Claider

Terms and conditions of use

The policy:

The Policy is the insurance contract stipulated between the Insurance Company and the Contractor in which all the contractual conditions are described, and any specific clauses are specified.

The claim:

The claims report is the communication that must be made to the insurer when an accident occurs that describes what happened and what damage occurred to the insured goods, also it is necessary to activate the policy that leads to obtaining the possible compensation provided by the insurer.

Other services related to the claim.

as an example and not exhaustive, other related services are:

Expertise, video play, remote expertise

The report is the final result of a technical investigation that shows the analysis of the policy and the pre-contractual declarations, the reconstruction of the dynamics of the accident and the esteem of the damages that has occurred. The Expert can make use of on-site inspections or remote guided inspections (video) or remote analysis without inspection (remote inspection).

The reconstruction of road accidents:

The reconstruction of road accidents assesses and reconstructs the dynamics of a traffic accident based on technical surveys, with on-site inspections or remotely and/or with comparative analyses, carried out with dedicated software or crash-test databases or other.

The Evaluation of Authenticity / Economic Assets (expertise):

Expertise is the expertise of an expert regarding the authenticity and/or value of an asset such as works of art.

The Repair in Specific Form:

The insurance company, in the management of the reported claim, can provide, in terms of policy or economic compensation of the damage, or at the restoration of the same not matching money but offering the necessary service to repair the damaged property by sending it directly to a technician, craftsman or other qualified professional who is contracted to carry out the necessary repairs or indicating repair centers and restoration of goods or car body shops.

Subjects involved in the policy, the report, the appraisal and the services connected to it:

The subjects involved are:

Beneficiary

contractor

Insured 

Damage

The insurance company, insurance brokers, agents, brokers, sub-agents, ancillary intermediaries, employees and collaborators of such subjects; more generally those who commercially treat your policy and who takes care of the accident and after-sales assistance.

Experts and technicians involved in the technical and economic assessment of the claim, appointed by the Insurance Company or the Insured

The other subjects to whom your data may be transmitted are only those involved in the process that comes from your complaint of the claim made with Claider. By way of non-exhaustive example, these subjects are: valuation experts, insurance experts and surveyors, artisans and repair companies, post-accident remediation companies, lawyers or other professionals appointed by one of the parties involved, road accident reconstructors, others subjects belonging to the insurance sector and / or related and included in the insurance claim etc …

  1. General terms and conditions of use of the Claider System / Business User service

The terms and conditions set out below in Articles A1-A11 (“Terms and Conditions”) constitute a legally binding agreement for each Business User whether they are a physical person and/or legal entity that qualifies such as: direct insurance company, broker insurance agent, insurance agent, expert or owner of an expert company, holder or manager of collective insurance policies, condominium administrator, other subjects belonging to the insurance sector and/or related, previously identified through the Claider System (“Business User”), which use the Claider system.

 The Claider system is the set of services offered by Flowsoft S.r.l. composed of:

-App Mobile downloadable online from official stores (“Store”), identified as CLAIDER

-Web Application reachable via web at my.claider.net identified as ClaiderNET

from now on defined as “Claider System.”

The Claider System is the set of services offered by Flowsoft S.r.l. for the guided and interactive management of claims reports by the private owner of the insurance policy as well as for the management and archiving of insurance policy data, including the management of insurance claims, quotes, communications and other claims related services by the Business User.

With the download, access and/or use of the Claider System, the Business User accepts and agrees to comply with these contractual Terms and Conditions which are legally binding in the relationship between Flowsoft S.r.l. and the Business User. If the Business User acts in the name and on behalf of a legal entity or an entity, he confirms from now on having all the authorisations and powers and rights necessary to commit the aforementioned legal entity or entity validly. If the Business User (or the legal entity or entity on whose behalf he acts) does not entirely agree with the Conditions of the service is not authorised to download, access and/or use CLAIDER and to proceed beyond the members’ area of Claider Net.

The holder for the treatment of personal data collected through the Claider System is Flowsoft S.r.l. (“Holder”)

The personal data of the individual user, who has reached the age of consent and is the owner of one or more insurance policies, previously identified through the Claider System (the User), if they have not previously been uploaded by the user who already uses the Claider System Mobile App and Web Application services they can be uploaded to the Claider System by the Business User. It is however understood that the Business User, where previously authorised by the private user to the processing of their personal data will remain the owner and responsible for personal data collected and uploaded and/or transferred to the Claider System, except in the case where the user decides to take advantage of the services of Mobile App and Web Application of the Claider System made by Flowsoft Srl for the individual user. In the latter hypothesis, also the personal data of the user collected, loaded and/or transferred by the Business User on the Claider System will be processed by Flowsoft S.r.l. as the owner of the personal data processing while the business user will be responsible for data processing within the limits and for the purposes set out in Legislative Decree 30 June 2003 no. 196 and to the EU Regulation 2016/679 of the European Parliament and of the Council.

For all other purposes Flowsoft S.r.l. is the holder of personal data.

Article A1. CLAIDER

CLAIDER offers the User a series of free services for formulating a fast and straightforward way. The system is  interactive and guides you through your insurance claim in the best and most efficient way possible using a mobile device (such as a smartphone, a tablet, etc.); it also offers the possibility to compose the best possible claim accompanied by all the information, photos and documents relating to the dynamics and causes and damage suffered, according to one of the different guide models included in the software application of the Claider System, for the purpose of the filing of the complaint with reference to insurance policies concerning the User as a contractor, insured or also a beneficiary of the insurance policy.

At the end of the complaint process, it is possible to receive the text of the complaint by mail to send it to your insurance company and/or insurance agent/intermediary.

