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End User Agreement

This End User Agreement (the “Agreement”) is a legal agreement between you and any company you represent (“You”, “Your company” or the “Subscriber”) and Fhoster s.r.l. of via Domenico Azuni 9, 00167 (RM) Italy, CCIAA (Italian Chamber of Commerce) registration at Rome n. 1201656, IVA (Italian VAT) number 09983451007 (“Fhoster”, “we”, “us”, or "our") regarding the terms and conditions for the use of our Livebase service (the “Service”) at the URL www.fhoster.com (the “Site”). Please read carefully this Agreement before continuing registration.

BY REGISTERING TO THE SERVICE YOU AND YOUR COMPANY ACKNOLWEGDE AND HEREBY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Disclaimer

By subscribing the Service you accept that the underlying software platform is still partially under development and that it’s believed to contain errors and missing functionalities which will be addressed if and when Fhoster will have time and resources to do that. You also understand that in order to put into production any new version of the software, Fhoster might need to temporarily stop the service for maintenance. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the software and/or accompanying materials.

THE FHOSTER SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF ANY EQUIPMENT OR OTHER SERVICE OR APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Description of Service

Overview
Livebase is an innovative Internet-based service offered by Fhoster to collect, manage and share relational data. When you sign up for our Service, you will be prompted to create a password protected account (the "Account"), in which you will be able to create, customize, manage, and administer database applications through Internet access to Fhoster's proprietary software and architecture, including the Dashboard and the Engine Designer (hereinafter, "Livebase Platform").

You can connect to the Service using any Internet browser supported by the Service. You may use the Service and the custom applications that you build with the Service for your personal and business use or for internal business purpose in your company. The custom applications that you build with the Service can be shared with and used by any authorized third party under your responsibility.

You may use the Service to interactively create application engines (“Engine” or “Engines”) simply by drawing UML-based diagrams. These Engines can be installed in several virtual servers (“Cloudlet” or “Cloudlets”) that you can create and manage (e.g., start, stop, backup, delete, etc.), and administer by granting access to third parties (Cloudlet “Member” or Cloudlet “Members”).

Engine management
You can archive the Engines created with the Service in a private library (“Library”) of ready-to-run engines. Engines in the library can be extended and reused at any time.

You can choose to share some of the Engines in your Library with other Livebase users, by publishing and making them visible to Livebase users. You can install and use a publicly available Engine in any of your Cloudlet, provided that you have enough available resources to run it. If any of your publicly available Engines gets used, you will not be charged anything ever.

Cloudlet management
The number of Cloudlets that you can create on your Account depends on your subscribed profile plan. Every Cloudlet has a dedicated URL and is immediately available on the Web. In order to start a Cloudlet and grant access to its Members, you must configure it with an Engine and a database.

You can configure a new Cloudlet with a newly-created Engine or by re-suing an existing Engine. The existing Engine can be copied from another Cloudlet, chosen from your private library or among the public Engines published by other users.
When an Engine is deployed onto a Cloudlet, the Service automatically creates (by means of a code generator) a relational database compatible with the Engine and a set of applications that allow you and the authorized Members to collaborate by concurrently querying and updating the underlying database.

The Cloudlets you create on your Account are considered your personal property. You are responsible for managing and administering your Cloudlets. As a Cloudlet owner, you can authorize Members to login directly and only into the Cloudlet by creating Members’ accounts. You define Members’ profiles by granting and/or revoking Members administering permissions, including the ability to create new Members.

Every Cloudlet uses limited resources (e.g., the number of Members, the number of objects stored in the database, the data traffic generated in a month by you and the other Members, etc.). The set of available resources comprised in your Account varies depending on the profile plan purchased. You can distribute your resources across your Cloudlets as you want.

Based on the profile plan that you subscribed, you may have at your disposal a wide variety of tools that allows you for example to back up, restore and clone your Cloudlets, download and upload the corresponding database, etc.
You have the right to move data and applications across the Cloudlets that you own. The Service automatically checks the compatibility between the applications and the databases.

Dropping an Engine onto a Cloudlet or making some changes in the Engine of a Cloudlet may result in some incompatibilities between the generated applications and the underlying database. In this case, the Service displays a wizard that guides you through the applicable options for adapting the database to the applications. The Service also warns you if the adaptation process causes data loss and prevents you from starting the Cloudlet in case of massive data loss.

Subscription to Service
You must create an Account to use the Service. Your Account is password protected. At any time you can change the password. You are solely responsible for the security and confidentiality of your password and login ID.

