Terms and Conditions

Section 01

General provisions and subject matter of the contract

Preamble

These Terms and Conditions of Service (hereinafter, the “Terms”) govern access to, consultation, browsing and use of the website, applications, algorithmic modules and all related digital services provided by Esse 2 S.r.l.s. (hereinafter, the “Provider” or the “Company”).

Acceptance of the Terms

Access to, registration on, or use in any capacity of the website and services by the user (hereinafter, the “User”) constitutes an express manifestation of consent to, and full acceptance without reservation of, these General Terms. If the User does not intend to accept these provisions in full, the User is expressly requested to refrain from browsing the website and using the services.

Amendments and updates

The Company reserves the exclusive right to amend, supplement or periodically update these Terms in order to bring them into line with new national or EU legislation, developments in case law, or technical and architectural implementations of the services. Amendments shall become effective and binding on all Users from the date of their publication on the website. Continued use of the platform after such amendments have been introduced constitutes full acceptance thereof.

Section 02

Eligibility requirements and account registration

Age and legal capacity requirements

18+

Access to and use of the services are strictly reserved for natural persons who have reached 18 years of age and who have the full legal capacity and capacity to act required to enter into binding contracts. By accessing the services or completing any registration or request procedure, the User expressly declares, under their own responsibility, that they meet these requirements.

Account and safekeeping of credentials

Where access to specific services, APIs or restricted areas of the portal requires the registration of a user account or the issuance of cryptographic keys/authentication tokens:

The User undertakes to provide identification data that is truthful, complete, accurate and kept up to date at all times;
The User is solely and exclusively responsible for the diligent safekeeping and strict confidentiality of their access credentials, passwords and tokens;
Any action, query or transaction carried out through the User’s account shall be attributed directly to the User;
In the event of loss, theft or suspected compromise of credentials, the User must promptly notify the Company by email at privacy@cosen-lab.com so that the account can be blocked without delay.

Section 03

Intellectual property and license of use

Ownership of content

All content made available on the website and through the services – including, by way of example only and without limitation: texts, editorial articles, trademarks, commercial logos, names, graphic design, icons, source code, scripts, style sheets, databases, architectural specifications, technical diagrams, workflows, as well as proprietary artificial intelligence models or weights developed by Esse 2 S.r.l.s. – is the exclusive property of Esse 2 S.r.l.s. or its licensors and is protected by Italian and international laws on copyright, registered trademarks, patents and trade secrets.

Limited license

Esse 2 S.r.l.s. grants the User a personal, temporary, non-exclusive, non-transferable and revocable license solely to view and consult the website for informational purposes or for operational purposes strictly related to the services subscribed to.

Limits of use and prohibition of automated extraction (TDM)

Any reproduction, decompilation, disassembly, reverse engineering, distribution, transfer or creation of derivative works is expressly prohibited. The Company expressly reserves all rights under Art. 4 of Directive (EU) 2019/790 (Copyright in the Digital Single Market): any act of data scraping, indiscriminate web crawling or text and data extraction (Text and Data Mining – TDM) carried out by means of bots, spiders or automated scripts without prior written authorization is strictly prohibited.

Section 04

User code of conduct and acceptable use

The User undertakes to use the platform in compliance with applicable laws and regulations and with the principles of fairness, good faith and public order. In particular, it is strictly prohibited to:

01
Security breaches
Attempt to breach, circumvent or test the vulnerability of the authentication systems, firewalls, encryption, servers or databases connected to the service.
02
Distribution of malicious code
Upload, transmit or inject viruses, worms, malware, trojans or other programs capable of damaging, intercepting or compromising the integrity of the website.
03
Unlawful or harmful activities
Use the contact channels or the services for purposes that are unlawful, defamatory, threatening, contrary to public decency or harmful to the rights of third parties.
04
Prompt injection and AI manipulation
Enter prompts or queries intended to circumvent alignment filters, induce harmful hallucinations or violate the provisions of the EU AI Act (Regulation (EU) 2024/1689).

Violation of even one of the foregoing rules will result in the immediate revocation of access to the services and entitles Esse 2 S.r.l.s. to take legal action before the competent courts to recover all damages suffered.

Section 05

Warranties, limitation of liability and service continuity

Provision “as is”

The website, interactive demonstrations, technical documentation and services are provided by Esse 2 S.r.l.s. “in their current factual and legal condition” (as is) and “subject to availability” (as available), without warranties of any kind, whether express or implied.

Service continuity and maintenance

Esse 2 S.r.l.s. takes all reasonable care to ensure the continuous operation and security of the platform. However, the Company does not guarantee that access to the website will be free from temporary interruptions, technical defects, network latency or software errors. Esse 2 S.r.l.s. reserves the right to suspend or limit access to the platform in order to carry out routine or extraordinary maintenance or infrastructure upgrades.