A1.2

The Web application offers the Business User a series of modular services, aimed at improving the management of the customer portfolio within the company’s business.

In particular:

1 – support for the management of policy contracts in its customer portfolio;

2 – support for the management of claims occurring on their customers’ policy contracts (claims reported by the User), which have downloaded CLAIDER free of charge from the online store of the operating system operator of their mobile device);

3-support for the commercial management of the policies of its customer portfolio.

Article A2. Terms and conditions

These terms and conditions govern how the Business User uses the services available on the Web Application and the App Claider as well as on the websites www.claider.net and business.claider.net. By using the Web Application, the Business User agrees to comply and be legally bound by these conditions even if it is not already a registered user.

A2.1 Subscription services

To access the Claider System services, the Business User must first register as a user, entering their data, and then proceed with the creation and registration of an account under Article A3 of these Conditions. After registering your Account, the Business User can start using the required Claider System services.

More detailed information regarding the duration of the subscription, the package of services offered and the payment methods can be found on the business.claider.net website in the dedicated area. For Business Users not yet registered any information on the duration of the subscription, on the package of services offered by the Claider System and the related payment methods can be requested via e-mail by sending a communication to the following address: support@claider.net

Flowsoft may at any time decide to suspend and/or block access to the Claider System services and the Business User Account for Web Application maintenance and/or to prevent any abusive use of the Claider System services

The services offered by the Claider System, available on Mobile Devices must not be used if the Business User is driving a vehicle.

Flowsoft reserves the right to modify or extend the Claider System services at any time through updates or subsequent releases aimed at improving the services offered by the Claider System, in compliance with these general terms and conditions.

A2.2 Trial period and demo

The Business User will have the possibility, before signing the chosen service package, to try the demo version of the Web application (more detailed information regarding the package of services offered can be viewed at business.claider.net).

A2.3 Invoicing

The services chosen by the Business User will have a fixed cost and depending on the number of services selected, the monthly subscription fee will be calculated.

More detailed information regarding the duration of the subscription, the package of services offered and the payment methods can be consulted by the Business User registered on the business.claider.net website in the members’ area.

The subscription fee will be debited monthly and in advance through the credit card circuit chosen by the Business User through the payment section in the Web Application, on the day corresponding to the beginning of the subscription payment period, without prejudice to the application of the general terms and conditions established by the payment system linked to the payment card in the User’s Business property (“Payment Method”). The payment date may change if the paid subscription starts on a day not present in a given month. The history of payments made and the time of the next payment will be available in the payment section in the Web Application.

The Business User can change the payment method by visiting the payment section in the Web Application. If a charge was not successful due to lack of funds or for any other reason, and the Business User had not updated the payment method or communicated his/her cancellation, Flowsoft S.r.l. reserves the right to suspend the access of the Business User to the Services until the Business User has made the payment and/or communicate a new valid payment method. If the Payment Method is updated, the Business User authorises to debit the updated Payment Method and will be responsible for any outstanding amounts.

Flowsoft S.r.l. provides for issuing a regular invoice for the services provided to the Business User on a monthly basis.

Flowsoft S.r.l. does not assume any responsibility for the amounts and/or charges and/or commissions that may be charged to the Business User by the subject-owner of the payment methods and their management. To this end, the Business User is invited to contact the owner of the payment method chosen by the Business User.

The subscription has an annual duration and is tacitly renewed. Flowsoft s.r.l. will send 60 days before the expiry date of the annual subscription signed by the User Business a communication concerning the expiry and the tacit renewal. From that date and up to 30 days before the end of the subscription, the Business User will be entitled to cancel the subscription by registered mail with return receipt to be sent to Flowsoft s.r.l. Via Gabrio Serbelloni, 11 20122 Milan.

A2.4 Cancellation

Business Users may decide to suspend their users at any time thus ceasing to use the services offered by the Claider System without additional costs and charges and continuing to have access to the same services until the end of the monthly billing period that the Business User will have already paid. To the extent permitted by applicable laws, payments are non-refundable. The user suspension functionality is available within the payment section in the Web Application.

In case of cancellation of the subscription or suspension of the account the Business User will no longer have access to the Claider System Services, without prejudice to the option of Flowsoft S.r.l. to keep the data provided by the Business User and/or related to the Account for a period not exceeding 12 months from termination or termination of relations and in any case, in compliance with current legislation. Business Users may request to reactivate their Account re-establishing the ordinary course of payments through the appropriate functionality in the payment section in the Web Application, however Flowsoft Srl does not guarantee the permanence of Business Users data for which Flowsoft S.r.l. has had to limit, cancel, suspend or transfer upon request of the Private User or in accordance with the provisions of the applicable law.

A2.5 Changes to the costs and services offered

Flowsoft S.r.l. reserves the right to modify or extend subscription costs and/or services provided by the Claider system at any time, through updates or subsequent releases, proposing them to users on the Web Application, communicating such changes 60 days in advance of the same date. Upon the occurrence of one of these hypotheses, the Business User will have the right to terminate the subscription to the Claider System services subscribed at no cost and / or additional charge, according to the methods provided for by these Terms and Conditions, without prejudice to the User’s right Business to continue to use the Claider System services for which it has previously signed a subscription in compliance with these Terms and Conditions.

Flowsoft S.r.l. also reserves the right to send to the User Business service announcements, administrative messages and other update information.

Article A3. Register and create an account

The Business User who wishes to use the services made available by the CLAIDER System must follow the instructions provided for the collection of their personal, company and corporate data as well as those relating to other personal documents (such as: Identity card, driving license, passport, insurance policy, vehicle booklet … etc.) for the purposes of registration and creation of a user profile both in relation to the Business User and to its customers and/or collaborators. After completing the registration process, the Business User has a personal account to access which he must use the password chosen during registration and for which he is responsible (“Account”).

