Terms and Conditions

1. Definitions

Reserved Area

the area of the Site accessible by using the Access Credentials to the Platform, available to Customers duly activated for the Service.

Activity

the professional activity conducted by each Customer in compliance with applicable and current legislation, in particular loss adjusting, technical assessment and claim documentation.

Customer

any natural or legal person conducting the Activity who, as a professional and in the course of their business activity, registers for the Service and uses it.

Fees

the Service fee paid by the Customer to the Provider for the Functionality, in the form of a subscription or of credits purchased for the processing of the Scans.

Access Credentials

the username and password provided by the Provider to the Customer at the time of Service activation and used by the Customer to access the Platform's Reserved Area.

Duration

the entire period during which the Customer is active on the Service, until they permanently unsubscribe from the Service.

Provider

Replate S.r.l. — Viale Maria Ceccarini Bormann 195, 47838 Riccione (RN), Italy — VAT and tax code 04691470407 — PEC [email protected].

Functionality

the Web Platform Functionality and the Ekua App Functionality (Mobile), collectively considered.

Web Platform Functionality

the service of accessing the Platform via the Site by the Customer using their own devices (computer, tablet, smartphone) in order to create, draft, consult, export and share the Reports, whose features are specified on the Site, as updated from time to time by the Provider, forming an integral part of these GSC.

Ekua App Functionality (Mobile)

mobile application intended for the Customer to capture the Scans with the device camera and upload them to the Platform, whose features are specified in the mobile application, as updated from time to time by the Provider, forming an integral part of these GSC.

Licence

the licence to use the Platform granted by the Provider to the Customer pursuant to article 4 (Licence and Intellectual Property Rights).

Reports

the assessment and valuation documents drafted by the Customer through the Platform, including the Scans, the photographs and the attachments uploaded by the Customer.

Platform

the IT system owned by the Provider through which the Service is provided.

Scans

the three-dimensional reconstructions captured by the Customer with the Functionality, processed by the Platform and anchored to the moment of capture.

Service

the service provided by the Provider under these GSC, composed of and characterised by the various Functionalities selected by the Customer.

Site

the Provider's website dedicated to the product, available at the URL https://ekua.app, through which it is possible to access the Platform's Reserved Area where the Service is provided.

User

any natural person using the Service as customised by the Customer, including the recipient of a sharing link to a Report or a Scan.

Intellectual Property Rights means:

• (i) trademarks (registered and unregistered), business names, signs, trade names, product shapes and packaging, domain names, and any registration or application for such;
• (ii) copyright, related rights, and any equivalent effect rights;
• (iii) inventions (patentable and non-patentable), patents, utility models, designs and models (registered and unregistered), and all related applications;
• (iv) any know-how, trade secrets, technical secrets, technologies, processes, designs, plans, specifications, methodologies, including studies and performance results of products and services, customer and supplier lists, price lists, information on supply sources and costs, offers, and business and marketing plans;
• (v) software (including source codes, object codes, executables, systems, tools, data, firmware) and databases, as well as related documentation.

2. Effectiveness

• 1. These GSC apply to the Customer during the use of the Platform and to the User during the use of the Site.
• 2. By using the Services and the Platform, the Customer declares to have read and understood these GSC and accepts them in full. Furthermore, the Customer declares to have reviewed the privacy policy published on the Site at https://ekua.app/privacy.
• 3. The User, by using the Site, declares to have read and understood these GSC and accepts them in full. Furthermore, the User declares to have reviewed the privacy policy published on the Site at https://ekua.app/privacy.
• 4. The Provider expressly reserves the right to modify and/or supplement these GSC; in such cases, the Customer and the User will be informed of the changes via a message on the Site.
• 5. Certain elements of the Platform may be changed at any time without notice, provided this does not result in an increase in the Fees, a decrease in quality, or a substantial modification of the Platform's functionalities.

