Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Adigo, Inc. ("Adigo", "we", "us", or "our") concerning your access to and use of the Adigo website, mobile applications, products, and services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services. We reserve the right to refuse service to anyone for any reason at any time.

For the purposes of these Terms, the following definitions apply:

You agree to use our Services only for lawful purposes and in accordance with these Terms and all applicable local, state, national, and international laws and regulations. By using the Services, you represent and warrant that you have the legal capacity to enter into this Agreement.

You expressly agree that you will NOT:

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  Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
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  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, servers, or networks
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  Use any automated system, including robots, spiders, or scrapers, to access the Services without our express written permission
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  Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
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  Impersonate or attempt to impersonate Adigo, an employee, another user, or any other person or entity
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  Collect or harvest any personally identifiable information from the Services without authorization
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  Engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services
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  Use the Services for any unauthorized commercial purpose or for the benefit of any third party
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  Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
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  Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services

Certain features of the Services may require you to register for an account. When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

You are solely responsible for:

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  Maintaining the confidentiality of your account password and credentials
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  All activities and transactions that occur under your account, whether authorized by you or not
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  Notifying us immediately of any unauthorized access or use of your account or any other breach of security
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  Ensuring that all information provided during registration and at all other times is accurate and up-to-date
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  Properly logging out from your account at the end of each session
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  Ensuring that your account is not used by persons under the age of 18 without appropriate supervision

If you wish to purchase any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, expiration date, billing address, and shipping information.

We will arrange for shipment of ordered products to you. Please check the individual product pages for specific delivery options. Shipping and handling charges are non-refundable.

Delivery timeframes are estimates only and are not guaranteed. Adigo is not responsible for delays in delivery resulting from circumstances beyond our reasonable control, including but not limited to:

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  Delays caused by shipping carriers or postal services
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  Customs clearance procedures and international shipping restrictions
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  Acts of God, natural disasters, severe weather conditions
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  Labor disputes, strikes, or work stoppages
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  Government actions, regulations, or restrictions
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  Incorrect or incomplete shipping addresses provided by you

We want you to be completely satisfied with your purchase. If you are not satisfied, you may return eligible products in accordance with our return policy:

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  Standard products may be returned within thirty (30) days of delivery for a full refund, minus shipping costs
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  Products must be returned in original, unused condition with all original packaging, accessories, manuals, and documentation
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  Custom-configured, personalized, or made-to-order products are not eligible for return unless defective
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  Opened software, digital downloads, and subscription services are non-refundable
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  Refunds will be issued to the original payment method within ten (10) business days of our receipt and inspection of the returned product
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  Return shipping costs are the responsibility of the customer unless the product is defective or we made an error
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  A restocking fee of up to 15% may apply to certain returns
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  All returns require a Return Merchandise Authorization (RMA) number, which must be obtained by contacting customer service

Adigo warrants that Kiosk Products will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of original purchase (the "Warranty Period"). During the Warranty Period, Adigo will, at its sole discretion, either repair or replace any defective product at no charge.

This limited warranty DOES NOT cover:

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  Normal wear and tear, cosmetic damage, or gradual degradation of performance
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  Damage caused by accident, misuse, abuse, negligence, improper installation, or failure to follow product instructions
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  Damage caused by use with non-Adigo products or unauthorized third-party accessories
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  Unauthorized modifications, alterations, repairs, or service performed by anyone other than Adigo or an authorized service provider
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  Damage from external causes including but not limited to fire, flood, earthquakes, power surges, improper voltage, or other acts of God
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  Software issues, bugs, or compatibility problems not directly caused by hardware defects
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  Products purchased from unauthorized resellers or distributors
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  Consumable parts such as batteries, unless failure is due to a manufacturing defect

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection and arrangement, and the Adigo logo and trademarks) are owned by Adigo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not:

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  Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as incidental to normal web browsing
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  Use any of our trademarks, service marks, trade names, logos, or branding without our express prior written consent
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  Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials
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  Access or use for any commercial purposes any part of the Services or any services or materials available through the Services
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  Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software comprising the Services
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  Use any automated system or software to extract data from the Services ("screen scraping")
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  Frame or link to the Services without our express written permission

The Services may allow you to post, submit, publish, display, or transmit content including text, photographs, videos, designs, reviews, comments, and other materials (collectively, "User Content"). By providing any User Content through the Services, you grant Adigo a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any and all media or distribution methods (now known or later developed).

You represent and warrant that:

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  You own or have all necessary rights, licenses, consents, and permissions to submit the User Content and grant the license above
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  Your User Content does not infringe, violate, or misappropriate any third party intellectual property, privacy, publicity, or other rights
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  Your User Content does not contain any viruses, malware, or other harmful code
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  Your User Content does not violate any applicable laws, regulations, or these Terms
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  Your User Content is not defamatory, obscene, pornographic, abusive, harassing, threatening, or otherwise objectionable

Your privacy is critically important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices as described therein.

We collect and process data in accordance with applicable data protection laws including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant privacy regulations.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ADIGO, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "ADIGO PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

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  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
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  WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
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  WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES
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  WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS
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  WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ADIGO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:

EVEN IF ADIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE ADIGO PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

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  DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS
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  DAMAGES FOR LOSS OF DATA, PROGRAMS, OR INFORMATION
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  DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF BUSINESS
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  DAMAGES ARISING FROM YOUR INABILITY TO USE THE SERVICES
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  DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
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  DAMAGES ARISING FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES
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  ANY OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES

You agree to defend, indemnify, and hold harmless the Adigo Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from:

This indemnification obligation will survive the termination of these Terms and your use of the Services. Adigo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Adigo in asserting any available defenses.

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  Your use of and access to the Services
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  Your violation of any term of these Terms
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  Your violation of any third party right, including without limitation any copyright, property, or privacy right
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  Any claim that your User Content caused damage to a third party
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  Your violation of any applicable law, rule, or regulation
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  Any negligent or willful misconduct by you

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

Grounds for immediate termination or suspension include, but are not limited to:

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  Breach of these Terms or any applicable law or regulation
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  Fraudulent, abusive, or illegal activity
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  Request by law enforcement or other government agencies
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  Unexpected technical issues or problems
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  Extended periods of inactivity
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  Non-payment of any fees owed by you in connection with the Services
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  Engaging in conduct that we determine, in our sole discretion, is harmful to other users, us, or third parties

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Italy, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Naples, Italy, and you irrevocably consent to personal jurisdiction and venue in such courts.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the new Terms on this page and updating the "Last updated" date at the top of this page. For significant changes, we may also provide additional notice such as sending an email notification or displaying a prominent notice on our Services.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.

The Services and underlying technology may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Adigo, or any products utilizing such data, in violation of the United States export laws or regulations.

If you are a U.S. Government entity, our Services are "Commercial Items" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with these regulations, the Services are provided with only those rights as are granted to all other end users pursuant to these Terms.

Adigo is committed to making our Services accessible to all users. We strive to meet or exceed WCAG 2.1 Level AA standards. If you experience any difficulty accessing any part of our Services, please contact us at contact@adigo.com and we will work with you to provide the information or service you need through an alternate communication method.

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the sole and entire agreement between you and Adigo regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

You may not assign or transfer these Terms, by operation of law or otherwise, without Adigo's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Adigo may freely assign or transfer these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.