Human Data Income Ltd, registered office at 207 Regent St, Mayfair – London W1B 4NE (United Kingdom) – e-mail: info@humandataincome.com – (hereinafter referred to as “HUDI“)

AND

User, a natural person aged 18 years old and above , requesting the services from HUDI as offered on https://humandataincome.com or on the related HUDI mobile app (hereinafter referred to as “User“), contact details are given by User on Website registration process,

Whereas

1. HUDI is engaged in the business of personal data monetization, owner of a website under the domain of https://humandataincome.com (hereinafter also referred to as “Website” – deemed including the related HUDI mobile app if used by User, offering full or partial Website’s functionalities), where HUDI provides its Services;
2. User wants to use HUDI’s Services as provided on Website and as further explained in this Contract, its Annexes, F.A.Q.s and other document/content on the Website;
3. HUDI makes available a telematic system to User, to be activated through the Website and/or related mobile app, that allows User, inter alia, to register and manage a personal account, make and manage Participations, communicate and interact with HUDI, etc.. The contractual relationship between HUDI and User is agreed and managed in full electronic form;
4. This services agreement (hereinafter referred to as “Contract”) is made on the day of User’s acceptance of this Contract. By clicking on the check box acceptation buttons, User agrees to comply and to be bound by this Contract;
5. Therefore, these general terms regulate all Services that are present on HUDI Website, which may be subject, on a service-by-service basis, to additional terms (called “Annexes”). These service-specific terms are available on the dedicated pages of the Website as well as in the Annexes to these general terms ; in case of conflicts with, or derogation from, the provisions of these general terms and its Annexes, the latter shall prevail;
6. This document is an electronic record, generated and accepted by a computer system and does not require any physical or digital signatures; these terms shall also be made available to User in .pdf format, so that the same may save, store and print them as needed ; likewise, each Participation is made available to User in its personal account area on Website, in a non-editable format;
7. User represents to be at least 18 years old and to have the capacity to enter into a binding contract with HUDI under any applicable law;;
8. The Parties wish to enter into this Contract to document and record their mutual understanding and agreements in relation to the terms and conditions on which HUDI shall make available its Services to Users;

HEREBY AGREE AS FOLLOWS 

1 – Effectiveness of Recitals and Annexes

1. The recitals and the Annexes are integral and substantial parts of this Contract.

2 – Definitions

1. The Parties agree and declare to attribute the meaning specifically indicated to each term as follows:

• Annex(es) means any supplementary contract or explanatory document/content that regulates one or more specific Services offered to User by HUDI on Website and that is incorporated in this Contract by reference;
• Consideration means a promise of something of value given by a promissor in exchange for something of value given by a promisee; in civil law also means the socio-economic justification(s) and reason(s) of a contract;
• Consumer Code means Italian Legislative Decree 206/2005;
• Consumer means the natural person who acts for purposes other than any business, commercial, craft or professional activity;
• Contract means this agreement;
• Cryptocurrency(ies) means a digital asset designed to work as a medium of exchange wherein individual coin ownership records are stored in a ledger existing in a form of a computerized database using strong cryptography to secure transaction records, to control the creation of additional coins, and to verify the transfer of coin ownership;
• A.Q.s means the frequently asked questions about HUDI, its Services and this Contract, with related answers and explanations, available on Website pages;
• Intellectual Property Rights means and includes (i) all rights, title or interest under any statute or under law or under customary usage including any intellectual property or any similar right, anywhere in the world, whether negotiable or not and whether registerable or not, (ii) any licenses, permissions and grants in intellectual property, (iii) applications for any of the foregoing and the right to apply for them in any part of the world, and (iv) all extensions and renewals thereto; any references to “copyright” or similar common law concepts shall be interpretated as pertaining to Intellectual Property Rights;
• Participation means an acceptance made by User to HUDI detailed provision of specific Services publicly offered, made of the preliminary agreement of the general terms under this Contract and the further specifications provided by HUDI in Annexes, F.A.Q.s and in any other document/content about any Services on Website; User may freely agree to (opt-in) or withdraw from (opt-out) one or more specific Services offered on Website by using the Website functionalities in his/her reserved area;
• Quest(s) means any kind of activities that User may perform within the bounty area on Website, e.g., inviting friends to join HUDI Website and Services, following HUDI social network pages and channels, carrying out online purchases, etc. – the Quest may be rewarded if declared so by HUDI under the specific conditions available on Website;
• Registrationdetails means User’s data entered in the registration forms on Website, also in Participation process in order to access the selected Services;
• Registration means the Website procedure, intended for the collection of User’s identification data and other personal data required by HUDI for the provision of the Services; when registration is completed, User is provided with an access code and an identification code (user name) that allows User to access its own reserved area on Website;
• Royalty(ies) means a fee, any sum of money owed to User by HUDI from the usage of his/her personal data according to agreed Services, if generated by HUDI data monetization as reported in HUDI account statements (provided in User’s Website personal account);
• Service(s) means the services provided by HUDI to User, as offered on-line, agreed through the Website and then performed by HUDI according to User’s Participation choices; Services may include – inter alia – the HUDI’s right to reproduce, elaborate, sell, mix, distribute User’s personal data, in different ways (e.g., applying pseudonymous or anonymous techniques), as specified in the applicable Annexes; Quests are deemed as a kind of Service with specific conditions;
• User means the natural person who accesses the Website, identified by unique passwords and User IDs conferred through prior Registration on Website and who has the right to have its own reserved area on Website and to request the Services, as indicated in the Contract, for the agreed usages;
• Website means HUDI website registered under the domain name of https://humandataincome.com as mentioned in the recitals herein; it is deemed including a relating HUDI mobile app if used by User, offering full or partial Website’s functionalities.

