GENERAL TERMS AND CONDITIONS OF USE
ConfiguraTorr Digital Platform
Version 1.3 – September 2026
Art. 1 – Definitions
For the purposes of these T&C, the terms listed below shall have the meaning ascribed to them, both in the singular and in the plural:
“Subscription”: the contractual relationship of a periodic nature established between SAES and the Premium User for access to the advanced features of the Platform.
“Account”: the User’s personal profile, accessible by means of the Credentials, which enables use of the restricted features of the Platform.
“Quotation”: the document automatically generated by the Platform upon completion of the configuration procedure, summarizing the selected products and the related indicative supply conditions, made available to the User in accordance with the access methods applicable to the User’s profile.
“Configuration”: the process of selecting and customizing the components of the vacuum system carried out by the User through the Platform, which generates a product list and the related Technical Drawings.
“Credentials”: the e-mail address and password chosen by the User upon registration, required for access to the Account.
“Technical Drawings” or “Drawings”: the files containing the dimensioned drawings of the configured system, downloadable by the User in digital format within the limits of the User’s Plan.
“Pro-Forma Invoice”: the pre-invoicing document automatically generated by the Platform, indicating the consideration due and the IBAN to which the bank transfer is to be made, which precedes the issuance of the final invoice.
“Force Majeure”: any unforeseeable and unavoidable event beyond SAES’s reasonable control, including natural disasters, pandemics, acts of war, cyber-attacks of an extraordinary magnitude and widespread interruptions of telecommunications networks or electricity supply.
“Business Day”: any working day from Monday to Friday, excluding public holidays under applicable Italian law.
“Plan”: the service package subscribed to by the Premium User, specifying the number of downloadable Technical Drawings and the associated financial conditions, as described in Art. 6.
“Platform”: the ConfiguraTorr website available at saesconfiguratorr.com, including all features, interfaces and ancillary services made available by SAES.
“SAES Products”: the products and components manufactured or distributed by SAES that can be configured through the Platform, as listed in the product documentation available on the Platform itself.
“Owner” or “SAES”: SAES Getters S.p.A., as identified in Art. 2.1.
“User”: any natural or legal person accessing the Platform, regardless of the type of account held.
“Basic User”: the profile assigned to each User upon registration, with the features and limitations described in Art. 3.1.
“Premium User”: the Basic User who, by means of the upgrade referred to in Art. 4.3, has subscribed to a paid Plan and has access to the advanced features, including the download of Technical Drawings, within the limits of the selected Plan.
Art. 2 – Owner and Manner of Acceptance
The Platform is operated and offered by SAES Getters S.p.A., with registered office at Viale Italia 77, 20045 Lainate (MI), Italy, registered with the Milan Companies Register, Tax Code/VAT No. 00774910152. The Owner may be contacted at the following addresses:
ordinary e-mail address: configuratorr_info@saes-group.com
certified e-mail address (PEC): saes-ul@pec.it
postal address: Viale Italia 77, 20045 Lainate (MI), Italy
any further contact channels indicated in the “Support” section of the Platform.
ConfiguraTorr is a proprietary digital platform of SAES, accessible via browser at the web address saesconfiguratorr.com, which guides the User through a process of progressive selection of the components of the vacuum system — including SAES mechanical components and third-party components available on the market — up to the generation of a complete product list and the related dimensioned Technical Drawings. Upon completion of the Configuration, the User may download the Technical Drawings, within the limits and in the manner provided for by the User’s access profile and proceed to order the configured components. The Platform is intended exclusively for professional operators and business customers of SAES and provides for two access levels, described in detail in Art. 3, with differentiated features depending on the selected plan.
Access to and use of the Platform require that these T&C be read in full and accepted unconditionally. Acceptance takes place through the clickwrap mechanism — clicking the “I Accept” button in the registration procedure — which constitutes a binding contractual declaration pursuant to Articles 1326 and 1335 of the Italian Civil Code and Article 12 of Legislative Decree No. 70/2003. The clauses which, by reason of their content, require specific approval pursuant to Articles 1341-1342 of the Italian Civil Code are listed in Art. 20 and are approved by means of a separate, dedicated checkbox. SAES retains electronic records of the acceptances given, including date, time, version of the T&C and User identifier.