To protect your Account, it is advisable to keep your password confidential and not to use it for the use of applications other than those offered by the Claider System.

The Business User, to guarantee the security and veracity of the data provided for the creation of the Account, undertakes to:

  1. a) not provide false personal information, including false names, addresses and contacts or create an account on behalf of another person other than the business user, aware of the criminal sanctions referred to in art. 76 of the D.P.R. 12/28/2000 n. 445, in case of false declarations and training or use of malicious deeds;
  2. b) not to attempt to circumvent the security measures of the CLAIDER System by violating the network, using the Services for purposes unrelated to their intentions, to undertake any illegal activity in connection with the use and/or services offered by the Claider System;
  3. c) not to share your password or allow other people to access your Account or perform any other action, even by third parties, which could endanger the security of your Account;
  4. d) ensure that data, communications and content sent, through or in connection with the CLAIDER System do not violate the law, the rights of any person or entity, and/or that do not contain false, libelous or defamatory information, and/or any element that also constitutes a violation of the legislation on copyright and/or on the processing and free circulation of personal data protection.

The Business User undertakes to communicate promptly any variation of their data and information, updating them in their Account.

Business Users can deactivate their Account at any time and will no longer have access to the services offered, recognising and consenting to the use of their data according to the terms of the privacy policy and/or the applicable cookie policy

Flowsoft S.r.l. will be able to monitor all data and content uploaded by the Business User on the Claider System and remove them if uploaded and/or published in violation of these Terms and Conditions, or Use, without prejudice to any other solution applicable by law.

In the event that a third party and/or another Business User should request the removal of content concerning him, present on the Business User Account, justifying his request on the basis of an alleged violation of the information on the treatment and free circulation of personal data in accordance with current legislation (Legislative Decree 196/2003 and Regulation (EU) 2016/679) on the protection of personal data, or for any other valid reason, Flowsoft Srl reserves the right to limit, block or remove, temporarily or permanently, the content and/or data object of the third party present on the Business User Account and/or the Claider System, after informing the interested Business User .

Article A4. costs

The use of the CLAIDER System and the related Services is governed by the subscription conditions, except for internet data traffic whose values will be those deriving from the application of the tariff conditions applied by the telephone operator or the provider of the data connection of the User Business User.

The details of the packages offered and the related costs can be consulted in the relevant reserved section on the business.claider.net website.

Article A5. Intellectual property

All rights to the contents (texts, images, user interfaces, audio clips, video clips, etc.) of the Claider System are reserved under current legislation and are protected by law and intellectual property.

The contents of the CLAIDER System pages may not, in whole or in part, be copied, reproduced, transferred, uploaded, published or distributed in any way without the prior written consent of Flowsoft S.r.l.

Any failure to comply with these provisions, unless explicitly authorised in writing by Flowsoft S.r.l., will be prosecuted before the competent civil and criminal courts.

If a Business User within the services provided by the Claider System transmits a content of any kind, including text or images, the Business User declares and guarantees consent for the use of such material, and that any persons portrayed or cited in the document allowed the reproduction of their data, assets or images, taking Flowosft Srl free and indemnified from any responsibility and/or request.

Flowsoft S.r.l. reserves the right to change, suspend, impose limits on use, remove or disable access to any content (text, images, user interfaces, audio clips, video clips, etc.) or other material on the Claider System at any time and without notice, in compliance with these Terms and Conditions or if required by law or by virtue of an order of public authority. Under no circumstances Flowsoft S.r.l. will be responsible for these changes.

CLAIDER and the PARACHUTE logo are registered and protected trademarks also on a European and international level and used under license by Flowsoft S.r.l. Other trademarks, service marks, graphics signs and logos used in reference to the Claider System are not the property of Flowsoft S.r.l. may be trademarks of their respective owners. The Business User has no right or license to use concerning any of the brands mentioned and to the use of such trademarks if not under a valid title.

Article A6. Prohibitions

The Business User is expressly forbidden, directly or indirectly, to:

  1. a) exploit, copy, distribute, reproduce, modify, translate, make accessible to the public or decompile, in any form, even through automatic devices or manual processes, the contents and/or databases present and/or available from the Claider System;
  2. b) monitor the contents of the Claider System using robots, spiders, or other automatic tools;
  3. c) use the Claider System and/or the platform and/or systems of Flowsoft S.r.l. for purposes other than those permitted under these Conditions;
  4. d) reproduce any part of the Claider System and/or Claider NET, using any device, including but not limited to the use of a frame or frame, or any other framing technique to enclose, reflect and/or reproduce parts or features thereof;
  5. e) upload or send to the Claider System or Flowsoft S.r.l. any content and/or programs, in violation of any law and/or regulation in force, or that encourages such a breach or that due to their size or characteristics, could slow and/or block and/or damage the Claider System;
  6. f) use and/or access the Claider System or Flowsoft Sr.l. so as to endanger any computer system or network, including by making available any type of virus (for this purpose, “virus” means any program deliberately introduced into a system that performs an unnecessary function and/or destructive, such as displaying an irritating message or systematically overwriting the information in the memory of the device used by the User);
  7. g) publish or transmit information that is false, fraudulent or deceptive, or engage in any act that could be considered “phishing” (whether primary, secondary or otherwise) or that could give rise to criminal or civil liability;
  8. h) publish or transmit any illegal, threatening, offensive, libellous, defamatory, obscene, vulgar, indecent, sexually explicit, pornographic or profane material.

In each of the above cases, Flowsoft S.r.l and its collaborators and employees must be held harmless and relieved by the Business User for all damages and/or losses, for any reason, caused by the Business User in violation of these Terms and Conditions.