3 – Registration – Authentication Credentials – Profile

1. The access credentials to the Services covered by this Contract and the Annexes hereto are assigned to User at the time of User’s online registration by means of a specific form on Website and then confirmed by the User by entering the code received by email and SMS and consisting of (a) an identification code corresponding to the e-mail address and (b) a password chosen by User. The e-mail address and the password defined at the time of User’s registration may be changed by User at any time and without limitation by accessing User’s own reserved area on Website.
2. The services provided by HUDI are private and personal, therefore, User undertakes to diligently protect such credentials, not to disclose them, nor to pass them on to third parties and to keep them confidential, in order to prevent unauthorised access thereto.
3. User shall be held personally responsible for any data declared in the registration form or subsequently provided and shall bear the consequences that may result from issuing false statements. In case of false statements provided by User in the registration form, HUDI reserves the right to refuse or remove User access to the Website and the Services without any notice or explanation and without prejudice to the right to take appropriate legal actions.
4. All the information provided by Users to HUDI will be handled accordingly to HUDI Privacy Policy.
5. The profile created by User on Website shall be deemed as strictly reserved to User himself/herself, not authorising access to third parties nor transferring or granting third-party rights arising therefrom. User shall maintain his/her own personal data on its Website profile constantly updated and accurate, by modifying such data directly through Website or by contacting HUDI.
6. All the above is better described, also with its detailed operation methods, in the F.A.Q.s made available on Website, in specific Services Annexes and related documents/contents. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by HUDI.
7. Should the User account profile be inactive for 6 (six) months, a first reminder will be sent to User via e-mail. Should the User be inactive for 6 (six) more months after receipt of the said reminder, User account shall be closed and deleted. User shall be notified prior to the deletion of his/her account with a deletion notice sent via e-mail to User.
8. HUDI assumes no responsibility for any loss that User may sustain due to compromise of account login credentials due to no fault of HUDI and/or failure to follow or act on any notices or alerts that HUDI may sent to User. In the event User believes his/her HUDI account has been compromised, User shall contact HUDI immediately at the contact details mentioned above.