These General Terms and Conditions govern the contractual relationship between SAES and any party accessing or registering with the Platform (hereinafter the “User”). The Platform is intended exclusively for parties acting in the course of their professional, commercial, craft or business activity (Professional Users). SAES does not address final consumers within the meaning of Article 3(1)(a) of Legislative Decree No. 206/2005.
Art. 3 – Categories of Users
The Platform provides for two categories of Users, each with specific entitlements, rights and limitations:
Basic User. The Basic User accesses the Platform free of charge, upon registration by providing first name and surname (or the name of the institution, where applicable), e-mail address and country of residence/registered office. The Basic User may use the configurator and view the product list generated upon completion of the Configuration, but may not download the Technical Drawings and the relevant Quotation without paying the relevant consideration in the manner set out in Art. 6.3. The Basic User may at any time upgrade its Account to Premium in the manner set out in Art. 4.3.
Premium User. The Premium User is the Basic User who has upgraded its Account by paying a periodic Subscription, providing at the time of the upgrade — in addition to the information already provided upon registration — its Tax Code/VAT Number, telephone number and full address (required for invoicing purposes). The Premium User is entitled to download the Technical Drawings of the configured systems and the relevant Quotations up to the numerical limit provided for by the selected Plan and for the duration of the Subscription, at no additional download cost until the allowance included in the Plan is exhausted. Both categories of Users may proceed to order the configured components pursuant to Art. 7.
The Platform allows Users to configure systems that also include mechanical components manufactured by third parties, the reference for which is provided by SAES on the basis of quotations obtained from potential suppliers at discounted conditions. Such components are indicated in the product list without any specific mention of the manufacturer. SAES does not guarantee the availability, delivery times or final commercial conditions of third-party components, which may be subject to variations at the time of order confirmation. The User acknowledges that, with respect to such components, SAES acts as a reseller or intermediary and shall not be liable for defects, non-conformities or delays attributable to the third-party manufacturer, without prejudice to any mandatory provisions of law.
Art. 4 – Registration, Access and Management of Credentials
Registration with the Platform is permitted exclusively to natural persons who have reached eighteen years of age and to duly incorporated legal persons, acting in the course of their professional or business activity. The User completing the registration declares, under its own responsibility, that it meets the required conditions and that the data provided are true, up to date and complete. Should SAES ascertain that the information provided is false, it reserves the right to immediately suspend or delete the Account pursuant to Art. 11.
Where the User registers in the name and on behalf of a legal person, the User declares that it is fully authorized to bind the entity to which it belongs and to act in its name and on its behalf; SAES disclaims any liability for registrations carried out in the absence of such authority.
Registration with the Platform is carried out by completing the form available on the Platform, providing: (i) first name and surname, or the name of the entity; (ii) a valid e-mail address; (iii) the country of residence or registered office. Upon completion of the form, SAES sends a confirmation message to the e-mail address provided, containing an activation link; registration is completed by clicking on the activation link, which constitutes acceptance of these T&C pursuant to Art. 2.2. Upon completion of the registration, each User is assigned the Basic User profile, without prejudice to the right to upgrade to Premium at any time in the manner set out in Art. 4.3. The same data are also required when downloading product datasheets.
The upgrade from a Basic to a Premium Account requires, in addition to the information referred to in Art. 4.2, the provision of: (i) Tax Code or VAT Number; (ii) telephone number; (iii) full billing address. Upon completion, the Platform automatically generates a Pro-Forma Invoice indicating the amount due according to the selected Plan and the IBAN to which payment is to be made by bank transfer. The Account is activated as Premium only after the bank transfer has been credited to SAES’s bank account, which may take up to five Business Days; upon crediting, SAES shall activate the Premium User's Account and make available the features associated with the selected Plan, including the download of Technical Drawings and Quotations within the limits provided for under the relevant Plan. SAES shall not be liable for activation delays attributable to interbank crediting times.
