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Terms and Conditions of app.piko.equipment

This document contains the general terms and conditions governing the sale by the Provider of the Piko application; the use of the Application is subject to the User’s acceptance of these Terms.
The Provider may modify the Terms at any time, and the applicable Terms are those in effect at the time of the Product purchase.

 

1. Definitions

To fully understand and accept these terms and conditions, the following terminology, used in both singular and plural forms, will always have the same meaning:

  • Provider: Alias Srl, VAT No. IT01648260519, Via Cennano 31, 52025 Montevarchi (AR), Italy, PEC [email protected];
  • Application: the Piko application;
  • Products/Services: goods sold by the Provider, digital products (content and services provided in digital form) sold by the Provider,
    services sold by the Provider;
  • Website: the website https://piko.equipment in all available pages and languages;
  • User: any person who accesses and uses the Application;
  • Professional User: the legal entity that enters into a contract with the Provider to obtain benefits for its business;
  • Content: any text or multimedia element present on the Application, such as documents, announcements, listings, reviews, images, etc., uploaded by the User or already present on the Application;
  • Conditions: this contract, which governs the relationship between the Provider and the Users and the sale of Products offered by the Provider through the Application and/or the Website;
  • Asset: the minimum unit managed by the Application, as specified in the following article 2 of these Conditions.

 

2. Information on the functioning of Piko

Piko is an Application that allows the digital management of documents for construction equipment (machines and smaller tools), organizes the information, and makes it available to the Users also through QR codes.

Specifically, Piko uses artificial intelligence (Document Intelligence and Question Answering for Document) to read and recognize documents such as user manuals, insurance certificates, etc., organize the files, and associate them with the correct machine profile on the Application; the profiles managed by the Application will be considered Assets: each Asset corresponds to a specific serial number or, in any case, to a specific machine for which there is a profile on the Application, regardless of the presence of documents associated with it and/or QR codes activated and linked to it; the system also allows Users to create a link between specific Asset profiles on the Application and the machines using QR codes generated by the Application itself, allowing Users to access documents such as operating manuals through their smartphone, and/or to access, through a login procedure, private information such as insurance certificates.

It is understood that all functionalities included in the Application will be provided as part of the Provider’s Software-as-a-Service offering and that no physical copies of the software will be provided.

The Provider reserves the right to modify, at its discretion and at any time, the graphical interface of the Application, the Content and its organization, as well as any other function or detail that characterizes the management and functionality of the Application, providing the User with the relevant instructions if necessary.

 

3. Purchase of QR Codes on Piko

All Products sold through the Application are described on the Website (features, availability, price,,, costs, etc.).

The purchase of QR Codes on Piko is made through a one-time payment that will be charged to the User at the time of subscription billing.

 

4. How to use Piko

To use the functionalities of the Application, the User must register by providing the data requested in the registration form and accept the privacy policy, the cookie policy and the Terms.

The User is responsible for safeguarding their login credentials.

The User must immediately inform the Provider if they suspect or become aware of any improper use or disclosure of the access data. The User guarantees that the personal information provided during the registration process is complete and truthful and indemnifies the Provider from any damage, compensation, and/or penalty arising from and/or in any way connected to the User’s violation of the Application’s registration rules or the safeguarding of the access credentials.

 

5. Subscription Purchase and Duration

It is possible to purchase Piko or related Products by subscribing to the Service.

The conditions and methods of subscribing to the Service are described in the Application and/or on the Website and/or in a dedicated offer from the Provider.

To subscribe to the Service, the User must follow the procedure indicated in the Application and/or on the Website and/or in any other way communicated by the Provider before subscription and provide the requested information. Subscription fees will be charged in the ways and times specified in Article 7 of these Terms.

The subscription to the Service will renew according to the methods and times indicated in the Terms unless otherwise agreed between the Provider and the User.

After activating the subscription to the Service, it will have a monthly duration and will automatically renew upon expiration unless canceled by the User.