3. Service usage

• 1. The Provider undertakes to provide the Service to the Customer, specifically the various Functionalities selected by the Customer from time to time, as provided by these GSC.
• 2. The use of the Service and the Platform requires the availability of a suitable electronic device with an Internet connection by both the Customer and the User; it is not possible to use the Service and/or the Platform, even partially, without an Internet connection.
• 3. To access the Platform and use the Service, the Customer must first be activated for the Service by the Provider.
• 4. The Customer must store the Access Credentials with the utmost care and diligence, adopting all suitable measures to prevent them from being disclosed to, stolen or used by unauthorised third parties.
• 5. The Customer must change the Access Credentials password at least every 6 (six) months, following the relevant procedure indicated on the Site.
• 6. To use the Service, the Customer must access the Reserved Area and the Platform using the Access Credentials.
• 7. If the Customer authorises any third party (including partners, directors, employees and/or collaborators) to access the Reserved Area and/or the Platform and/or use the Platform, they must request the activation of the relevant account from the Provider, which will be activated through a specific procedure; it is understood that access to the Reserved Area and/or the Platform and/or the use of the Platform by the aforementioned third parties will always be under the sole responsibility of the Customer, who shall be liable to the Provider and any other third party in relation to any event, action and/or omission resulting from such access to the Reserved Area and/or use of the Platform.
• 8. To use the Service, after registration, the Customer must perform the necessary settings in the Reserved Area, including (for example): creating the Reports with the details of the claim and of the policyholder; capturing or uploading the Scans and the attachments relating to the inspection; choosing or importing the report templates and drafting the text of the document; generating, where needed, the sharing links that allow the User to consult the Report or the Scan.
• 9. By accessing the Reserved Area, the Customer can modify the Service settings at any time.
• 10. The Customer is solely responsible for the content of the Reports, the Scans and the attachments uploaded to the Platform, as well as for the lawfulness of the processing of the data contained therein towards the data subjects.

4. Licence and Intellectual Property Rights

• 1. With these GSC and for the entire Duration, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable and limited right to access the Reserved Area and use the Platform in accordance with the usage methods expressly allowed by the Platform and governed by these GSC.
• 2. The Customer must comply with any limitations within the Platform without altering the Platform in any way.
• 3. Except as required by mandatory law, the Customer shall refrain, by way of example, from carrying out the following activities: bypassing technical limitations present in the Platform; decoding, decompiling and/or disassembling the Platform, and/or performing partial or full reverse engineering on the Platform; removing or modifying notices related to Intellectual Property Rights as they appear on the Platform.
• 4. The Provider reserves all rights, including Intellectual Property Rights.
• 5. Except as expressly permitted by these GSC, the Customer may not: use the Platform to provide, operate, implement or facilitate any type of activity other than the Activity; use the Platform to develop activities, services and/or products that compete with the Provider's business, the Service or the Platform; allow third-party access to or use of the Platform, except as expressly provided by these GSC; distribute or publish their Access Credentials; use unauthorised or third-party access credentials.
• 6. Under the Licence and these GSC, the Provider does not assign or transfer, nor commits to assign or transfer, any Intellectual Property Rights on the Platform to the Customer.
• 7. All Intellectual Property Rights on the Platform and the Site remain the full and exclusive property of the Provider and/or its successors, as applicable, worldwide and to the maximum extent permitted by each applicable law.
• 8. If the Provider reasonably believes that providing the Service or the Platform and/or the Site, or their use, may infringe third-party Intellectual Property Rights, it may modify or replace them (in whole or in part) without the Customer's consent or obtain a licence from the third party, all at its own expense without additional charges to the Customer.
• 9. The Platform and the Site are protected by national and international Intellectual Property laws.
• 10. Except as expressly authorised and provided by these GSC, the Customer may not reproduce, except as permitted by applicable laws, publish, communicate publicly, transmit, perform, display, distribute, remove, delete, add or otherwise modify the Platform and/or the Site, or create works inspired by or derived from them, commercialise the Platform, or actively participate in its commercialisation.
• 11. The Customer is expressly prohibited from damaging, interfering with or disrupting access to the Platform and/or the Site, or taking actions that could impair functionality or interfere with other Customers' access to the Platform and/or the Site. The Customer shall not use the Platform and/or the Site in an illegal or harmful manner towards the Provider or any third party, including any other Customer.
• 12. The Site's web pages may allow access via links to third-party websites or resources on the Internet; the Provider shall not be held responsible for the actual reachability of third-party sites linked through these links or for any damage that may result to Customers from the content, materials or services offered or obtained by Customers through websites accessible via these links.
• 13. The Customer may not use the Trademark in any way without prior written approval from the Provider.

5. Contacts

For any communication regarding these GSC: Replate S.r.l. — Viale Maria Ceccarini Bormann 195, 47838 Riccione (RN), Italy — VAT and tax code 04691470407 — PEC [email protected] — email [email protected].