The access Credentials are strictly personal and non-transferable. The User is solely responsible for the safekeeping of its Credentials and shall adopt all appropriate measures to prevent unauthorized access thereto, including, by way of example: choosing a strong password not shared with other services, and logging out of the Platform at the end of each session on shared devices. Any operation carried out through the User’s Account shall be deemed to have been carried out by the User, unless the User has previously notified SAES that the Credentials have been compromised. In such a case, SAES shall, with reasonable promptness, temporarily disable the Account and issue new Credentials; in the meantime, SAES shall not be liable for unauthorized access occurring prior to such notification.
Art. 5 – Conditions and Limits of Use of the Platform
SAES grants the registered User a personal, non-exclusive, non-transferable and revocable license to use the Platform, limited to the features provided for by the User’s access profile (Basic or Premium), for the duration of the contractual relationship and solely for the purposes contemplated by these T&C. The license does not include the right to sublicense, assign, distribute or commercially exploit the Platform or its components, nor to reproduce or distribute the Technical Drawings for purposes other than the User’s own internal use, unless expressly authorized in writing by SAES.
The User is authorized to use the Platform exclusively to configure vacuum systems in the course of its professional or business activity, to download the Technical Drawings within the limits of its Plan and to proceed to order the configured components. The Technical Drawings may be used by the User exclusively for internal technical and design purposes, including feasibility assessments, plant design and requests for quotations from suppliers, in compliance with SAES’s intellectual property rights referred to in Art. 12.
The following conduct is in any event prohibited:
using the Platform for unlawful or fraudulent purposes or for purposes detrimental to the rights of third parties;
reproducing, distributing, assigning or making available to third parties the downloaded Technical Drawings, in whole or in part, for purposes other than the internal use referred to in this article;
carrying out reverse engineering, decompilation, disassembly or any other operation aimed at extracting the source code of the Platform or the logic of the configurators, except as permitted by law;
accessing or attempting to access sections of the Platform not enabled for the User’s profile;
using automated systems (bots, scrapers, crawlers) to access the Platform without SAES’s prior written authorization;
interfering with the integrity or performance of the Platform, including cyber-attack activities, denial of service or injection of malicious code;
creating false identities, unauthorized multiple accounts or impersonating other parties;
sharing their access credentials with any unauthorized third party or engage in any activity intended to bypass or circumvent the usage limitations set forth under the applicable subscribed Plan;
assigning, renting or making available to unauthorized third parties access to the User’s Account.
Breach of the prohibitions set out in this article constitutes just cause for immediate suspension or termination of the contract pursuant to Art. 11, without prejudice to SAES’s right to compensation for damages.
SAES undertakes to ensure the availability of the Platform in accordance with reasonable industry standards, net of scheduled maintenance interruptions, of which notice shall be given at least 48 hours in advance by means of a notice on the Platform and/or by e-mail. The availability of the Platform may be affected by factors beyond SAES’s control, including malfunctions of third-party communication networks, Force Majeure events or interruptions of the infrastructure services used by SAES. SAES does not warrant that the Platform will operate on an uninterrupted or error-free basis.
SAES reserves the right to amend these T&C at any time, as well as the features, design or contents of the Platform. Amendments to the T&C — but not those relating to features, design and contents — shall be notified to the User with at least 15 days’ prior notice by means of a notice on the Platform and/or by e-mail to the registered address. A User who does not intend to accept the amendments shall have the right to withdraw from the contract within the notice period, in the manner set out in Art. 9, without penalty. Continued use of the Platform after expiry of the notice period shall constitute tacit acceptance of the amendments.