Exclusion of liability

To the maximum extent permitted by applicable mandatory law (expressly excluding cases of willful misconduct or gross negligence pursuant to Art. 1229 of the Italian Civil Code), Esse 2 S.r.l.s. disclaims all liability for:

Direct, indirect, incidental or consequential damages suffered by the User or third parties arising from the use of, or inability to use, the website and its modules;
Loss of data, profits, business opportunities or goodwill;
Malfunctions caused by failures of telecommunication lines, internet provider outages or force majeure events beyond the Company’s control (including widespread cyberattacks or infrastructure outages);
Inaccuracies, or decisions made by the User on the basis of results generated by experimental or analytical artificial intelligence models.

Section 06

Terms for consumers (B2C) and right of withdrawal

Where the User qualifies as a “Consumer” within the meaning of Art. 3(1)(a) of D.Lgs. 206/2005 (Codice del Consumo, the Italian Consumer Code) – that is, a natural person acting for purposes outside any business, commercial, craft or professional activity they may carry on – the mandatory protections provided therein apply.

Exercising the right of withdrawal · Arts. 52 et seq. of the Consumer Code

calendar days

The Consumer has the right to withdraw from the distance contract, without giving any reason and without penalty, within a period of 14 (fourteen) calendar days from the conclusion of the contract or from receipt of the goods.

To exercise the right of withdrawal, the User must send an explicit written notice to:

Addressee: Esse 2 S.r.l.s.
Postal address (registered mail with return receipt): Viale Treviso, 74, 30026 Portogruaro (VE), Italia
Certified email (PEC): esse2-srls@pec.it
Support email: privacy@cosen-lab.com

Statutory exceptions to the right of withdrawal (Art. 59 of the Consumer Code)

Pursuant to Art. 59(1)(o) of D.Lgs. 206/2005, the right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium, or SaaS services, where performance has begun with the User’s express consent and the User’s acknowledgment that they would thereby lose the right of withdrawal once performance of the service began.

Section 07

Data protection and information security

Personal data of Users collected in connection with the use of the website is processed in strict compliance with Regulation (EU) 2016/679 (GDPR) and D.Lgs. 196/2003 as amended by D.Lgs. 101/2018 (Italian Privacy Code).

Full information on the categories of data processed, the legal bases, retention periods, security measures (TLS 1.3 encryption in transit and AES-256 at rest) and the exercise of the rights under Arts. 15–22 GDPR is available at the following official links:

The Privacy Policy and the Cookie Policy form an integral, essential and inseparable part of these Terms and Conditions of Service.

Section 08

Dispute resolution, governing law and jurisdiction

Governing law

These Terms and Conditions, as well as any contractual or non-contractual relationship arising from the use of the website and services of Esse 2 S.r.l.s., are governed in their entirety by Italian substantive and procedural law.

Alternative dispute resolution (ADR / ODR)

In accordance with Art. 14 of Regulation (EU) No 524/2013, Consumer Users resident in the European Union are informed that the European Commission has established a platform for the online out-of-court resolution of disputes (ODR), available at: ec.europa.eu/consumers/odr. This is without prejudice to the User’s right to bring proceedings before the ordinary courts.

Allocation of territorial jurisdiction (competent court)

A. Consumer Users (B2C)

Consumer’s court

For any dispute arising from these Terms to which a Consumer is a party, mandatory territorial jurisdiction lies with the court of the place of the Consumer’s residence or elected domicile, provided it is located within the territory of the Italian Republic (pursuant to Art. 66-bis of the Consumer Code).

B. Professional and business Users (B2B)Applies to you

Court of Pordenone

For any dispute concerning the validity, interpretation, performance, termination or expiry of these Terms with parties who do not qualify as Consumers, the Parties agree to the exclusive and mandatory jurisdiction of the Court of Pordenone (Italy).

Section 09

Company details and official contacts

In accordance with Art. 7 of D.Lgs. 70/2003 (Italian E-Commerce Decree) and Art. 2250 of the Italian Civil Code, the full legal identification details of the service Provider are set out below.

Esse 2 S.r.l.s.

Registered office: Via Roma n. 34/4, 33075 Cordovado (PN), Italia
Operational headquarters: Viale Treviso, 74, 30026 Portogruaro (VE), Italia
Tax code and VAT number: 01786010932
Chamber of Commerce REA number: PN-104498
Certified email (PEC): esse2-srls@pec.it
Official support and legal email: privacy@cosen-lab.com

privacy@cosen-lab.com PEC: esse2-srls@pec.it

Terms and Conditions of Service.

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