suspend or terminate Customer's access to the Services if: (i) Customer materially or repeatedly breaches this Agreement or uses the Services for any unlawful purpose; (ii) Micro is required to act in this way to comply with a law or an order of the Authority; (iii) Micro  reasonably believes that Customer's conduct results in harm or liability to another Customer, a third party, or Micro itself; (iv) the Customer introduces unquestionably illicit content through the Services.

The Customer undertakes not to use the Services for illicit purposes and not to violate in any way the applicable national, community and international rules, including regulatory ones. In particular, the Customer undertakes not to enter, and not to cause third parties to enter, links to (i) harmful content(s) (by way of example but not limited to, malware, viruses, potentially harmful software, etc.); (ii) in any way violative, or even potentially harmful, of privacy, copyright and intellectual and industrial property rights, nor defamatory, pornographic, blasphemous or offensive contents, which incite racial hatred, or which may in in any other way damage or invalidate the activity of Micro and/or damage or endanger the image of third parties or of Micro; (iii) containing unsolicited or unauthorized advertising, promotional material, spam. Furthermore, the Customer undertakes not to carry out any acts of computer piracy through the Services or their access to the Internet.

6. Duration of the Contract and renewal

The Contract will have a duration equal to the period of time indicated in the Order Form, starting from the date of its acceptance by Micro srl.

Upon expiration of the Service, it may be renewed by the Customer for an equal period of time by paying the fee indicated on the site.

The Customer acknowledges that after the termination of the Contract it will no longer be possible to recover any data and/or information and/or contents entered and/or processed by him through the Service and undertakes, now and then, to obtain it promptly before the definitive termination of the Contract a copy of such data and/or information and/or contents. In any case, for any case of termination of the Contract, the Customer relieves, now and then, Micro srl from any and all liability for any total or partial loss or damage to data and/or information and/or contents entered and/or or processed by the Customer himself through the Service. Any restoration of data and/or information and/or contents entered and/or processed by the Customer remains the sole responsibility of the Customer, following reactivation of the Service, concluding a new Contract.

7. Obligations and limitations of liability of Micro srl

The obligations and responsibilities of Micro srl towards the Customer are exclusively those defined by the Contract therefore in any case of violation or non-fulfilment attributable to Micro srl, the same is not liable for an amount greater than that paid by the Customer for the individual Service, ordered or renewed, affected by the damaging event. Any other compensation or compensation to the Customer for direct or indirect damages of any nature or type is expressly excluded, now for then.

Micro srl does not carry out any specific backup of the data and/or information and/or contents processed by the Customer through the Service, with the exception of the backup of all the contents of the storage which Micro srl itself, out of its caution, periodically carries out for the purposes of the possible restoration of the Service; this does not, however, relieve the Customer from backing up the data and/or information and/or contents entered and/or processed by him through the Service and from taking all the necessary security measures to safeguard the same. In any case, Micro srl does not offer any guarantee regarding the use of the Service regarding the protection and conservation of the aforementioned data and/or information and/or contents.

Micro srl does not provide any guarantee on the validity and effectiveness, including probative, of the Service or of any data, information, message, deed or document associated with it or in any case entered, communicated, transmitted, stored or in any way processed through the Service itself.

Micro srl does not assume, under any circumstances, any responsibility for the information, data, contents entered or transmitted and, in any case, processed by the Customer through the Service and in general for the use made by the same of the aforementioned Service and reserves the right to adopt any initiative and action to protect one's rights and interests, including the communication to the parties involved of the data useful to allow the identification of the Customer.

It is understood, and the Customer acknowledges and accepts this, that Micro is not liable in any way for damages suffered by the Customer and/or third parties, directly or indirectly, as a result of the use of the Service.

Micro reserves the right to periodically change the Service access credentials which will be promptly communicated to the Customer by sending them to the relevant email inbox.

Micro assumes obligations of means and not of results. Micro cannot be held responsible for any damage, direct or indirect, suffered by the Customer as a result of errors in the data communicated by them to Micro itself. Micro does not guarantee that the Services ordered by the Customer are perfectly suited to particular purposes or in any case to the needs of the same.