Art. 6 – Financial Conditions, Plans and Invoicing
Subject to Article 6.2 below, which allows a Basic User to download a single Technical Drawing and the related Quotation, access to the advanced features of the Platform, including the download of Technical Drawings and Quotations, is subject to subscription to one of the Premium Plans, the consideration and conditions of which are determined according to the number of downloadable Technical Drawings included in the Plan. The updated consideration and conditions of each Plan are published on the dedicated “pricing” page of the Platform.
The consideration is inclusive of VAT where applicable, which will be shown separately in the final invoice. SAES reserves the right to amend the consideration in the manner set out in Art. 5.3.
Should the Premium User exhaust the number of downloadable Technical Drawings provided for by its Plan before expiry of the Subscription, it may renew the Plan on the same conditions or choose a different Plan, increasing or decreasing the number of downloads included, by means of the dedicated button available in the reserved area of the Platform. Early renewal is subject to the same bank-transfer payment procedures as the initial subscription. The expiry of the new Plan is calculated from the date of activation of the renewal.
Registration with the Platform is free of charge. The Basic User is not required to pay any consideration for registration, access to the Platform or use of the configurator.
A Basic User wishing to download the Technical Drawings and the corresponding Quotation of a configured system must provide, where not already indicated in its profile, its Tax Code/VAT Number, telephone number and full billing address. The Platform automatically generates a Pro-Forma Invoice indicating the consideration due for the individual download and the IBAN to which payment is to be made by bank transfer. The download is enabled only after the bank transfer has been credited to SAES’s account. Should the Basic User subsequently proceed to order the configured components, the consideration already paid for the download of the Technical Drawings will be deducted from the total value of the order.
All payments are made by bank transfer to the IBAN indicated in the Pro-Forma Invoice generated by the Platform. SAES reserves the right to introduce additional payment methods in the future. The Pro-Forma Invoice can be downloaded directly from the Platform at the time of the request to download the Technical Drawings or to activate the Premium Plan. The final invoice is issued by SAES after the bank transfer has been credited. Interbank crediting times — ordinarily not exceeding five Business Days — are not attributable to SAES; any delays in crediting shall not constitute a breach by SAES and shall not entitle the User to demand provision of the service before the amount has actually been credited.
Art. 7 – Product Orders and Quotation
Upon completion of the Configuration, both the Basic User and the Premium User may proceed to order the selected components. A Basic User who has not yet provided its billing details is requested to enter its Tax Code/VAT Number, telephone number and full address before completing the order. The Quotation is automatically generated by the Platform upon completion of the configuration and constitutes a summary document of the selected products, the indicative prices and the supply conditions. The Quotation does not constitute an order confirmation: any purchase order placed by the User and the subsequent order confirmation by SAES follow the ordinary commercial workflow referred to in Art. 7.2 below.
Orders for components configured through the Platform are subject to SAES’s standard commercial conditions for the sale of products. The final invoice for the order is issued at the time of shipment, with payment due 30 days from the date of receipt of the invoice. Transport and shipping costs are invoiced separately.
The Quotation generated by the Platform is merely indicative and non-binding in nature and does not constitute a contractual offer by SAES. The purchase order submitted by the User on the basis of the Quotation constitutes a contractual offer to SAES; the contract of sale is concluded upon SAES’s written order confirmation, communicated to the User by e-mail. The prices indicated by the Platform in the product list are merely indicative and may be subject to variations at the time of order confirmation, in particular for third-party components subject to market fluctuations. SAES shall promptly notify the User of any price variations with respect to the indication on the Platform, leaving the User free to confirm or cancel the order without penalty.
Where the Basic User has downloaded the Technical Drawings of a configured system and subsequently proceeds to order the same components, the consideration already paid for the download of the Technical Drawings shall be deducted, as an advance on the price, from the total value of the order, by means of a credit note or a deduction in the invoice. Such deduction shall apply only if the order relates to the same components of the system for which the Technical Drawings were downloaded.
For third-party components included in the Configuration, SAES reserves the right to verify availability and supply conditions at the time of order confirmation. SAES does not guarantee the immediate availability of such components, nor that the indicative price displayed on the Platform will correspond to the actual price at the time of confirmation.
