Last updated: July 8, 2022
These general terms govern the User’s use of the website https://www.otpservice.io/, including all related subdomains, and illustrate its functionalities.
By using the Site, you fully accept these General Terms of Use, obliging yourself to comply with them. We therefore invite you to read them carefully before using the Site and our services in any way, and to refrain from using them if you disagree, even partially, with what is provided below.
These General Terms of Use complement the terms and conditions of use of the specific Services provided through the Site, such as the terms and conditions governing advanced electronic signature services, available at the following link: https://www.otpservice.io/termini-e-condizioni-fea/.
Interpretation and definitions
For the purposes of these General Terms of Use, words whose initials are capitalized have the meanings assigned below, regardless of whether they appear in singular or plural:
Processing of personal data
We commit, to the extent of our competence, to process personal data collected and/or otherwise processed through the Site, in compliance with personal data protection regulations. For more information on the processing of personal data, you can consult the privacy policy https://www.otpservice.io/privacy-policy/ and the cookie policy https://www.otpservice.io/informativa-cookie/.
Additional specific information on the processing of personal data may be provided in relation to specific Services.
For any doubts regarding the processing of personal data, we invite you to write to us at support@otpservice.io.
Registration and safekeeping of access credentials
To be able to use some of our Services, you must first register through the appropriate registration form on the Site (the registration form is available at the following link: https://app.otpservice.io/sign-up) and follow the procedure and instructions indicated there and that you will receive via email. At this stage, you need to provide some data, which are necessary for creating the account and subsequent completion of the profile. You are required to provide accurate, complete, and up-to-date data. You are, therefore, fully responsible for the correctness of the data provided and the statements made.
Following the registration request, you will be provided with personal and non-transferable access credentials, which you will have the responsibility to safeguard with the utmost diligence, promptly notifying us if you even have the suspicion that they have been known by unauthorized subjects.
You are also invited to inform us immediately in any case of violation or improper use of personal data and, in general, of any event capable of compromising their security, by sending an email message to the address support@otpservice.io.
Without prejudice to the above, the User has the responsibility to maintain the secrecy of both the password and the confidential details of their account, and is responsible for any harmful event resulting from the omitted or negligent custody of personal data entered or communicated through the Site.
It is understood that in no case can the Company be held responsible in case of loss, dissemination, theft, or unauthorized use, possibly even by third parties, for any reason, of your access credentials or your personal data.
Updating and modifying personal data
By accessing your reserved area by entering your access credentials, you can also modify your data.
If you have forgotten your password, you can set a new password by following the appropriate procedure for setting a new password by clicking on the “Forgot password?” link located in the login window, and following the instructions that will be provided to you via email.
Nature of Services
As mentioned, once you have completed the registration according to the previous paragraph, you will be able to use some specific Services provided by the Company through the Website. Some of these Services (or some features of these Services) are provided free of charge, while others require payment of a fee explicitly indicated within the Website (https://www.otpservice.io/prezzi-firma-elettronica/) and known before making the purchase.
To purchase paid services, you need to log in to the reserved area and follow the appropriate purchase procedure available on the Website.
Price Changes During the Relationship
We reserve the right to modify – even during the course of the relationship, therefore after the purchase – the amount of the fee for the use of the services, notifying you by e-mail or through a specific disclaimer at the time of your next access to your reserved area. In the event that the price change is unfavorable to the User, you will have the right to request – by e-mail, writing to support@otpservice.io – a refund of any remaining credit at the time of the unfavorable change, within 14 days of receiving the first notification mentioned above.
This right is forfeited if you, after the price change, spend the remaining credit, even partially.
Access to your reserved area also gives you the opportunity to access specific informational pages about our Company and the Services provided, as well as to use, possibly after completing your profile, through a specific control panel, some features related to, for example, the list of practices, signer directories, and signature control.
More information regarding the terms and conditions governing the Electronic Signature Service can be found at the following link: https://www.otpservice.io/termini-e-condizioni-fea/.
Obligation to Obtain Insurance Coverage for the Use of AES
The User is informed that it is the responsibility of the proposer of the advanced electronic signature to obtain civil liability insurance coverage in relation to the use of the advanced electronic signature.
This is because Article 57, paragraph 2, of the DPCM of February 22, 2013, provides that those who provide advanced electronic signature solutions to use them in relationships with third parties for institutional, corporate or commercial reasons, implementing them themselves or also using solutions created by those who, as the object of their business activity, create advanced electronic signature solutions for the former, “in order to protect the holders of the advanced electronic signature and third parties from any damage caused by inadequate technical solutions, the subjects referred to in Article 55, paragraph 2, letter a), shall obtain civil liability insurance coverage issued by an insurance company authorized to operate in the field of industrial risks for an amount not less than five hundred thousand euros”.
Conservation
In the case of AES, the User must equip themselves with a system to ensure the compliant conservation for at least 20 years of the signed document and the identification documents used for the identification of the signing User and the related AES usage conditions accepted by the latter, as required by the current legislation (ref. Article 57 of the DPCM of February 22, 2013).
Account Deletion
You can request the deletion of your account at any time, directly from the Website by following the appropriate procedure, or you can ask Us to do it for you. In case of deletion of your account, you will not be able to continue using certain Services.
Links to Other Websites
We inform you that, where the Website contains links to websites or services of entities other than the Company, we have no control over such websites, and we assume no responsibility for their content, privacy policies, or practices.
The User acknowledges and agrees that the Company will not be responsible, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on such websites.
If there are hyperlinks within the Site that lead to other websites, we suggest you verify which website it is before clicking on them. To do this check, simply hover the mouse cursor over the link, and the URL of the website will usually appear at the bottom left of the screen. We also recommend that you read the terms and conditions and privacy policies of any third-party website or service you may visit.
Interruption, Modification, and Suspension of Access to the Site
We reserve the right, at any time, to interrupt, modify, or suspend Your access to the Site or part of the Site immediately (with consequent termination of the User’s right to use the Site or part of the Site), even without prior notice, and declining any responsibility for any resulting harm, for any reason, including in case of violation, even partial, of these General Terms of Use.
Limitation of Liability
The Company will not be responsible for any damages due to causes not attributable to itself, such as interruption of internet network services, malfunctions of IT and communication infrastructures, etc.
Furthermore, to the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these General Terms of Use), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Severability
If any provision of these General Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these General Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation, Applicable Law, and Jurisdiction
These General Terms of Use may be made available in different languages.
In case of contrast or conflict between the different versions, the provisions of the Italian language version shall prevail. The Company is therefore exempt from any liability arising from translation defects in languages other than Italian.
In the interpretation and execution of these General Terms of Use, only Italian Law will be applicable.
In case of disputes arising from, or in any way connected to the use of the Site or these General Terms of Use, exclusive jurisdiction will be with the Court of Milan, without prejudice to the application of mandatory territorial jurisdiction criteria established by current procedural rules.
Changes to These General Terms of Use
We reserve the right to modify these General Terms of Use at any time, even without notice. The User is therefore invited to periodically consult the General Terms of Use.
Access to the Site or its use following the publication of changes to the General Terms of Use implies acceptance of the same by the User. In case the User does not intend to accept one or more modifications, they must therefore refrain from using the Site.
Contact Us
If you have any questions about these General Terms of Use, we invite you to contact us via email: support@otpservice.io.
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OTP Service v1.340.1 | Servizio di Fractalgarden Srl | Via Luisa Battistotti Sassi 11 - 20133 Milano (MI) - Italy | P.IVA: 05006700966 - REA: MI-1789001
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