Micro srl undertakes to ensure the best functionality of the system, but does not assume any responsibility either towards the Customer or towards third parties for delays, malfunctioning, suspension and/or interruption in the provision of the Service caused by causes not attributable to it, such as by way of example and not exhaustively:

a) fortuitous event, catastrophic events or force majeure; b) act of a third party, also a supplier of Micro srl; c) malfunction or non-conformity of the connection devices with which the Customer is equipped or in any case of those used by the Customer; d) tampering or interventions on services or equipment carried out by the Customer or by third parties not authorized by Micro; e) failures and malfunctions of machines and software, whether owned by Micro or its suppliers.

Without prejudice to the above, Micro reserves the right to suspend or interrupt the provision of the Services to carry out ordinary and extraordinary technical maintenance interventions, undertaking to restore the affected Services in the shortest possible time. In the event of maintenance interventions necessary due to exceptional or unforeseeable events and/or fortuitous circumstances or Force Majeure, Micro will have the right to suspend the Service at any time, in whole or in part, even without prior notice. Furthermore, the Customer agrees and agrees that Micro cannot be held responsible for any damages, direct or indirect, of any nature, suffered in relation to or due to such interruptions.

It is understood that the Customer acts as an independent Data Controller with respect to such data and assumes all obligations and responsibilities connected thereto, indemnifying Micro from any dispute, claim or request made by third parties, judicially or extrajudicially, in relation to these treatment hypotheses. In any case, once the Customer has accessed the Service, he is the sole owner, pursuant to Italian Legislative Decree 196/03, of the processing of any data entered and/or processed through the Service itself.

The Customer declares to possess all the technical knowledge necessary to ensure the correct use, administration and management of the Service and in any case recognizes and acknowledges that the processing of data and/or information and/or contents carried out by him through the aforementioned Service and their subsequent diffusion on the Internet through the Service itself are performed exclusively at your risk and under your responsibility.

The Customer now lends, pursuant to art. 1407 of the Italian Civil Code, your consent so that Micro can assign the Contract to Third Parties and/or transfer to Third Parties, in whole or in part, its rights and/or obligations deriving from the Contract.

8. Suspension of Service

Without prejudice to the application of the following articles, Micro, at its discretion and without the exercise of this right being contested as a breach or violation of the Contract, reserves the right to suspend or interrupt the Service, even without any prior notice in the case in which:

a) the Customer defaults or violates even just one of the provisions contained in the Contract, including those contained in the Micro Services Use Policy;

b) the Customer fails to comply, in whole or in part, with the requests of Micro srl and in any case his behavior is such as to give rise to a well-founded and reasonable fear that he is in breach of the Contract or responsible for one or more violations of its provisions ;

c) there are reasonable reasons to believe that the Service is being used by unauthorized third parties; d) cases of force majeure or circumstances occur which, at the sole discretion of Micro srl, require carrying out emergency interventions or interventions relating to the resolution of safety problems, danger for the entire network and/or for people or things; in this case, the Service will be restored when Micro srl, at its discretion, has assessed that the causes that had led to its suspension/interruption have effectively been removed or eliminated;

f) is requested by the Judicial Authority;

g) if there are justified reasons of security and/or guarantee of confidentiality; In any case of suspension of the Service attributable to the Customer, any action by Micro srl for compensation for damages remains unaffected.

In any case of suspension of the Service attributable to the Customer, any action by Micro srl for compensation for damages remains unaffected. During the suspension of the Service, for any reason, the Customer will not be able to have access to data and/or information and/or contents entered and/or processed by him/herself through the Service. It is understood that in such cases, Micro srl will not be liable for any loss, damage or injury suffered and/or to be suffered by the Customer and/or third parties, whether direct or indirect, foreseeable or unforeseeable, including by way of example and not exhaustive economic/financial losses, business losses, revenues and profits and/or commercial goodwill; the Customer, therefore, acknowledges and accepts that he will have nothing to claim from Micro srl by way of compensation, indemnity, reimbursement or otherwise.