Art. 8 – Term of the Contractual Relationship
The contractual relationship between SAES and the Basic User is established upon completion of the registration pursuant to Art. 4 and is of indefinite duration. For the Premium User, the relationship is structured in subscription periods of a duration corresponding to the selected Plan (12, 18 or 24 months), running from the date of activation of the Premium Account, and does not renew automatically upon expiry.
Upon expiry of a Premium Plan that has not been renewed, the User’s Account is automatically converted into a Basic Account, with consequent loss of access to the Premium features and inability to carry out further downloads of Technical Drawings and of the corresponding Quotations without payment of the consideration provided for in Art. 6.2. The Technical Drawings already downloaded during the subscription period shall remain available to the User, within the limits of the license referred to in Art. 5.1.
SAES reserves the right to delete the Account of any User that has been inactive for a continuous period of 36 (thirty-six) months, inactivity being understood as the absence of any access to the Account. SAES shall give the User prior notice of the deletion by communication to the registered e-mail address, granting a period of no less than 30 days to reactivate the Account; upon expiry of such period to no avail, the Account and its contents shall be deleted without further notice.
Art. 9 – Withdrawal and Termination of the Contract
The User may withdraw from the contract at any time by sending written notice to SAES through the contact channels referred to in Art. 2.1. For the Basic User, withdrawal takes immediate effect with the deletion of the Account. For the Premium User, withdrawal exercised during the subscription period does not entitle the User to a refund of the consideration already paid for the remaining period, given the nature of the Subscription as payment for access to a download allowance and not as a purely time-based subscription; the User shall retain access to the Premium features until expiry of the current subscription period, as well as to the Technical Drawings already downloaded.
SAES shall have the right to withdraw from the contract with at least 30 days’ prior notice, communicated in writing to the registered e-mail address, without being required to state its reasons. In the event of withdrawal by SAES during a Premium subscription period, SAES shall refund the User the consideration in proportion to the Technical Drawings not yet downloaded and no longer usable as a result of the withdrawal, calculated on the basis of the ratio between the remaining downloads and the total downloads included in the Plan.
SAES shall have the right to terminate the contract, with immediate effect and without any need for prior notice, pursuant to Article 1456 of the Italian Civil Code, in the following cases, which the Parties declare to constitute instances of material breach: (a) breach of the prohibitions set out in Art. 5.3; (b) provision of false or misleading data upon registration or in the course of the relationship; (c) use of the Platform in breach of provisions of law or in a manner causing harm to third parties or to SAES; (d) unauthorized sharing of access credentials or engaging in any activity intended to bypass or circumvent the usage limitations set forth under the applicable subscribed Plan. Termination shall be communicated to the User in writing; where technically possible, SAES may suspend access in advance of the formal termination in the event of serious ongoing breaches.
The Premium User shall have the right to terminate the contract pursuant to Article 1453 of the Italian Civil Code, subject to serving a formal notice to perform granting a period of no less than 15 Business Days, where SAES fails to provide the essential features of the Plan, for reasons attributable to it, for a period exceeding 15 consecutive days, except in cases of Force Majeure. In such a case, SAES shall refund the consideration in proportion to the remaining unusable Technical Drawings.
Art. 10 – Refund Conditions
In the event of withdrawal by SAES pursuant to Art. 9.2 or of discontinuation of the Platform’s operations, SAES shall refund Premium Users the consideration in proportion to the remaining Technical Drawings not yet downloaded, within 30 days of the communication, by crediting the same bank account from which the original bank transfer was made.
In the event of withdrawal by the Premium User during the subscription period, no refund of the consideration already paid shall be due, except in the case of withdrawal for material breach by SAES pursuant to Art. 9.4, in which case the refund in proportion to the remaining unusable Technical Drawings shall apply.