You access the Service by pointing an Internet browser to the URL of the portal that provides the Service. You use the Service through a Web-based SSH connection. The SSH protocol protects your information using both server authentication and data encryption, ensuring that your data is safe and secure.

You can create with your Account new Cloudlets and manage/administer Cloudlets created in previous sessions, provided that you have enough available resources in your profile plan.

Member access to Cloudlets
When you create an account for a Cloudlet Member, you specify a login ID and an email address for the Member. A temporary password is automatically generated by the Service and forwarded to Members via email to Members’ email address. Members are solely responsible for the security and confidentiality of their password and login ID. Members can change their password at any time.

Members access directly (and without using the Service) to their Cloudlets via SSH by pointing an Internet browser to the URL of the Cloudlet’s homepage. Members login in with their ID and password. Members are restricted to use the applications, and view and/or modify portion of the data of only their Cloudlets, based on their profiles.

Cloudlet Members Agreement

You are responsible for all activity conducted by Members and occurring under your Cloudlets. You agree that Fhoster will not be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) that result from Members’ use of your Cloudlets.

You agree to maintain current and complete agreements with Cloudlet Members for what it concerns the use of Cloudlets’ applications and the disclosure and modification of the information stored in the underlying databases. With these agreements you ensure that any use of your Cloudlets by Members is in accordance with the terms of this Agreement, and that you obtain from Members the following consents that are required for Fhoster to perform the Service under this Agreement:

Cloudlet contents

Proprietary rights
Fhoster acknowledges that any and all contents provided by you and the Cloudlet Members to the Cloudlets created with your Account are owned by you, except as specifically granted to Cloudlet Members in connection with their use of the Cloudlets.

Responsibilities
You are solely responsible for any and all the contents provided by you and the Cloudlet Members to the Cloudlets created with your Account. You have the right to claim against the Members responsible for violations of the applicable regulations and policies described in this Agreement.

You acknowledge and agree to bear all costs charged to Fhoster following the publication, even if accidental, through one of your Cloudlets, of content that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Some jurisdictions require the explicit consent from individuals to publish and use personally identifiable information, as well as the compliance with laws, rules and regulations. You will abide to all the laws applicable to the subject matter and warrant the compliance to all applicable laws as part of the agreement with Cloudlet Members for their use of your Cloudlets.

Unlawful or prohibited contents
You agree that you and the Members of your Cloudlets will not use the Service to post, send and receive messages and material that are not proper and related to the Service. By way of example, and not as a limitation, you agree that you and the Members of your Cloudlets will not:

Fhoster has no obligation to monitor the Service. However, Fhoster reserves the right to review materials posted and to remove any materials in its sole discretion. Fhoster reserves the right to terminate your access to the Service at any time without notice and to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials or other appropriate third parties.

Service and Cloudlet Security

Your access to the Service is password protected. We do not maintain a copy of your password. We only maintain the result (digest) of an irreversible operation applied on your password (secure hash). This operation is applied to your password every time you log into the Service and start a new session. The result is compared for identification purposes with the digest stored as feedback. A similar technique is applied to authenticate Members access to Cloudlets. This technique prevents that your password and the Members’ passwords could be stolen by an unauthorized third party accessing the servers.

The database for each individual Cloudlet is separated from the database of every other Cloudlet. Databases are managed by using a Relational Database Management System (“RDBMS”), widely used by private and public organizations and providing high-level of security and reliability. Database access is also password-protected. This password is uniquely obtained from your identification code, by applying the technique described above.

All data managed by the Service is mirrored on multiple devices in order guarantee the reliability of the Service. Furthermore, daily data back-up is performed on multiple and separate devices to prevent data loss.

The Service is hosted on highly reliable, secure and redundant servers, located in Europe for EU resident users, and in the United States for not EU resident users. Servers are located in modern location facility, delivering multi-level physical security for mission-critical Internet operations. Servers are heavily guarded both physically and electronically to prevent interference or access from outside intruders.

You are solely responsible for safeguarding access to your Account. You are responsible for choosing a strong password to lower the risk of predictability. In case of loss or accidental disclosure of your password, you agree to notify Fhoster promptly by exhibiting a copy of a valid identity document.

Profile plans

You need to subscribe a profile plan to use the Service. Each profile plan comprises a set of resources described as follows.

