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Terms of use

General Terms of use of the services provided by Mobile Solution Srl to own Customers



ARTICLE 1 - DEFINITIONS

"MS" is Mobile Solution S.r.l., currently with legal office in Milan, via Pietro Mascagni n. 14.

"Skebby.com" is MS the Internet website through which the Customer buy the Services.

"Website" is the Internet website www.skebby.com.

"Service" is the free service Free SMS and the paid for service Easy SMS, best described in the Internet website www.skebby.com

"Software" is the MS application that MS authorizes the Customer to download only to use Free SMS and Easy SMS Services and within the limits of the same ones, and that it must be installed on Mobile Device to allow the use of the Services from Mobile device service or on Computer (through client or application web-based) for the use of the services through Web.

"Customers area" is the section of the Internet Website www.skebby.com dedicated to every Customer and accessible through customer username and password.

"Operations" are the Sign up, the Activation, the Execution of an Order, the Signing of the Contract or the Single Contract of Supply, the Payment of the Amount Due; they are performed through the connection to the Internet WebSite, via computer or mobile telephony devices.

"Sign up" is the registration that the customers carry out and that it confers the right to access the Skebby services as indicated in the Internet Website and offered by MS. In particular allows to make use directly of the free service Free SMS mentioned in this contract.

"E-mail address " is the email address specified from the Customer during the Sign up.

"Activation" is the procedure through which the Customer communicates to MS, through the necessary transmission of the Activation request, some data for the Contract and/or Single Contract for Supply execution and to correspond to MS the una tantum Cost of Activation,related to the cost of first time activation for Easy SMS service.

"Activation Request" is the request made by the customer to MS for the activation of Easy SMS service.

"Customer" is whoever uses the Free SMS service and who performs under his own name, the Activation of the Service Easy SMS formulating an Order directly to MS to buy credit for the use of Easy SMS service, according to the procedures mentioned in the these Terms of use; Customer is also who carries out under his own name the Activation for the Easy SMS service and buys credit for Easy SMS service by another customer or by a Merchant, through the transfer of the credit from these parties previously paid to MS. This contract does not deal with the relationships between MS and subjects that buy the Services when performing a professional activity to resell them (Merchants).

"Customer Number" is the number provided by the mobile network operator eventually communicated by the customer during the Sign up process or with the Activation Request or automatically obtained by MS, that identifies the same Customer.

"Confirmation of the Customer Number" is a alphanumeric code inserted in the WebSite by the Customer in answer to a SMS sent by MS to the Customer to verify the customer number communicated by the Customer itself; such a number could also be automatically verified from MS during the operations of download and installation of the Software that is during the Activation procedure.

"Customer Numbers" are the numbers provided by mobile network operator communicated by the customer to MS and from which the customer will be able to send the SMS through top-up of SMS credit.

"Account" is the identification of the Customer, uniquely associated to the customer name and password chosen by the Customer during the Sign up and to the Customer Number communicated or verified automatically by MS.

"Terms of use" are the present conditions that deal with the relationships between Customers and MS with reference to the performance of the Free SMS and Easy SMS services and the Single Contract of Supply signed between customer and MS for the purchase of credit to use Easy SMS service.

"Contract" is this contract, containing the Terms of use

"Single Contract of Supply" are the individual agreement executed between the Customer and MS concerning the purchase of credit to use Easy SMS service, signed according to these Terms of use and in compliance with the conditions as mentioned in the Commercial Offer.

"Message" is the message sent through SMS system by the customer to the final recipient taking advantage of the Services.

"Package of Messages" is the credit for the performance of the Easy SMS service for the delivery of Messages from time to time obtained by the Customer, as mentioned in the Commercial Offer.

"Commercial Offer" is the details of the offer of MS to its own customers, containing description of the Messages Package, the indication of the Amount Due and the single cost of the Messages accessible on the Internet Website. The prices mentioned in the Offer are applicable exclusively for the purchase of credit for Easy SMS service by the customer directly from MS.

"Order" is the request, performed by the Customer to MS, to buy a specific Package of Messages and consequently of the Single Contract of Supply agreement. The Order is forwarded by the Customer through a click on the Order button.

"Amount Due" is the amount that the Customer is required to pay to MS with the finalization of Single Contract of Supply according to the Commercial Offer, that vary according to the Package of Messages bought.

"Costs of the Service" are the costs of the delivery of the Messages, analytically indicated in the commercial offer.

"Cost of Activation" is the una tantum amount requested when performing the Activation procedure for Easy SMS service as the amount due for the cost of first time account activation

"Costs of Connection" are the costs of the data transfer, requested by every mobile network operator to the Customer, in case the latter chooses to send the Messages through the MS application from own Mobile Device. Such costs are integrally paid by the Customer and they are not verified by MS.

"D.Lgs. 70/2003" are Legislative Decree, 9th april 2003, number 70, entitled Performance of the Directive 2000/31/CE related to some legal point of view about the services of the company of the information in the home market, with detailed reference to the electronic commerce.

"D. Lgs. 196/2003" is Legislative Decree, 30 june 2003, number 196, entitled Code of protection of the personal data.

"D.Lgs. 206/2005" september 2005 is Legislative Decree 6, number 206, entitled Code of the consumption, in compliance with Article 7 of the law 29 July 2003, n. 229.