Should the Platform be unavailable for a continuous period exceeding 5 Business Days for reasons attributable to SAES, with the consequent inability of the Premium User to use the download service, SAES shall grant the User an extension of the subscription period equal in duration to the ascertained period of unavailability, at no additional cost. Such extension constitutes the exclusive remedy for technical unavailability of the Platform, without prejudice to the right to compensation for damages in the event of willful misconduct or gross negligence on the part of SAES.
Art. 11 – Suspension, Blocking and Deletion of the Account
SAES may adopt, according to the seriousness of the conduct and the circumstances of the case, the following measures with respect to the User’s Account, graduated in increasing order of severity: (i) formal warning, with a request to remedy within a set period; (ii) temporary suspension of access for a defined period; (iii) functional blocking of specific features; (iv) suspension for an indefinite period while investigations are ongoing; (v) permanent ban and deletion of the Account.
SAES may proceed with temporary suspension in the event of: non-payment of the consideration, subject to prior notice of default; a non-serious breach of the T&C capable of being remedied; anomalous access suggesting that the Account has been compromised; the need to verify the User’s identity or qualification. A permanent ban is reserved for cases of serious and repeated breach of the T&C, use of the Platform for unlawful or fraudulent activities, or systematic unauthorized sharing of the Technical Drawings, of the Quotations or the access credentials.
Any suspension or ban measure shall be communicated to the User in writing, stating the reasons and, where applicable, the conditions for lifting the measure. In the event of a permanent ban for reasons not attributable to the User, SAES shall refund the consideration in proportion to the remaining Technical Drawings not yet downloaded. In the event of a ban for breach by the User, no refund shall be due.
Art. 12 – Intellectual Property
The ConfiguraTorr Platform, its architecture, source code, layouts, graphical interfaces, configurator logic, calculation models, product databases and all contents therein — including the Technical Drawings generated by the Platform — are the exclusive property of SAES or its licensors and are protected under Italian and European legislation on copyright, patents, trademarks and trade secrets. Nothing in these T&C shall be construed as an assignment of intellectual property rights to the User beyond what is expressly provided for by the license referred to in Art. 5.1.
The Technical Drawings downloaded by the User may be used exclusively for the User’s internal technical and design purposes, including feasibility assessments and the design of the User’s own plants. It is strictly prohibited to: (i) assign, distribute, publish or make available to third parties the Technical Drawings, in any form, without SAES’s prior written authorization; (ii) use the Technical Drawings to manufacture products competing with those of SAES or for purposes other than internal use; (iii) remove or alter the intellectual property notices affixed to the Technical Drawings. Failure to comply with these limits constitutes a material breach of these T&C and may give rise to liability for damages towards SAES.
SAES’s trademarks, logos and trade names — including, by way of example, SAES Getters, ConfiguraTorr, NEXTorr, Alkamax — are registered or otherwise proprietary trademarks of SAES and may not be used by the User without prior written authorization. The User acquires no rights in SAES’s trademarks by virtue of registration with the Platform or use of the services offered thereon.
Art. 13 – Confidentiality
The User acknowledges that the technical, commercial and product information accessible through the Platform — including the Technical Drawings, product specifications, configuration models and price lists — constitutes confidential information of SAES within the meaning of Article 98 of Legislative Decree No. 30/2005 (Italian Industrial Property Code) and of Legislative Decree No. 63/2018 on trade secrets. The User undertakes to maintain the strictest confidentiality with respect to such information and not to disclose it to third parties without SAES’s prior written authorization, adopting protective measures equivalent to those used for its own confidential information and, in any event, no lower than a standard of professional diligence.
The confidentiality obligation set out in this article shall remain in force for a period of 5 (five) years after termination of the contractual relationship for any reason whatsoever, unless the information in question has in the meantime entered the public domain through no fault of the User.