Article A7 Responsibility of the Business User

The Business User is responsible for the contents collected through the Claider System and is authorised to use it, to handle the claim and/or the commercial management of the policies.

The Business User cannot use third-party data for commercial purposes, possibly entered by the private user in the Claider System, for the sole purpose of reporting an insurance claim, which he shares through their upload or by any other means.

For any other use of the data (statistical analysis, technical and economic assessments of the accident and related damages, appraisals, evaluation of repair interventions and any other activity other than the report of the claim) the owner is Flowsoft exclusively.

The Business User exempts Flowsoft S.r.l. from any liability concerning the illegal dissemination of third-party content or the use of the material in ways that are contrary to applicable law. The Business User undertakes to indemnify and hold harmless Flowsoft Srl, including its employees, experts, agents and collaborators, from any obligation or liability, including any legal fees incurred to defend itself in court, which may arise in the event of damage caused to other users or third parties, in relation to the content uploaded online as well as any claim, cause of action arising from or relating to the use of the Claider System or the violation of these Terms and Conditions, including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal fees, arising from, the violation of the terms of the law or of these Terms and the terms of these Conditions and more generally in violation of applicable law.

If the Claider System services are used on behalf of an entity, association, foundation, committee, company and/or another person other than the natural person, such different subject must accept these Terms and Conditions, holding unharmed and protecting Flowsoft S.r.l. from any claim, cause of action arising from or relating to the use of the Claider System or breach of these Terms and Conditions, including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal fees.

Article A8. Responsibility of Flowsoft

Flowsoft S.r.l. guarantees that the data provided by the Business Users will not be available to other Business Users of the Claider System or third parties unless explicitly requested and authorised by the individual private user as the owner of the personal data in the exercise of his rights.

Flowsoft S.r.l. does not recognise any exclusive rights and/or rights equivalent to the Business User for the use and management of Claider System services that can be used by several Business Users at the same time ensuring Flowosft s.r.l. that the data and activities of each Business User will be managed separately without any possibility of interference.

Flowsoft S.r.l. cannot be held responsible in any way for damages of any kind caused directly or indirectly by access to the CLAIDER System and/or Claider NET, by the inability or impossibility to access it, by reliance on the information contained therein or by their use in any form by the Business User.

Flowsoft S.r.l. assumes no responsibility for services offered by third parties with whom the Claider System has activated a link, and for any other content, information or anything else contrary to the laws of the Italian State present in the resource of the third party attached to the attachment link.

Any links to external sites are provided as a simple service to the Business User, with the exclusion of any responsibility for the correctness and completeness of the set of links indicated.

The indication of links does not imply, furthermore, by Flowsoft S.r.l. any approval or sharing of responsibility concerning the completeness and correctness of the information contained in the sites indicated.

To the extent permitted by law, the total responsibility of Flowosoft S.r.l. Concerning any request, request, dispute or complaint submitted under these Terms and Conditions, including claims for any implied warranty, is limited to the sum paid by the Business User for the paid services used by the User.

In any case Flowosft S.r.l. will not be responsible for any loss or damage not reasonably foreseeable.

If the Business User uses the Claider System services for a personal purpose, Flowsoft S.r.l. recognises the operation of the rights of the User Business as a consumer, where applicable. Therefore the provisions of these Terms and Conditions may not limit the legal rights of consumers to whom it is not possible to renounce by contract.

Article A9. Miscellaneous

The Claider System services are provided by Flowsoft S.r.l., with registered office in Milan (MI), Largo Augusto 1, C.F. and VAT number 07238390962, registered with the Milan Register of Companies. These Terms and Conditions of Use govern the use by the Business User of the services provided by Flowosoft S.r.l. through the Claider system. In the context of these Conditions, “Services” means the services provided by Flowsoft, including the related functions and functions, recommendations and reviews, the website www.claider.net and user interfaces, in addition to the content and associated software. To such Services. The nullity of one or more provisions of these Terms and Conditions does not affect the validity of the other requirements.

Article A10. Applicable law

The applicable law, these Terms of Use, and all the legal relationships existing for use by the Business User of the Claider system, related to the Services offered, is the Italian one. For legal relationships between Flowsoft Srl and the Business User, please refer to the applicable law decree 6 September 2005, n. 206, bearing the “Consumer Code”, and subsequent additions and amendments, including the legislative decree 21 February 2014, n. 21 “Implementation of Directive 2011/83 / EU on consumer rights, amending Directives 93/13 / EEC and 1999/44 / EC and repealing Directives 85/577 / EEC and 97/7 / EC”.

Article A11. Applicable jurisdiction for the settlement of disputes

Any issue concerning the access or use of the CLAIDER system, including any dispute arising from the interpretation, application or execution of these Terms and Conditions, will be governed by the laws of the Italian State. The Business User accepts and submits to the exclusive jurisdiction of the Court of Milan and expressly renounces any objections to this jurisdiction, except for the case in which the specification of the consumer applies. If a dispute arises between Flowsoft S.r.l. and the Business User arising from or related to the use of the CLAIDER system, the parties will endeavour to resolve such dispute promptly and in good faith. If they fail to resolve the conflict within a reasonable time (no more than thirty (30) days) from when the other party is notified of the dispute, the complaint or the request formulated by the other party, both parties shall have the right to launch an attempt at conciliation mediation before the Forensic Conciliation Body of Milan, Via Freguglia, 14 – 20122 MILAN. If the dispute that arises cannot be resolved by resorting to the mediation procedure described above, the parties may use any other right or remedy available under the Applicable Law.