4 – Consideration, Business model, Cryptocurrencies risks and taxes

1. The sole registration within the Website and access to User’s personal area are free of charge and without any remuneration. The possible Participation to the Services is based on User’s permission and provision of personal data – for more information about the specific Services and what those Services imply, User may read F.A.Q.s and Annexes on Website.
2. Services offered by HUDI on Website may involve a specific Consideration, which varies depending on the Service offered. This Consideration, as well as possible charges, royalties and criteria for their calculation, will be specified in the access pages of each Service as well as in the relevant Annexes to the Contract and in the F.A.Q.s.
3. The business model of Services is based on exchange and reward: User provides personal data to HUDI; HUDI processes and offers them in the data market, in relationship with third-parties, in order to monetize from them. If personal data are deemed valuable by the market, HUDI will collect a revenue from their exploitation and will share this revenue with User as a reward for his/her authorization to monetize his/her personal data . User acknowledges that he/she has no right to a guaranteed reward. Such reward will be granted only if and after HUDI has received it from User’s personal data exploitation.
4. Thus, User does not pay a price for using HUDI Services but provides his/her personal data to HUDI thereby monetizing the economic value of his/her personal data. User’s personal data (and/or other data or metadata, if applicable) shall be used by HUDI for monetizing purposes only in connection and in compliance with Service-specific terms and conditions, as specified in this Contract, Annexes, F.A.Q.s and other documents/contents available on Website, where User may find information about the complete data cycle (collection, usage, pseudonymization and anonymization, security measures, data transfers) and User’s rights. User’s personal data shall be used by HUDI to the extent reasonably necessary to market them as authorized in any specific Service.
5. HUDI shall use commercial reasonable efforts to market and monetize User’s personal data but HUDI is not able to guarantee any specific result or minimum royalty to User. HUDI’s ability to monetize such data depends on the data market and third-parties’ interest in those data such as Data Buyers, Data Providers, etc. Further details on User’s personal data usages and third parties’ involvement are available in HUDI Privacy policy and Annexes, F.A.Q.s and other documents/contents on Website.
6. When User earns Royalties from the usage of his/her personal data – as regulated in Service- specific Annexes, F.A.Q.s and other explanatory document, the receipt and the calculation of the said Royalties is accounted in User’s Website personal account and by e-mail notice. HUDI shall report in these account statements any calculation: revenue collected, possible charges and expenses, applicable taxes, percentages or commissions due to HUDI or relevant third-parties, clearly stating the net amount due to User. The royalty’s calculation scheme shall be always available to User in Annexes, F.A.Q.s and other explanatory document/content on Website, even prior to his/her Participation to any Services.
7. Royalties’ payment shall be performed by HUDI within the timeframe stated in Annexes, F.A.Q.s and other explanatory document/content on Website about specific Services.
8. Payments shall not be performed by HUDI in “fiat” currency (euros, dollars, etc.) or legal tenders but in supported Cryptocurrencies, as stated in Annexes, F.A.Q.s and other relevant explanatory document/content on Website. Rate, availability, functionality, name and any other details about supported Cryptocurrency used by HUDI are explained in the same way on Website. Any Cryptocurrency earned by User shall be stored and reported in his/her Website account, under a specific “Wallet” section, regulated by a specific Annex as any other associated user tool provided by HUDI or third-party. HUDI is not a depository institution and the aforementioned Wallet is not a deposit account; HUDI has no right to use any Cryptocurrencies present in User’s Wallet. This Wallet is not insured by any national or international or federal or private insurance companies or entities. HUDI shall bear no interest for the amount reported in the Wallet.
9. User acknowledges that the value of Cryptocurrencies is highly variable, depending on market trends, software protocols which govern the operation of Cryptocurrencies, their operating rules and other factors beyond HUDI’s control. HUDI has no liability or influence on these parameters, User shall not claim anything against HUDI about them. User acknowledges and accepts the risks arising from these factors and agrees that HUDI is not responsible for them or any changes to them and not liable for any loss of value that User may experience as a result of such factors. HUDI shall notify Users on Website and by e-mail of any income as soon as credited to User, stating the current value in Cryptocurrencies. Royalties due to User by HUDI are deemed as “pecuniary debts” of an amount determined in a currency that is not legal tender in any State – as allowed by Sections 1278 and 1279 Italian Civil Code.
10. The tax treatment of all or some Cryptocurrencies could be uncertain, and it is User’s sole responsibility to determine what taxes, if any, may arise from Contract’s transactions, and for reporting and paying the applicable taxes. User should conduct his/her own due diligence and consult advisors before making any decision about Cryptocurrencies use.
11. If – to the extent permitted by HUDI from time to time – User grants express permission to a third party to access or connect to his/her HUDI account(s), either through the third party’s product or service or through Website, User acknowledges that granting permission to a third party to take specific actions on his/her behalf does not relieve him/her of any of responsibilities under this Contract, nor HUDI is responsible for any third-party activity using User’s account.