Art. 14 – Limitation of Liability
The Platform is provided “as is”, without warranties of any kind, whether express or implied, including — by way of example — the implied warranties of fitness for a particular purpose, absence of errors or non-infringement of third-party rights. SAES does not warrant that the Platform will meet the User’s specific design requirements, nor that the Technical Drawings generated will be fit for use without further verification by qualified technical personnel. The User is responsible for verifying the compliance of the Technical Drawings with the technical and safety regulations applicable in its own country and shall be solely liable for damage to third parties resulting from their use and/or dissemination other than as provided for by these T&C.
To the extent permitted by applicable law, SAES’s aggregate liability towards the User for any damage arising out of or in connection with these T&C or the use of the Platform — on any basis whatsoever, whether contractual or non-contractual — shall be limited to the consideration actually paid by the User in the twelve months preceding the event giving rise to the damage. For Basic Users who have made no payment, the cap shall be EUR 500.00.
In no event shall SAES be liable for indirect, incidental, consequential, punitive or special damages, including — by way of example — loss of profits, loss of data, loss of business opportunities, business interruption or reputational damage, even where SAES has been advised of the possibility of such damages. This exclusion shall not apply in the event of willful misconduct or gross negligence on the part of SAES, nor to personal injury in the cases provided for by law.
The Technical Drawings generated by the Platform are intended for illustrative purposes and as support for preliminary design. SAES shall not be liable for damage arising from the use of the Technical Drawings in the absence of technical verification by qualified engineers or technicians, nor for the compliance of systems built on the basis of the Technical Drawings with applicable technical, safety or industry regulations. The User assumes full responsibility for the use of the Technical Drawings and for the design decisions taken on the basis thereof.
Art. 15 – Processing of Personal Data
SAES Getters S.p.A. is the controller of the personal data of Users within the meaning of Regulation (EU) 2016/679 (GDPR) and of Legislative Decree No. 196/2003, as amended by Legislative Decree No. 101/2018. The processing of personal data collected upon registration and during use of the Platform is governed by the Privacy Notice available at https://saesconfiguratorr.com/Legals/Privacy-Policy, which forms an integral part of these T&C and must be read in conjunction therewith.
The personal data collected through the Platform, including personal identification, contact and billing data, are processed for the following purposes: (i) management of the registration and of the contractual relationship; (ii) invoicing and payment management; (iii) provision of the Platform’s services, including the download of Technical Drawings; (iv) technical support and handling of User requests; (v) compliance with legal obligations.
The tax and billing data of Premium Users — including Tax Code/VAT Number, address and bank details — are processed exclusively for SAES’s invoicing purposes and for compliance with SAES’s tax obligations, and are retained for the period required by applicable tax legislation (ordinarily 10 years). SAES adopts appropriate technical and organizational measures to ensure the security and confidentiality of billing data.
Art. 16 – Cybersecurity and Incident Management
SAES adopts state-of-the-art cybersecurity measures to protect the Platform and Users’ data from unauthorized access, loss, alteration or disclosure, in accordance with the security requirements laid down by Regulation (EU) 2016/679 (GDPR) and, to the extent applicable in view of the activities carried out, by Legislative Decree No. 138 of 4 September 2024, implementing Directive (EU) 2022/2555 (NIS 2), which requires the adoption of proportionate technical and organizational measures for the management of risks to the security of networks and information systems. In the event of a security breach that may entail a risk to the rights and freedoms of Users, SAES shall comply with the notification obligations provided for by Articles 33-34 of the GDPR as well as, where applicable, with the reporting obligations towards the competent authorities within the time limits provided for by Article 25 of Legislative Decree No. 138/2024. The User shall promptly notify SAES of any anomaly, vulnerability or unauthorized access of which it becomes aware, through the contact channels referred to in Art. 2.1, and undertakes not to exploit or disclose any vulnerabilities identified before they have been remedied by SAES.
Art. 17 – Governing Law and Jurisdiction
These T&C and any contractual or non-contractual relationship arising therefrom shall be governed by Italian law, to the exclusion of any conflict-of-law rules that might refer to the application of a different legal system.
