Terms of Service.

1. Introduction

Welcome to PragmaTech S.r.l. ("Company", "PragmaTech", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website at https://pragmatech.it, and of our software products and services, including The Lean Platform (TLP) and our Warehouse Management System (WMS) and Manufacturing Execution System (MES) modules (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.

If you do not agree with these Terms, you may not access or use the Service. If you have any questions, please contact us at info@pragmatech.it so we can try to find a solution.

2. Communications

By creating an account or submitting a form on our Service, you agree that we may send you administrative communications relating to your use of the Service, as well as product updates, newsletters, and other marketing materials. You may opt out of marketing communications at any time by using the unsubscribe link included in such communications or by emailing info@pragmatech.it.

3. Subscriptions and Billing

Access to the Service is generally provided under a separately negotiated commercial agreement or order form ("Order Form") between PragmaTech and the customer, which specifies the applicable license or subscription terms, fees, and billing cycle ("Subscription"). Where no separate Order Form applies, Subscriptions are billed in advance on the recurring basis agreed with PragmaTech (monthly or annual).

At the end of each billing cycle, a Subscription will automatically renew under the same conditions unless either party cancels it in accordance with the applicable Order Form or by providing written notice to PragmaTech. You are responsible for providing accurate and complete billing information and for keeping it up to date. Should billing fail to be processed for any reason, PragmaTech will issue an invoice requiring payment within a reasonable deadline specified therein.

4. Fee Changes

PragmaTech may modify Subscription fees, subject to any minimum term commitments in an applicable Order Form. We will provide reasonable prior written notice of any fee change to give you the opportunity to review it before it takes effect. Continued use of the Service after a fee change becomes effective constitutes acceptance of the new fees.

5. Refunds

Refunds, if any, are governed by the terms set out in the applicable Order Form or commercial agreement between you and PragmaTech. In the absence of a specific agreement, fees paid are non-refundable except as required by applicable law.

6. Content

The Service allows you to upload, store, and process data, documents, and other materials ("Content") in connection with your use of the Service, such as warehouse, inventory, and production data. You are solely responsible for the accuracy, quality, and legality of your Content and of the means by which you acquired it.

You retain all rights to your Content. You grant PragmaTech a non-exclusive, worldwide, royalty-free license to host, copy, transmit, and process your Content solely to the extent necessary to provide and support the Service to you, for the duration of your use of the Service.

7. Accounts

When you or your organization create an account with us, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at info@pragmatech.it upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, suspend or terminate accounts, or restrict access to the Service, at our reasonable discretion, in particular in the event of a breach of these Terms.

8. Intellectual Property

The Service and its original content (excluding Content provided by users), including but not limited to The Lean Platform (TLP), our WMS and MES modules, software architecture, logos, and documentation, are and will remain the exclusive property of PragmaTech S.r.l. and its licensors. The Service is protected by copyright, trademark, and other applicable laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. Acceptable Use Policy

You agree not to engage in any activity that seeks to test, scan, probe, or circumvent the security or authentication measures of the Service, including any form of penetration testing, vulnerability scanning, or performance/stress testing, unless explicitly authorized in writing by PragmaTech. We reserve the right to suspend or terminate your access to the Service if you engage in activities that violate this policy or pose a threat to the platform's security.

You agree to indemnify, defend, and hold harmless PragmaTech from any claims, damages, or losses arising out of or relating to any unauthorized testing, probing, or security-related actions taken by you or through your account.

If you believe you have discovered a security vulnerability, please responsibly disclose it to us at info@pragmatech.it without exploiting or testing the issue further. We appreciate responsible disclosure and may recognize your contribution appropriately.

10. Error Reporting and Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, or other matters related to the Service ("Feedback") by contacting info@pragmatech.it. You agree that: (i) you will not retain, acquire, or assert any intellectual property right in the Feedback; (ii) PragmaTech may already be developing similar ideas independently; (iii) Feedback does not contain confidential information belonging to you or any third party; and (iv) PragmaTech is under no obligation of confidentiality with respect to the Feedback. You grant PragmaTech an irrevocable, perpetual, royalty-free, worldwide license to use and incorporate the Feedback in any manner and for any purpose.

11. Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by PragmaTech. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We advise you to review the terms and privacy policies of any third-party websites you visit.

12. Disclaimer of Warranty

THE SERVICE IS PROVIDED BY PRAGMATECH ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRAGMATECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. PRAGMATECH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. NOTHING IN THIS SECTION AFFECTS ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR ANY WARRANTIES EXPRESSLY SET OUT IN AN APPLICABLE ORDER FORM OR COMMERCIAL AGREEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRAGMATECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, EVEN IF PRAGMATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LIABILITY CANNOT BE EXCLUDED, PRAGMATECH'S TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS OTHERWISE AGREED IN AN APPLICABLE ORDER FORM.

14. Termination

We may suspend or terminate your access to the Service, in whole or in part, if you breach these Terms, subject to any notice or cure period set out in an applicable Order Form. You may terminate your account or Subscription in accordance with the terms of your Order Form or by discontinuing use of the Service.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. Changes to Service

We reserve the right to modify, suspend, or discontinue the Service, or any part of it, at our discretion, subject to any commitments made in an applicable Order Form. We will not be liable if all or part of the Service is unavailable at any time or for any period, except as otherwise provided in a service level agreement.

17. Amendments to Terms

We may amend these Terms from time to time by posting the amended version on this page and updating the "Last Updated" date above. Your continued use of the Service after any revision becomes effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

18. Acknowledgement

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

19. Contact Us

If you have any questions about these Terms, please contact us at info@pragmatech.it.