Updated, 04/06/2018

The policy:

The Policy is the insurance contract stipulated between the Insurance Company and the Contractor in which all the contractual conditions are described, and any specific clauses are specified.

The claim:

The claims report is the communication that must be made to the insurer when an accident occurs that describes what happened and what damage occurred to the insured goods, also it is necessary to activate the policy that leads to obtaining the possible compensation provided by the insurer.

Other services related to the claim.

as an example and not exhaustive, other related services are:

Expertise, video play, remote expertise

The report is the final result of a technical investigation that shows the analysis of the policy and the pre-contractual declarations, the reconstruction of the dynamics of the accident and the esteem of the damages that has occurred. The Expert can make use of on-site inspections or remote guided inspections (video) or remote analysis without inspection (remote inspection).

The reconstruction of road accidents:

The reconstruction of road accidents assesses and reconstructs the dynamics of a traffic accident based on technical surveys, with on-site inspections or remotely and/or with comparative analyses, carried out with dedicated software or crash-test databases or other.

The Evaluation of Authenticity / Economic Assets (expertise):

Expertise is the expertise of an expert regarding the authenticity and/or value of an asset such as works of art.

The Repair in Specific Form:

The insurance company, in the management of the reported claim, can provide, in terms of policy or economic compensation of the damage, or at the restoration of the same not matching money but offering the necessary service to repair the damaged property by sending it directly to a technician, craftsman or other qualified professional who is contracted to carry out the necessary repairs or indicating repair centers and restoration of goods or car body shops.

Subjects involved in the policy, the report, the appraisal and the services connected to it:

The subjects involved are:

Beneficiary

contractor

Insured 

Damage

The insurance company, insurance brokers, agents, brokers, sub-agents, ancillary intermediaries, employees and collaborators of such subjects; more generally those who commercially treat your policy and who takes care of the accident and after-sales assistance.

Experts and technicians involved in the technical and economic assessment of the claim, appointed by the Insurance Company or the Insured

The other subjects to whom your data may be transmitted are only those involved in the process that comes from your complaint of the claim made with Claider. By way of non-exhaustive example, these subjects are: valuation experts, insurance experts and surveyors, artisans and repair companies, post-accident remediation companies, lawyers or other professionals appointed by one of the parties involved, road accident reconstructors, others subjects belonging to the insurance sector and / or related and included in the insurance claim etc …

  1. General terms and conditions of use of the Claider System / Business User service

The terms and conditions set out below in Articles A1-A11 (“Terms and Conditions”) constitute a legally binding agreement for each Business User whether they are a physical person and/or legal entity that qualifies such as: direct insurance company, broker insurance agent, insurance agent, expert or owner of an expert company, holder or manager of collective insurance policies, condominium administrator, other subjects belonging to the insurance sector and/or related, previously identified through the Claider System (“Business User”), which use the Claider system.

 The Claider system is the set of services offered by Flowsoft S.r.l. composed of:

-App Mobile downloadable online from official stores (“Store”), identified as CLAIDER

-Web Application reachable via web at my.claider.net identified as ClaiderNET

from now on defined as “Claider System.”

The Claider System is the set of services offered by Flowsoft S.r.l. for the guided and interactive management of claims reports by the private owner of the insurance policy as well as for the management and archiving of insurance policy data, including the management of insurance claims, quotes, communications and other claims related services by the Business User.

With the download, access and/or use of the Claider System, the Business User accepts and agrees to comply with these contractual Terms and Conditions which are legally binding in the relationship between Flowsoft S.r.l. and the Business User. If the Business User acts in the name and on behalf of a legal entity or an entity, he confirms from now on having all the authorisations and powers and rights necessary to commit the aforementioned legal entity or entity validly. If the Business User (or the legal entity or entity on whose behalf he acts) does not entirely agree with the Conditions of the service is not authorised to download, access and/or use CLAIDER and to proceed beyond the members’ area of Claider Net.

The holder for the treatment of personal data collected through the Claider System is Flowsoft S.r.l. (“Holder”)

The personal data of the individual user, who has reached the age of consent and is the owner of one or more insurance policies, previously identified through the Claider System (the User), if they have not previously been uploaded by the user who already uses the Claider System Mobile App and Web Application services they can be uploaded to the Claider System by the Business User. It is however understood that the Business User, where previously authorised by the private user to the processing of their personal data will remain the owner and responsible for personal data collected and uploaded and/or transferred to the Claider System, except in the case where the user decides to take advantage of the services of Mobile App and Web Application of the Claider System made by Flowsoft Srl for the individual user. In the latter hypothesis, also the personal data of the user collected, loaded and/or transferred by the Business User on the Claider System will be processed by Flowsoft S.r.l. as the owner of the personal data processing while the business user will be responsible for data processing within the limits and for the purposes set out in Legislative Decree 30 June 2003 no. 196 and to the EU Regulation 2016/679 of the European Parliament and of the Council.

For all other purposes Flowsoft S.r.l. is the holder of personal data.

Article A1. CLAIDER

CLAIDER offers the User a series of free services for formulating a fast and straightforward way. The system is  interactive and guides you through your insurance claim in the best and most efficient way possible using a mobile device (such as a smartphone, a tablet, etc.); it also offers the possibility to compose the best possible claim accompanied by all the information, photos and documents relating to the dynamics and causes and damage suffered, according to one of the different guide models included in the software application of the Claider System, for the purpose of the filing of the complaint with reference to insurance policies concerning the User as a contractor, insured or also a beneficiary of the insurance policy.

At the end of the complaint process, it is possible to receive the text of the complaint by mail to send it to your insurance company and/or insurance agent/intermediary.

A1.2

The Web application offers the Business User a series of modular services, aimed at improving the management of the customer portfolio within the company’s business.