5 – Participation to Services

1. Any Participations to any Services shall be validly subscribed only by User who has entered into this Contract. Agreement of each Participation shall be deemed as a single Annex to this Contract and have the same effect. It is understood that any event regarding each Participation (e.g., termination, withdrawal, amendment, etc.) shall affect – unless otherwise indicated by HUDI – only the specific Participation concerned, without affecting the general validity and effects of this Contractor of other ongoing Participations.
2. Each Participation shall be deemed as completed after selection and insertion of further data (if required) on Website, by clicking on specific confirmation checkboxes. If such acceptance is successful, a confirmation screen of Participation will be displayed, including a summary of the terms that have been accepted. A confirmation e-mail shall also be sent to User together with as a summary and receipt of Participation.
3. User shall be free to withdraw/terminate one or more ongoing Participations by using the same means that have been used by User to accept them. HUDI shall stop any User’s personal data usages relating to these Participations immediately or within a given time period as detailed in Annexes and F.A.Q.s. If User wishes to withdraw from/terminate the contractual relationship with HUDI as a whole, see Section 8 below.
4. User is free to enter into this Contract and register an account without incurring in any obligation to agree to any Participation.
5. All of the above is better described, also with its detailed operation methods, in the F.A.Q.s section of Website, which shall form an integral part of the Contract.

6 – Agreement – Amendments

1. The Website visitor may freely consult it and read the information provided therein in compliance with HUDI Website Terms of use. No prior registration is needed to this aim nor prior log in is required for registered User. In any event, the visitor shall be requested to log in (as a registered User) or to register as a User prior to the Participation’s acceptance; failure to do so will not result in any legal obligation being established between the parties. It is also understood that the Registration does not in itself entail any obligation to enjoy the Services or any other kind of User obligation, except for the processing of personal data and the cookies as specified in the relevant provisions accepted by User at the time of the Registration (available on Privacy policy and Cookie policy).
2. The Registration shall be done following the instructions displayed on Website form (which also identifies the personal data that User shall provide in order to complete Registration); separate verification codes are sent to User, by e-mail and via SMS; the Registration process shall be deemed completed once User has successfully confirmed his/her intention to register by entering the said verification codes, with a successful registration notice displayed to User and confirmed by e-mail.
3. User who has obtained authentication credentials may have access, as registered User, to the Services offered to the public by HUDI.
4. Since the Website pages are made available to the public and incorporate all essential elements necessary for agreeing this Contract in its entirety, such elements shall be deemed as HUDI’s public offer pursuant to Section 1336 Italian Civil Code. Providing data in the Registration process shall be deemed as User’s signing this Contract.
5. HUDI reserves the right to amend these terms at any time. User will be notified of such changes by e-mail. In any case, any amendment shall be effective from the moment User explicitly accepts such changes upon the next access to the Website or the next Participation. HUDI shall properly send a confirmation e-mail to User, which shall be deemed as acceptance of a new and different contractual proposal. In the event User does not accept the new terms, User shall not be allowed to make any subsequent Participations nor to enjoy the Services.
6. All of the above is better described, also with its detailed operation methods, in the F.A.Q.s section of Website, which shall form an integral part of the Contract.

7 – User Rights and Duties

1. As registered User, User shall be entitled to request and participate to all the activities reserved to registered users, including access to and use of any related Services, under the terms specified from time to time in the Annexes or F.A.Q.s or other documents/contents on Website.
2. HUDI reserves the right, at its sole discretion, to take the most appropriate legal actions against the parties that are liable for breaching the terms of this Contract or the law, including by lodging a complaint with the competent authorities. By way of example only, below is a list of unlawful or unauthorised activities on Website during the use of Website Services.
3. HUDI requires that all users of its Services respect others and HUDI. In particular, User shall observe the following rules when using Website and Services:

1) Abusive Behaviour: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.

2) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each data subject’s written permission. Do not cooperate in or facilitate identity theft.

3) Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, Sections, or other works of authorship without the written permission of the copyright holder.

4) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial-of-service (DOS) attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.

5) Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way.

6) Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.

7) Violations of Law: Do not violate any law.

Therefore, User undertakes not to copy, reproduce, alter, modify or disclose the contents of the Website in a way other than the ones specified in the terms of the Contract without express written permission from HUDI or by any third parties owning rights on such contents.