Any dispute relating to the interpretation, performance, validity or termination of these T&C shall be subject to the exclusive jurisdiction of the Courts of Milan, to the exclusion of any other potentially competing forum. The Parties acknowledge that this clause is essential to the balance of the contractual relationship and is among the clauses subject to specific approval pursuant to Article 1341 of the Italian Civil Code (see Art. 20).
Art. 18 – Final Provisions
Should one or more clauses of these T&C prove invalid, void or ineffective, in whole or in part, under applicable law, the remaining clauses shall retain full force and effect. In such a case, the Parties undertake to negotiate in good faith a replacement provision which, in compliance with the law, achieves a result as close as possible to that pursued by the invalid clause.
Failure to exercise, or delay in exercising, any right or power provided for by these T&C shall not constitute a waiver thereof, nor shall it create any expectation or reliance on the part of the other Party. Any express waiver of a contractual right shall be valid only if made in writing and with specific reference to the clause to which it relates.
All notices between the Parties shall be made in writing, through the contact channels indicated in Art. 1.1 or to the e-mail address registered by the User upon signing up. Notices shall be deemed received on the Business Day following dispatch, where sent by ordinary e-mail, or on the delivery date shown in the acceptance receipt, where sent by certified e-mail (PEC).
These T&C, together with the Privacy Notice and any Plan-specific conditions, constitute the complete and entire agreement between the Parties in relation to the use of the Platform and supersede any prior agreement, understanding or communication having the same subject matter.
Art. 19 – Performance in Good Faith and Fair Dealing
The Parties undertake to perform the contract and to interpret its clauses in accordance with the principles of good faith and fair dealing, pursuant to Articles 1175, 1337 and 1375 of the Italian Civil Code, refraining from conduct which, although not expressly prohibited by the letter of these T&C, is contrary to the spirit and purpose of the agreement or causes unjustified prejudice to the other party. SAES undertakes not to make amendments to these T&C or to the features of the Platform in such a way as to unreasonably prejudice the legitimate expectations built up by the User in the course of the relationship; the User undertakes to use the Platform for the purposes for which it was designed and to refrain from conduct that may prejudice its integrity, security or reputation.
Art. 20 – Clauses Subject to Specific Approval (Articles 1341-1342 of the Italian Civil Code)
The clauses listed below, being potentially onerous for the User within the meaning of Articles 1341-1342 of the Italian Civil Code, are validly included and binding only where the User has specifically accepted them by ticking the relevant boxes in the registration procedure or in the personal area of the Platform, separately from the general acceptance of these T&C.
Art. 5.3 (Unilateral amendment of the T&C): the User approves SAES’s right to unilaterally amend these T&C with 15 days’ prior notice, without prejudice to the right of withdrawal without penalty.
Art. 6.1 (Unilateral amendment of the Price List): the User approves SAES’s right to unilaterally amend the consideration applicable to subsequent renewals, with 30 days’ prior notice.
Art. 11 (Suspension, blocking and ban): the User approves SAES’s right to suspend, block or delete the Account in the circumstances set out in Art. 11, including suspension for an indefinite period while investigations are ongoing.
Art. 13.2 (Post-contractual confidentiality obligation): the User approves the extension of the confidentiality obligation for 5 years after termination of the contractual relationship.
Art. 14.1 (Exclusion of implied warranties): the User approves the provision of the Platform and the Technical Drawings “as is”, to the exclusion of the implied warranties of fitness for a particular purpose and absence of errors.
Art. 14.2 (Liability cap): the User approves the limitation of SAES’s aggregate liability to the consideration paid in the twelve months preceding the event giving rise to the damage, or to EUR 500.00 for Basic Users.
Art. 14.3 (Exclusion of indirect and consequential damages): the User approves the exclusion of any liability of SAES for indirect damages, loss of profits, loss of data or loss of business opportunities.
Art. 17.2 (Exclusive jurisdiction of the Courts of Milan): the User approves the exclusive jurisdiction of the Courts of Milan for any dispute relating to these T&C.