Users can cancel the subscription through the Application in the appropriate section or by sending a communication to the email address [email protected] or by contacting customer service through the contacts indicated on the Website.

 

6. Trial Period and promotions

The User can use the Application for a limited trial period that may be granted free of charge or at a discounted price. Further details and features of the trial period are specified in the Application and/or on the Website.

The User can withdraw from the trial period at any time, without costs, by sending a written communication to the email address [email protected] or by contacting customer service through the contacts indicated on the Website.

At the end of the trial period, if the User has not exercised the right of withdrawal, the subscription to the Service will be considered purchased, and the billing cycle for the amounts due will commence as specified in Article 7.

The Provider reserves the right to modify and/or terminate the trial period at any time, without notice and at its discretion.

N.B. Promotions reserved for certain categories of Users (e.g., members of trade associations, participants in specific events, etc.) are NOT combinable with other offers and/or promotions applied by the Provider.

 

7. Prices / Payments / Changes / Suspensions

For each Product, the price (excluding VAT) is indicated on the Website in the section dedicated to prices. Unless otherwise indicated, the price of the Application is calculated based on the number of individual Assets that the Application will manage each month. The price calculation methods are indicated on the page https://piko.equipment/en/pricing (available in all languages and versions of the Website).

At the end of each month, the Provider will issue an invoice, the amount of which will be calculated based on the number of Assets present in the Application on the last working day of that month.

Unless otherwise agreed, payment for the subscription to the Service will be made by direct debit to a credit card or similar payment method.

Any taxes and/or additional costs will be indicated at the time of purchase; if they cannot be calculated in advance, they will be indicated as expenses to be borne by the User.

The Provider reserves the right to modify the price as well as any additional costs at any time. Changes will not apply to contracts concluded before the modification.

The User agrees to pay the price in the times and ways indicated in these Terms and to provide the requested information. It is the User’s responsibility to ensure that the payment method details provided are correct and up to date.

The Application uses third-party tools for payment processing.

 

8. Methods of Delivery for Physical Products

Physical products (including any tangible goods with digital elements) will be delivered to the address specified by the User in the methods and times chosen and/or indicated in the Application and/or on the Website and/or in any other manner agreed upon between the Provider and the User, as stated in the order confirmation. Unless otherwise specified, the delivery terms stated in the order confirmation indicate the general timeframe required to deliver the Product from the moment the courier takes charge of the shipment.

If it is not possible to provide the requested Products, timely communication will be sent to the User via email indicating the expected delivery time or the reasons preventing delivery.

If the User does not wish to accept the new deadline or if delivery becomes impossible, they can request a refund of the amount paid, which will be promptly returned using the payment method used for the purchase within a maximum of 28 days from the date the Provider became aware of the refund request.

Upon receipt of the Product, the User is responsible for verifying conformity with the order and the integrity of the packaging, and must notify the courier of any visible damage to the packaging and/or the Product. Once the delivery document is signed, the User cannot raise any objections regarding the external characteristics of the delivered Products.

 

9. Delivery Methods for Digital Products and Services

The times and methods to make the Application available and usable to the User after subscribing to a subscription are specified on the Website and/or communicated by the Provider to the User during the subscription process.

If it is not possible to provide the digital Products and/or deliver the Services within the aforementioned terms, the Provider will promptly inform the User via email, indicating the expected delivery time or the reasons preventing delivery.

If the User does not wish to accept the new deadline or if delivery becomes impossible, they can request a refund of the amount paid. The refund will be processed using the payment method used for the purchase within a maximum of 28 days from the date the Provider became aware of the refund request.

 

10. Support

By subscribing to the Service, the User will receive from the Provider the necessary instructions for activation. The Provider will offer User support via telephone, email, and/or other tools.

The methods and timing of support delivery may vary depending on the type of subscription chosen by the User.