In particular:

1 – support for the management of policy contracts in its customer portfolio;

2 – support for the management of claims occurring on their customers’ policy contracts (claims reported by the User), which have downloaded CLAIDER free of charge from the online store of the operating system operator of their mobile device);

3-support for the commercial management of the policies of its customer portfolio.

Article A2. Terms and conditions

These terms and conditions govern how the Business User uses the services available on the Web Application and the App Claider as well as on the websites www.claider.net and business.claider.net. By using the Web Application, the Business User agrees to comply and be legally bound by these conditions even if it is not already a registered user.

A2.1 Subscription services

To access the Claider System services, the Business User must first register as a user, entering their data, and then proceed with the creation and registration of an account under Article A3 of these Conditions. After registering your Account, the Business User can start using the required Claider System services.

More detailed information regarding the duration of the subscription, the package of services offered and the payment methods can be found on the business.claider.net website in the dedicated area. For Business Users not yet registered any information on the duration of the subscription, on the package of services offered by the Claider System and the related payment methods can be requested via e-mail by sending a communication to the following address: support@claider.net

Flowsoft may at any time decide to suspend and/or block access to the Claider System services and the Business User Account for Web Application maintenance and/or to prevent any abusive use of the Claider System services

The services offered by the Claider System, available on Mobile Devices must not be used if the Business User is driving a vehicle.

Flowsoft reserves the right to modify or extend the Claider System services at any time through updates or subsequent releases aimed at improving the services offered by the Claider System, in compliance with these general terms and conditions.

A2.2 Trial period and demo

The Business User will have the possibility, before signing the chosen service package, to try the demo version of the Web application (more detailed information regarding the package of services offered can be viewed at business.claider.net).

A2.3 Invoicing

The services chosen by the Business User will have a fixed cost and depending on the number of services selected, the monthly subscription fee will be calculated.

More detailed information regarding the duration of the subscription, the package of services offered and the payment methods can be consulted by the Business User registered on the business.claider.net website in the members’ area.

The subscription fee will be debited monthly and in advance through the credit card circuit chosen by the Business User through the payment section in the Web Application, on the day corresponding to the beginning of the subscription payment period, without prejudice to the application of the general terms and conditions established by the payment system linked to the payment card in the User’s Business property (“Payment Method”). The payment date may change if the paid subscription starts on a day not present in a given month. The history of payments made and the time of the next payment will be available in the payment section in the Web Application.

The Business User can change the payment method by visiting the payment section in the Web Application. If a charge was not successful due to lack of funds or for any other reason, and the Business User had not updated the payment method or communicated his/her cancellation, Flowsoft S.r.l. reserves the right to suspend the access of the Business User to the Services until the Business User has made the payment and/or communicate a new valid payment method. If the Payment Method is updated, the Business User authorises to debit the updated Payment Method and will be responsible for any outstanding amounts.

Flowsoft S.r.l. provides for issuing a regular invoice for the services provided to the Business User on a monthly basis.

Flowsoft S.r.l. does not assume any responsibility for the amounts and/or charges and/or commissions that may be charged to the Business User by the subject-owner of the payment methods and their management. To this end, the Business User is invited to contact the owner of the payment method chosen by the Business User.

The subscription has an annual duration and is tacitly renewed. Flowsoft s.r.l. will send 60 days before the expiry date of the annual subscription signed by the User Business a communication concerning the expiry and the tacit renewal. From that date and up to 30 days before the end of the subscription, the Business User will be entitled to cancel the subscription by registered mail with return receipt to be sent to Flowsoft s.r.l. Via Gabrio Serbelloni, 11 20122 Milan.

A2.4 Cancellation

Business Users may decide to suspend their users at any time thus ceasing to use the services offered by the Claider System without additional costs and charges and continuing to have access to the same services until the end of the monthly billing period that the Business User will have already paid. To the extent permitted by applicable laws, payments are non-refundable. The user suspension functionality is available within the payment section in the Web Application.

In case of cancellation of the subscription or suspension of the account the Business User will no longer have access to the Claider System Services, without prejudice to the option of Flowsoft S.r.l. to keep the data provided by the Business User and/or related to the Account for a period not exceeding 12 months from termination or termination of relations and in any case, in compliance with current legislation. Business Users may request to reactivate their Account re-establishing the ordinary course of payments through the appropriate functionality in the payment section in the Web Application, however Flowsoft Srl does not guarantee the permanence of Business Users data for which Flowsoft S.r.l. has had to limit, cancel, suspend or transfer upon request of the Private User or in accordance with the provisions of the applicable law.

A2.5 Changes to the costs and services offered

Flowsoft S.r.l. reserves the right to modify or extend subscription costs and/or services provided by the Claider system at any time, through updates or subsequent releases, proposing them to users on the Web Application, communicating such changes 60 days in advance of the same date. Upon the occurrence of one of these hypotheses, the Business User will have the right to terminate the subscription to the Claider System services subscribed at no cost and / or additional charge, according to the methods provided for by these Terms and Conditions, without prejudice to the User’s right Business to continue to use the Claider System services for which it has previously signed a subscription in compliance with these Terms and Conditions.

Flowsoft S.r.l. also reserves the right to send to the User Business service announcements, administrative messages and other update information.

Article A3. Register and create an account

The Business User who wishes to use the services made available by the CLAIDER System must follow the instructions provided for the collection of their personal, company and corporate data as well as those relating to other personal documents (such as: Identity card, driving license, passport, insurance policy, vehicle booklet … etc.) for the purposes of registration and creation of a user profile both in relation to the Business User and to its customers and/or collaborators. After completing the registration process, the Business User has a personal account to access which he must use the password chosen during registration and for which he is responsible (“Account”).