9. Express termination clause - termination for non-compliance - termination conditions

Without prejudice to the provisions of other clauses of the Contract, the same will be considered terminated with immediate effect, pursuant to and for the purposes of Art. 1456 Italian Civil Code, if the Customer:

a) violates the obligations set out in these Supply Conditions, as well as the provisions set out in the documents to which they refer; or carries out, using the Service, any illicit activity and/or transfers all or part of the contract to third parties, without the prior written consent of Micro srl.

From the date of termination of the Contract, which occurs in the cases provided for in this article, the Service will be deactivated without notice. In such cases, the Customer acknowledges and accepts that the sums paid by the same will be withheld by Micro srl as a penalty and Micro srl will have the right to charge the Customer for any further charges that it has had to bear, remaining in any case without prejudice to his right to compensation for any damage suffered.

10. Consumer withdrawal

The Customer, a natural person who requests the provision of a service for purposes unrelated to his professional activity ("Consumer"), has the right to freely withdraw from the Service Order without having to provide any reason, within 14 (fourteen) working days following the conclusion of the relevant contract, pursuant to and for the purposes of art. 52 Consumer Code. The withdrawal may be exercised by the Customer, pursuant to art. 54 paragraph 1 of the Consumer Code, by presenting an explicit declaration of your decision to withdraw from the contract, to be sent, by registered letter with return receipt, to Micro srl., with registered office in via Raffa Garzia 7 - 09126 Cagliari - Italy, before expiry of the withdrawal period. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, lies with the Customer. .

11. Exception to the right of withdrawal.

In any case, it is understood that, with reference to the provision of services, in accordance with the Consumer Code, the right of withdrawal is excluded and cannot be exercised by the Customer after the complete provision of the service, as indicated below, by Micro if the supply itself has begun with the express agreement of the Customer and the latter has accepted to lose the right of withdrawal following the full execution of the service by Micro. The Customer acknowledges and explicitly accepts that the activation of the MyFluffyMemories web space for a pet is equivalent to "complete provision of the service" pursuant to art. 59 of the Consumer Code and agrees to lose the right of withdrawal with the acceptance of these "Terms and Conditions" document.

12. Online Dispute Resolution for Consumers

The consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract stipulated with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

Micro is available to answer any questions sent via email to the email address published in this document.

13. Force Majeure

Without prejudice to the provisions of the previous articles, Force Majeure means in any case (but not exclusively): any natural event, lightning or fire, internal disturbances, government measures, mobilisation, war, terrorist attacks, transport obstacles, strike, lockout , trade disruptions, stagnation in supply, unavailability of one or more staff members (due to illness), epidemics, pandemics, import and export barriers.

Furthermore, Force Majeure is considered to be any malfunction or failure of the internet, data, networks, infrastructures and telecommunications and electricity systems, cybercrime, network attacks, (D)DoS attacks, large-scale information attacks, power outages. electrical, widespread cyber events suffered by Micro or Micro's sub-contractors.

The party experiencing the Force Majeure event will not be deemed to be in breach of this Agreement or otherwise liable to the other party for any delay or failure to perform any obligation (and the time for performance will be extended accordingly) if and to the extent that the delay or failure to perform is due to an event of Force Majeure. This clause does not extend to the obligation to pay any amount due, which must in any case be fulfilled at the end of the Force Majeure event, without prejudice to the provisions of the following article 15.4.

If the Force Majeure event persists for a continuous period exceeding 1 (one) month from the start date, the other party may give notice to the party suffering the Force Majeure event of termination of this contract.

14. Intellectual and industrial property rights

Micro and/or any of its assignees remain the owners of the ownership and economic exploitation rights relating to inventions, programs, texts and works (including software, documentation and written programs, studies, etc.) or anything else that has been conceived, created, developed according to the Services offered to the Customer, who is granted only a limited and non-transferable right of use.

15. Jurisdiction

The parties establish that the Court of Cagliari (Italy) will have exclusive jurisdiction over any dispute relating to the contract governed by these supply conditions.

16. Language

This "Terms and Conditions" document is drawn up in Italian and made available, for information purposes, in English. In case of disparity in meanings or interpretations, only the Italian version will prevail.