4. User undertakes, once the online Registration or Participation process has been completed, to keep the Contract and any related Participation in hard writing or other durable medium (storing and reproducing the contractual text). HUDI shall send an e-mail receipt to User after any registration process or new submitted/modified Participation.
5. USER ACCEPTS EACH SERVICE “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

8 – Termination of this Contract, Right of withdrawal

1. This Contract will continue until terminated by either party as specifically authorized herein.
2. This Contract may be terminated at any time by User by giving written communication ensuring evidence and date of receipt (e.g., e-mail, registered mail). Upon termination of the Contract, HUDI shall cease any usage of User’s personal data within 30 (thirty) days.
3. The termination shall be exercised at User’s choice, by any explicit statement (without penalty or needed motivation), executed by sending an e-mail to HUDI or by submitting a request using the specific function available on User’s Website account.
4. In any case, the termination/withdrawal by User shall be always admitted in relation to this framework Contract; as a consequence of the said termination, User’s registration with the Website, as laid down by Section 3 of the Contract, the use of the Website’s reserved area and the request of Participations shall be cancelled. Such right shall be exercised according to the aforementioned terms, without any obligation to state reasons and free of charge.
5. Upon receipt of the withdrawal, HUDI shall promptly delete User from the Registered User’s Database, as it will be confirmed to User by e-mail. As a result, User will be prevented from using the Services and his/her personal data will be deleted, except for the data that shall be kept in compliance with the applicable legislation (e.g. the data required for tax purposes) or for other purposes as stated in HUDI Privacy policy. It is understood that the termination/withdrawal from the Contract implies the immediate termination of any Participations that are in progress, but not yet executed at the time of termination.
6. HUDI may terminate this Contract pursuant to and for the purposes set out in Section 1456 Italian Civil Code, in the event of the Consumer’s non-compliance with or breach of the provisions in Sections 3, 5, 7 or 11 of this Contract, without prejudice to the rights of HUDI to benefit from any compensation for damages.
7. If User is deemed a “consumer”, the above right to terminate this Contract may be interpreted as the “right of withdrawal” as provided by Consumer Code. HUDI grants User the right to withdraw from the Contract at any time, without regulatory time constraints. The termination of any Participation shall be deemed as a specific consumer withdrawal that User is entitled to exercise in the same way.
8. The following provisions will survive termination/withdrawal of this Contract: (a) Sections 7, 9, 11, 12, 13, 17, 18; and (b) any other provision of this Contract that must survive to fulfil its essential purpose.

9 – HUDI’s Liability – Indemnity and Exemptions

1. HUDI declines any liability for errors, omissions, interruptions, cancellations, defects, operating or transmission delays, communication line failures, theft, destruction, unauthorised access or alteration of any communication made by users (whether registered or not) as well as any liability related to any technical problem or inconvenience concerning networks or telephone lines, online processing systems, server, computer equipment, software, e-mail or reproduction software errors due to technical problems or to a high level of Internet traffic of the Services of the Website or a combination thereof.
2. The Website Services are provided based on the technical availability; the Website does not guarantee its continuous, safe, error-free or uninterrupted provision; HUDI cannot guarantee or promise the achievement of specific results as a result of the use of the Services, in addition to what has been agreed herein.
3. The web pages of the Website may host banners or other advertising connections (known as “links”) to services and Internet websites of HUDI or third parties. HUDI declines all responsibility related to the access, use and contact with such third parties and related services and shall not be deemed as related to them in any way, especially as an intermediary, nor is HUDI to be deemed responsible for the evaluation, examination or any control of what is claimed and published through such links. Therefore, each advertiser shall be personally and solely liable to Users for the aforementioned advertising link and related services.
4. HUDI shall not be liable for the provision of the Services except for intentional or gross negligence; more specifically, User shall indemnify and hold HUDI harmless from any liability arising from the provision of Services (including any effects on things and persons), both to User and to third parties, including all claims, damages, liabilities, costs and expenses. More specifically, User represents to have full and legitimate availability of any content or information included by User in the Website and that such content/information does not infringe any third-party rights.

10 – Force majeure

1. In the event of impossibility or interruption of execution of a Service or of this Contract by HUDI for factors falling outside its reasonable control or for force majeure events (e.g., blackout, natural disaster, flood, earthquake, accident, pandemic), HUDI may agree to finish or carry out the Service(s) or this Contract at a different time. In the event the re-scheduling of a Service or this Contract is not possible, the Participation(s) or this Contract shall be deemed terminated due to impossibility, without HUDI being bound in any way vis-à-vis User with respect to that specific agreement, and without any due compensation.