 

11. Changes and Updates to Piko

Users acknowledge that the Service provided is a standard service and that the Provider may, at its sole discretion: (i) restructure its network or service components, (ii) change the locations of its hosting centers, (iii) modify and/or replace technologies and/or service architectures, without material degradation of the Application, and (iv) from time to time, provide improvements or updates to the Application’s functionalities, which may include patches, bug fixes, updates, upgrades, and other modifications (collectively, “Updates”).

As the Application evolves over time, such Updates may modify and/or remove certain existing functionalities. In this regard, the Provider has no obligation: (i) to provide Updates; (ii) to continue to provide or enable particular functionalities of the Application to Users. All Updates will be considered an integral part of the Application and subject to these Terms.

 

12. Limitation of Liability and Warranty Disclaimers

The Application is provided “as is,” and the Provider makes no warranties, express or implied, that it will meet the Users’ needs, operate without interruptions, be free from errors, viruses, or bugs.

The Provider endeavors to ensure the availability of the Service 24 hours a day, every day, but cannot be held responsible if, for any reason, the Application is not accessible and/or functional. Access to the Application may be temporarily suspended, without notice, due to system errors, maintenance, repairs, or reasons completely beyond the Provider’s control and/or due to force majeure.

The Provider shall not be liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the Internet outside its control or that of its suppliers.

 

13. Contents and Copyright

The Users assume full responsibility for the Content uploaded by themselves on the Application regarding its legality, compliance with mandatory rules, public order, good morals, compliance with data protection regulations (privacy), and respect for laws protecting copyright or industrial property (Industrial Property Code).

Specifically, the User acknowledges possessing all rights to use the documents uploaded to the Application, indemnifying the Provider from any liability in case of disputes with third parties.

Furthermore, the User acknowledges that some Content they intend to upload may already be available on the Application because it was previously uploaded by the Provider or other Users. In this case, the User’s use of such Content is subject to ownership of all rights as outlined above. The Provider cannot guarantee timely control over received Content and reserves the right, at any time, to delete, move, or modify Content that, in its discretion, is deemed illegal, defamatory, obscene, or otherwise violates the law.

The User grants the Provider a non-exclusive right to use the uploaded Content without territorial limitations. Specifically, the Provider may make available to other Users the uploaded Content of a general nature that does not contain personal, identifying data related in any way to the User and/or their organization.

 

14. Intellectual Property Rights

Texts, documents, trademarks, logos, images, graphics, in any layout or adaptation, are protected by copyright and industrial property rights (excluding Content uploaded by Users as specified in the preceding Article 13). Except for strictly personal use, copying, altering, or distributing any Content present on the Application without the Provider’s authorization is prohibited.

 

15. Privacy and Cookie Policy

The processing of User’s personal data will be carried out in accordance with the Privacy Policy and Cookie Policy, which can be consulted respectively at the following pages: https://piko.equipment/en/app-privacy-policy/ and https://piko.equipment/en/app-cookie-policy/.

The User expressly acknowledges that, with reference to personal data of third parties that may be contained in the documents uploaded to the Application by the User (Content), the Provider is considered the Data Controller pursuant to Article 28 GDPR as detailed in the attached document: https://piko.equipment/en/appointment-of-the-external-data-protection-officer/. Meanwhile, the User is considered the Data Controller.

 

16. Feedback e credits

If the User provides feedback regarding the Application, the Provider is granted a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the feedback. Any feedback that the User chooses to provide is given to the Provider on a completely voluntary basis. In no event does the User have the right to compensation for their feedback, and the Provider may use any feedback provided to improve the Application or develop new features and services.

The User grants the Provider a license to publish the User’s logo and name on the Website and/or in any other context deemed appropriate by the Provider for the purpose of communicating the Provider’s client portfolio.

 

17. Applicable Law and Jurisdiction

These Terms and Conditions are subject to Italian law. Any dispute relating to or arising from these Conditions and/or any other contract relating to the use of the Application by Users and Professional Users, including those concerning the validity, interpretation, performance, or termination thereof, shall be exclusively submitted to the jurisdiction of the courts of the Provider, expressly excluding any other potentially competent judicial authority.

 

Updated on June 19, 2024