Resources can be distributed across your Cloudlets. The Service offers a variety of subscription plans (“Plan” or “Plans”) that differ for the quantity it grants for each of the resource types listed above (numCloudlets, numMembers, numObjects, mbStorage, mbTraffic). If you exceed the number of resources you have purchased, some of the functionalities offered by the Service will not be available until you re-distribute the resources in your resource set among your Cloudlets or upgrade your subscription plan.

You can upgrade your subscription plan to any of the premium plans, at any time. You can also purchase additional resources in each of the category described above. For any purchase you will be billed consequently.
The default plan assigned to you when you subscribe to the Service is the Free Plan. The Free Plan comprises a limited set of resources allowing a personal / evaluation use without paying any fee. You can upgrade your Plan and extend each by purchasing additional resources at any time.

Fhoster at its sole discretion may distribute invitations vouchers for promotional purposes. If you use an invitation voucher to subscribe to the Service, you will be granted a credit. The invitation voucher is non-transferrable, non-refundable and non-cumulative. The credit it grants is only intended to let you, as a new customer, test and evaluate premium plans or extend the resource set with additional resources, without paying any cash or providing any billing information until the credit is entirely consumed, and without any obligation to keep those services afterwards.

Warranty Disclaimers

FHOSTER DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SERVICE, AND THE SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. FHOSTER CANNOT ENSURE THAT FILES CONTAINED OR DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. FHOSTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FHOSTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Fhoster disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Fhoster users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site and our Service. Fhoster is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Fhoster at info@fhoster.com. Fhoster may investigate the claim and take appropriate action, at its sole discretion.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL FHOSTER BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF FHOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assumption of Risk, Indemnity
By accessing our Site and using our Service, you acknowledge and agree that you are using our Service at your own risk. You further acknowledge that the availability of Service access and response time may vary due to, without limitation, network traffic condition, User system performance, third-party website system performance, Fhoster system performance, and numerous other factors. You agree to indemnify and hold Fhoster, its affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and our Service, including your use of the Site to provide a link to another site or to upload content or other information to the Site.

Termination; Damages
If you breach the terms of this Agreement, Fhoster reserves the right to consider the contract rescinded as per article 1456 of the Italian civil code, without prejudice to the full right of recompense for the damage and of payment of the considerations for the Service provided. You agree that monetary damages may not provide a sufficient remedy to Fhoster for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations.

Consumer's Right of Withdrawal
A User (as a natural person) entering into the present contract for purposes not connected with her professional activities is entitled to the right of withdrawal without penalty and without specific reasons, to be exercised by means of registered letter with delivery receipt, sent to Fhoster, Via Domenico Azuni 9 00196 Rome, Italy (fax +39-06-39367865, email: info@fhoster.com) within ten working days of conclusion or of the information being communicated as per article 5 of Italian Legislative Decree 185/99. In the absence of such communication, the right of withdrawal may be exercised up to three months after the date of conclusion of the contract. It is also possible for the withdrawal to be communicated, within the time limits referred to above, via telephone, fax, e-mail or telegram, subject to confirmation via registered letter with delivery receipt within the following 48 hours. The right of withdrawal may not be exercised if the Service is activated in advance of the expiry dates specified under this paragraph. You give us explicit authorization to activate the Service in advance of the expiry dates specified above.

Miscellaneous
This Agreement represents the entire and integrated agreement between you and Fhoster regarding the subject matter hereof. The Terms and Conditions of the Site and the Privacy Policy are incorporated herein by reference. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

The waiver by Fhoster of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of any other provision of the Terms of this Agreement.

This Agreement shall be governed by the substantive law of the Rome, Italy, without reference to any choice-of-law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to this Agreement shall be submitted to the courts having jurisdiction in Rome, Italy, and the parties consent to the personal jurisdiction of such courts with respect to such disputes. The competent court shall be that of the place of residence or elective domicile of the User when the latter is to be considered a consumer under article 3 of Italian Legislative decree 206/05.

In any action incurred to enforce this Agreement or defend Service provided according to the Agreement, the prevailing party shall be entitled to reasonable attorney's fees.

This Agreement may be amended, modified, or deleted at any time with or without notice to you at the sole discretion of Fhoster. In the event there is a material change made to this Agreement, we will use commercially reasonable efforts to notify you of the change, provided that you have a workable email address in our system. Whether or not the change is material is within the sole discretion of Fhoster.

Pursuant to and in accordance with articles 1341 and 1342 of the Italian civil code, you represent that you have carefully studied and considered each and every provision of this Agreement and hereby explicitly and specifically approve each such provision.

I HAVE READ, UNDERSTAND AND AGREE

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