11 – Confidentiality

1. User agrees not to disclose HUDI Confidential Information without HUDI’s prior written consent. “Confidential Information” includes without limitation: (i) all HUDI intellectual property, including without limitation all software, technology, programming, technical specifications, materials, guidelines and documentation relating to HUDI Services; (ii) any usage or click-through rates, financial information (including pricing), business information, including operations, planning, marketing interests, products, and any other reporting information (including revenues, if any, paid to User by HUDI) provided by HUDI; and (iii) any other information identified in writing by HUDI as “Confidential” or an equivalent designation or that would otherwise be reasonably considered confidential or proprietary under the circumstances, eg. e-mail or other kind of messages from HUDI to the User.
2. It does not include information that has become publicly available without breach by User or HUDI of this Contract, or information that has been (a) independently developed by User without reference to HUDI Confidential Information, as evidenced in writing; (b) rightfully received by User from a third party without a breach of confidentiality by such third party; or (c) required to be disclosed by law or by a governmental authority.

12 – Website rights and its Intellectual Property

1. The Website (including, but not limited to, graphics, design, trademarks) is protected by applicable copyright laws, trademarks, patents and other intellectual property rights as well as other applicable laws.
2. The owner of the Website makes available to the public (in an interactive form on demand) the Website and its contents; moreover, this Contract grants User a limited license for the reproduction and viewing of the pages of the Website (excluding any software code), exclusively for personal use and for the use of the relevant Services; any different and further rights in addition to the ones indicated in the present section of the Contract shall be deemed as excluded in relation to User, unless otherwise expressly agreed in writing between User and the owner of the rights.

13 – Intellectual Property Rights on HUDI’s Databases

1. User hereby acknowledges that his/her personal data – as provided to HUDI in order to perform contractual Services – shall be used, combined,connected, mixed or joined with other people’s personal data or third-party’s data or metadata, in order to build datasets and databases by HUDI. These datasets and databases may be protected by Intellectual Property Rights exclusively pertaining to HUDI or third-parties, and not to User – e.g. sui generis property rights that Italian Law n. 633/1941 recognizes to whom has invested efforts in compiling a database or TRIPs (Trade-Related Aspects of Intellectual Property Rights) agreements about databases if they constitute intellectual creation by virtue of the selection or arrangement of their contents, even if some or all of the contents do not themselves constitute materials protected by copyright.
2. If applicable, User hereby grants HUDI a non-exclusive, worldwide, license and right to use, with the right to grant sublicenses to its affiliates and third-parties, all the Intellectual Property Rights used in or related to his/her personal data, in order to build, maintain and exploit HUDI’s datasets and databases.
3. If User or HUDI terminates this Contract, HUDI shall exclude User’s personal data from its datasets and databases, without prejudice to HUDI’s Intellectual Property Rights on them and without other fee, royalty, reward or consideration due to User for these rights and usage, except to what stated in Section 4 of this Contract.

14 – Communications

1. All communications by HUDI to User shall be made, at the exclusive choice of HUDI, by e-mail, ordinary mail or by telephone to the contact details provided by User during the registration process (or later updated by User).
2. All communications by User to HUDI regarding Services and this Contract may be made by e-mail only to info@humandataincome.com. For any other communications, the contact details on Website shall be deemed as valid. User may also communicate with HUDI by accessing User’s own reserved area on Website and using all specific functions available therein.

15 – Technical Specifications for User

1. Before using Website, User shall verify that his/her electronic and telematic tools and devices have the necessary (software and hardware) minimum requirements for their proper use. The minimum technical requirements are provided on Website, in the F.A.Q.s section.
2. HUDI shall assume no responsibility for the lack of or incorrect use of the Services or Website resulting from the lack of the minimum requirements.

16 – Applicable Language

1. The parties agree to exclusively use the English language for the Contract and for any relationship arising between them. Any English terms used in this Contract (or by the Parties in the performance of this Contract) shall be interpreted in accordance with the Italian civil legal system.