To protect your Account, it is advisable to keep your password confidential and not to use it for the use of applications other than those offered by the Claider System.

The Business User, to guarantee the security and veracity of the data provided for the creation of the Account, undertakes to:

  1. a) not provide false personal information, including false names, addresses and contacts or create an account on behalf of another person other than the business user, aware of the criminal sanctions referred to in art. 76 of the D.P.R. 12/28/2000 n. 445, in case of false declarations and training or use of malicious deeds;
  2. b) not to attempt to circumvent the security measures of the CLAIDER System by violating the network, using the Services for purposes unrelated to their intentions, to undertake any illegal activity in connection with the use and/or services offered by the Claider System;
  3. c) not to share your password or allow other people to access your Account or perform any other action, even by third parties, which could endanger the security of your Account;
  4. d) ensure that data, communications and content sent, through or in connection with the CLAIDER System do not violate the law, the rights of any person or entity, and/or that do not contain false, libelous or defamatory information, and/or any element that also constitutes a violation of the legislation on copyright and/or on the processing and free circulation of personal data protection.

The Business User undertakes to communicate promptly any variation of their data and information, updating them in their Account.

Business Users can deactivate their Account at any time and will no longer have access to the services offered, recognising and consenting to the use of their data according to the terms of the privacy policy and/or the applicable cookie policy

Flowsoft S.r.l. will be able to monitor all data and content uploaded by the Business User on the Claider System and remove them if uploaded and/or published in violation of these Terms and Conditions, or Use, without prejudice to any other solution applicable by law.

In the event that a third party and/or another Business User should request the removal of content concerning him, present on the Business User Account, justifying his request on the basis of an alleged violation of the information on the treatment and free circulation of personal data in accordance with current legislation (Legislative Decree 196/2003 and Regulation (EU) 2016/679) on the protection of personal data, or for any other valid reason, Flowsoft Srl reserves the right to limit, block or remove, temporarily or permanently, the content and/or data object of the third party present on the Business User Account and/or the Claider System, after informing the interested Business User .

Article A4. costs

The use of the CLAIDER System and the related Services is governed by the subscription conditions, except for internet data traffic whose values will be those deriving from the application of the tariff conditions applied by the telephone operator or the provider of the data connection of the User Business User.

The details of the packages offered and the related costs can be consulted in the relevant reserved section on the business.claider.net website.

Article A5. Intellectual property

All rights to the contents (texts, images, user interfaces, audio clips, video clips, etc.) of the Claider System are reserved under current legislation and are protected by law and intellectual property.

The contents of the CLAIDER System pages may not, in whole or in part, be copied, reproduced, transferred, uploaded, published or distributed in any way without the prior written consent of Flowsoft S.r.l.

Any failure to comply with these provisions, unless explicitly authorised in writing by Flowsoft S.r.l., will be prosecuted before the competent civil and criminal courts.

If a Business User within the services provided by the Claider System transmits a content of any kind, including text or images, the Business User declares and guarantees consent for the use of such material, and that any persons portrayed or cited in the document allowed the reproduction of their data, assets or images, taking Flowosft Srl free and indemnified from any responsibility and/or request.

Flowsoft S.r.l. reserves the right to change, suspend, impose limits on use, remove or disable access to any content (text, images, user interfaces, audio clips, video clips, etc.) or other material on the Claider System at any time and without notice, in compliance with these Terms and Conditions or if required by law or by virtue of an order of public authority. Under no circumstances Flowsoft S.r.l. will be responsible for these changes.

CLAIDER and the PARACHUTE logo are registered and protected trademarks also on a European and international level and used under license by Flowsoft S.r.l. Other trademarks, service marks, graphics signs and logos used in reference to the Claider System are not the property of Flowsoft S.r.l. may be trademarks of their respective owners. The Business User has no right or license to use concerning any of the brands mentioned and to the use of such trademarks if not under a valid title.

Article A6. Prohibitions

The Business User is expressly forbidden, directly or indirectly, to:

  1. a) exploit, copy, distribute, reproduce, modify, translate, make accessible to the public or decompile, in any form, even through automatic devices or manual processes, the contents and/or databases present and/or available from the Claider System;
  2. b) monitor the contents of the Claider System using robots, spiders, or other automatic tools;
  3. c) use the Claider System and/or the platform and/or systems of Flowsoft S.r.l. for purposes other than those permitted under these Conditions;
  4. d) reproduce any part of the Claider System and/or Claider NET, using any device, including but not limited to the use of a frame or frame, or any other framing technique to enclose, reflect and/or reproduce parts or features thereof;
  5. e) upload or send to the Claider System or Flowsoft S.r.l. any content and/or programs, in violation of any law and/or regulation in force, or that encourages such a breach or that due to their size or characteristics, could slow and/or block and/or damage the Claider System;
  6. f) use and/or access the Claider System or Flowsoft Sr.l. so as to endanger any computer system or network, including by making available any type of virus (for this purpose, “virus” means any program deliberately introduced into a system that performs an unnecessary function and/or destructive, such as displaying an irritating message or systematically overwriting the information in the memory of the device used by the User);
  7. g) publish or transmit information that is false, fraudulent or deceptive, or engage in any act that could be considered “phishing” (whether primary, secondary or otherwise) or that could give rise to criminal or civil liability;
  8. h) publish or transmit any illegal, threatening, offensive, libellous, defamatory, obscene, vulgar, indecent, sexually explicit, pornographic or profane material.

In each of the above cases, Flowsoft S.r.l and its collaborators and employees must be held harmless and relieved by the Business User for all damages and/or losses, for any reason, caused by the Business User in violation of these Terms and Conditions.

Article A7 Responsibility of the Business User

The Business User is responsible for the contents collected through the Claider System and is authorised to use it, to handle the claim and/or the commercial management of the policies.

The Business User cannot use third-party data for commercial purposes, possibly entered by the private user in the Claider System, for the sole purpose of reporting an insurance claim, which he shares through their upload or by any other means.

For any other use of the data (statistical analysis, technical and economic assessments of the accident and related damages, appraisals, evaluation of repair interventions and any other activity other than the report of the claim) the owner is Flowsoft exclusively.

The Business User exempts Flowsoft S.r.l. from any liability concerning the illegal dissemination of third-party content or the use of the material in ways that are contrary to applicable law. The Business User undertakes to indemnify and hold harmless Flowsoft Srl, including its employees, experts, agents and collaborators, from any obligation or liability, including any legal fees incurred to defend itself in court, which may arise in the event of damage caused to other users or third parties, in relation to the content uploaded online as well as any claim, cause of action arising from or relating to the use of the Claider System or the violation of these Terms and Conditions, including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal fees, arising from, the violation of the terms of the law or of these Terms and the terms of these Conditions and more generally in violation of applicable law.

If the Claider System services are used on behalf of an entity, association, foundation, committee, company and/or another person other than the natural person, such different subject must accept these Terms and Conditions, holding unharmed and protecting Flowsoft S.r.l. from any claim, cause of action arising from or relating to the use of the Claider System or breach of these Terms and Conditions, including any liability or expenses resulting from claims, losses, damages, legal actions, judgments, court costs and legal fees.

Article A8. Responsibility of Flowsoft

Flowsoft S.r.l. guarantees that the data provided by the Business Users will not be available to other Business Users of the Claider System or third parties unless explicitly requested and authorised by the individual private user as the owner of the personal data in the exercise of his rights.

Flowsoft S.r.l. does not recognise any exclusive rights and/or rights equivalent to the Business User for the use and management of Claider System services that can be used by several Business Users at the same time ensuring Flowosft s.r.l. that the data and activities of each Business User will be managed separately without any possibility of interference.

Flowsoft S.r.l. cannot be held responsible in any way for damages of any kind caused directly or indirectly by access to the CLAIDER System and/or Claider NET, by the inability or impossibility to access it, by reliance on the information contained therein or by their use in any form by the Business User.

Flowsoft S.r.l. assumes no responsibility for services offered by third parties with whom the Claider System has activated a link, and for any other content, information or anything else contrary to the laws of the Italian State present in the resource of the third party attached to the attachment link.

Any links to external sites are provided as a simple service to the Business User, with the exclusion of any responsibility for the correctness and completeness of the set of links indicated.

The indication of links does not imply, furthermore, by Flowsoft S.r.l. any approval or sharing of responsibility concerning the completeness and correctness of the information contained in the sites indicated.

To the extent permitted by law, the total responsibility of Flowosoft S.r.l. Concerning any request, request, dispute or complaint submitted under these Terms and Conditions, including claims for any implied warranty, is limited to the sum paid by the Business User for the paid services used by the User.

In any case Flowosft S.r.l. will not be responsible for any loss or damage not reasonably foreseeable.

If the Business User uses the Claider System services for a personal purpose, Flowsoft S.r.l. recognises the operation of the rights of the User Business as a consumer, where applicable. Therefore the provisions of these Terms and Conditions may not limit the legal rights of consumers to whom it is not possible to renounce by contract.

Article A9. Miscellaneous

The Claider System services are provided by Flowsoft S.r.l., with registered office in Milan (MI), Largo Augusto 1, C.F. and VAT number 07238390962, registered with the Milan Register of Companies. These Terms and Conditions of Use govern the use by the Business User of the services provided by Flowosoft S.r.l. through the Claider system. In the context of these Conditions, “Services” means the services provided by Flowsoft, including the related functions and functions, recommendations and reviews, the website www.claider.net and user interfaces, in addition to the content and associated software. To such Services. The nullity of one or more provisions of these Terms and Conditions does not affect the validity of the other requirements.

Article A10. Applicable law

The applicable law, these Terms of Use, and all the legal relationships existing for use by the Business User of the Claider system, related to the Services offered, is the Italian one. For legal relationships between Flowsoft Srl and the Business User, please refer to the applicable law decree 6 September 2005, n. 206, bearing the “Consumer Code”, and subsequent additions and amendments, including the legislative decree 21 February 2014, n. 21 “Implementation of Directive 2011/83 / EU on consumer rights, amending Directives 93/13 / EEC and 1999/44 / EC and repealing Directives 85/577 / EEC and 97/7 / EC”.

Article A11. Applicable jurisdiction for the settlement of disputes

Any issue concerning the access or use of the CLAIDER system, including any dispute arising from the interpretation, application or execution of these Terms and Conditions, will be governed by the laws of the Italian State. The Business User accepts and submits to the exclusive jurisdiction of the Court of Milan and expressly renounces any objections to this jurisdiction, except for the case in which the specification of the consumer applies. If a dispute arises between Flowsoft S.r.l. and the Business User arising from or related to the use of the CLAIDER system, the parties will endeavour to resolve such dispute promptly and in good faith. If they fail to resolve the conflict within a reasonable time (no more than thirty (30) days) from when the other party is notified of the dispute, the complaint or the request formulated by the other party, both parties shall have the right to launch an attempt at conciliation mediation before the Forensic Conciliation Body of Milan, Via Freguglia, 14 – 20122 MILAN. If the dispute that arises cannot be resolved by resorting to the mediation procedure described above, the parties may use any other right or remedy available under the Applicable Law.

Updated, 04/06/2018

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