17 – Governing Law and Dispute Resolution – ODR – Jurisdiction

1. The parties expressly agree on their intent to apply the Italian law to the Contract, as well as to all aspects of the relationship arising from the Contract or otherwise related thereto, also with respect to its execution, termination, cancellation, withdrawal.
2. The parties undertake, prior to recurring to legal actions, to initiate the special Online Dispute Resolution procedure, namely the online alternative dispute resolution, through the bodies appointed for these purposes and chosen through the https://webgate.ec.europa.eu/odr platform, under the terms to be consulted therein.
3. In case of disputes that may arise from this contractual relationship, the jurisdiction shall be compulsorily held by the Judicial Authority of User’s place of residence or domicile (if deemed a “consumer”, pursuant to Consumer Code). Should User not be a consumer, the courts of Milan (Italy) shall have exclusive jurisdiction.

18 – General Clauses

1. User agrees that HUDI may assign or otherwise transfer this Contract, in whole or in part, as well as its rights and/or obligations hereunder to third parties, without the need for further User’s authorisation and with the sole obligation to give notice of such assignment to User’s contact details.
2. The Contract supersedes and precedes any previous, verbal or written agreements between the Parties referring to the same purpose. Any amendments to the Contract will be valid and binding only if proposed and approved in writing or with the online procedure outlined in the present Contract.
3. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Contract invalid or otherwise unenforceable in any respect. In the event that a provision of this Contract is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Contract will continue in full force and effect.
4. Except as expressly provided in this Contract, any waiver of the rights and the duties arising from the provisions of this Contract will only be effective if it is in writing and signed by the Party waiving such provisions. No failure or delay by a Party in exercising any right, power or remedy under this Contract shall operate as a general and tacit waiver thereof, nor shall any single or partial exercise of these rights preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, the fact that either of the Parties does not exercise or enforce its rights in case of breach of this Contract by the other Party may not be deemed as a general waiver of the rights provided under this Contract nor may it precludes such Party from enforcing its rights with respect to any preceding or subsequent breach of this Contract or of any other provision hereof.
5. Each Party shall co-operate with the other Party and execute and deliver to the other Party the instruments and documents and take other actions as may be reasonably requested from time to time in order to exercise rights hereunder and the intended purpose of this Contract and to ensure the complete and prompt fulfilment, observance and performance of the provisions of this Contract and generally that full effect is given to the provisions of this Contract.
6. This Contract shall be regulated by the provisions of Italian Civil Code (Royal Decree n. 262/1942) and Italian Legislative Decree No. 206/2005, where compatible, (“Consumer Code”, specifically, Part III – Chapter I “On Consumer rights in Contracts” on distance contracts and contracts negotiated outside the business premises), and – where appropriate – by Italian Legislative Decree No. 70/2003 (Transposition of the Directive on Electronic Commerce), and – where appropriate – by Italian Legislative Decree n. 196/2003 (“Data Protection Code”) and Reg. (UE) 2016/679 (“General Data Protection Regulation”). User declares to know and understand the stated Italian laws, having received proper advisory from independent legal experts about them and this Contract (if deemed necessary). United Nations Convention on Contracts for the International Sale of Goods shall have NO applicability. Services provided by HUDI are NOT “financial services”, “investment services” or similar kind of products/services as regulated by Italian Legislative Decree n. 58/1998 or Italian Legislative Decree n. 385/1993 or other Italian laws about finance and banking.
7. The existence of any other additional agreements between HUDI and User shall not result into their connection to this Contract; therefore, each of these agreements shall remain separate and independent, unless a contract or agreement explicitly and functionally invokes another (also in case of Annexes and Participations to this Contract), but always within the limits of its correct literal interpretation.
8. User declares to have read, understood, and accepted in full these terms and conditions and the relevant Annexes hereto (also referred to as F.A.Q.s on Website) and undertakes to keep them on paper or on other durable materials at its disposal and accessible to User.
9. The Parties agrees and understands that they will communicate through electronic and telecommunications means about this Contract performance; User may periodically receive communications – e.g., through e-mail, SMS, chats, instant messaging, or other electronic means – from HUDI as required for the performance of this Contract. HUDI will communicate with User at the contact details provided by User at the time of registration.
10. The relationship between the Parties is on a principal-to-principal basis. Nothing in this Contract shall be deemed to constitute either Party the partner, the agent or legal representative of the other Party, or to create any joint venture, fiduciary, employer-employee or other similar relationship between the Parties.

Revision Date: 07/06/2021

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