"D.Lgs n. 7/2007" is the Legislative Decree 31, January 2007, number 7 entitled urgent Measures for the protection of the consumers, the promotion of the competition, the development of economic activities and the birth of new enterprises.

"Law/s" is the law in effect in the Italian State.

"SMS- Short Message Service", is the system that allows to send the Messages.

"Terminal/s Mobile/s" is any device in a position to being connected to Internet, to receive and to send SMS, like, just an example, a mobile phone

ARTICLE 2 - FUNCTIONING OF THE SERVICE

2.1 These Terms of use deal with the relationships between Customers and MS with reference to the performance of the Free SMS and Easy SMS services and discipline the performance of the services from MS to own Customers who carry out an Order through the Internet Website or they buy credit the Easy SMS service from other Customer or from a Merchant, except in these cases the application of subsequent article 3 and the other provisions specifically excluded.

2.2 MS supplies to own Customers a support Software for the delivery of Messages to Mobile Devices that allow the Customers to send Messages from own Mobile Device or from own personal computer to others Mobile Devices

2.3 The features of the Services are listed in detail in the Commercial Offer, that can be accessed and reviewed on the Internet Website, that form an integral and substantial part of this Contract.

2.4 The use of the Service require (i) to complete of the procedure of Sign up by the Customer; (ii) the download and installation by the Customer of the Software on own Mobile Device; for the Easy SMS service only also (iii) to complete the procedure of Activation by the Customer, with payment of the una tantum Cost of Activation (iv) the delivery of the Order by the Customer (v) the payment of the Amount Due for the paid credit (vi) the reception by MS of the Confirmation of successful Payment of the Amount Due.

2.5 The steps mentioned in the precedence point 2,4, whose completion is necessary for the use of the Service, must be considered specified in the following way:

(i) Completion of the Sign up procedure by the Customer: MS supplies own Services exclusively to the Customers who have completed the procedure of Sign up. The procedure of Sign up entitles the customer to access the Services and require the communication to MS of certain data as specified in the Commercial Offer as well as the acceptance of the Privacy Policy. Also the acknowledge and acceptance statement is requested for these Terms of use.
(ii) Software Installation on Mobile Device: in case the Customer takes advantage of own Mobile Device, for an example a mobile phone, for the use of the Services.
(iii) To Complete the procedure of Activation by the Customer: the Customer, that has already completed the Sign up, as a result of the Activation Request, is required to insert further data needed for the invoicing of the Services mentioned in this Contract, to pay the related Cost of Activation related to the cost of first activation requested una tantum. The amount of such Cost of Activation is specified in the General Offer- The Activation is executed during the first purchase order of credit for the Service Easy SMS;
(iv) Delivery of the Order by the Customer: the Customer delivers to MS own Order for the purchase of credit to use Easy SMS service;
(v) Payment by the Customer: the Customer performs the payment of the Amount Due for the use of Easy SMS service as own Order and eventually payment of the Cost of Activation, in the event in which the customer has not performed the Activation previously. The payment can be performed exclusively through means of payment indicated on MS website.

Receipt from MS of the Confirmation of executed Payment: MS receives the Confirmation of the Payment from own financial partner that testifies of the amount paid by the Customer to MS for Easy SMS service being credited.

2.6 The Single Contract of Supply between MS and the Customer are agreed in the moment in which MS receives, by means of electronic procedure, both the Order of the Customer and the Confirmation of executed payment. The order sent by the Customer will be binding for MS only if the entire procedure indicated to Articles 2.4 and 2.5 before will be completed regularly and in the correct way, without the highlighting from the Internet Website of any type of error messages, for all the length of such procedure, until to the delivery of the Order.

2.7 At the moment of the agreement of the Single Contract of Supply made between MS and the Customer, MS sends to the Customer by e-mail to the E-mail Address or by SMS with web links (i) the summary, containing the detailed indication of the amount paid by the Customer, the form of payment chosen by the customer, the exclusion of the right of Refusal of the Contract and applicable taxes if any (ii) one copy in electronic format of this Terms of use and (iii) the invoice for the Services, registered to the Customer or to a different name indicated by the Customer, filled with the data specified by the Customer during the Activation (within thirty days from the agreement of the contract) as well as other receipt document of payment allowed from the regulations in force on fiscal issue . Such rule does not apply if the Customer buys SMS credit for the performance of Easy SMS service from an other Customer, according to what provided by the subsequent Article 6.9 or from a Merchant.

2.8 Whenever the Customer buys credit for Easy SMS service from another Customer or from a Merchant, the use of the Service requires: i) the obtainment/download and installation of the software on Mobile Devices or on the Computer, ii) the Sign up of the Customer; iii) The completion the procedure of Activation by the Customer; iv) The payment to MS from the Merchant or by from the grantor Customer of the relative Amount Due to the credit paid from the grantor Customer, quantified Amount due according to the prices specified in the Commercial Offer published on the Internet Website; v) the communication to MS of the granting of the credit to the use of Easy SMS service from the Merchant or from the Grantor Customer.

2.9 The Services are available for use starting from the execution of each Single Contract of Supply, until the Package of Messages paid by the Customer lasts. If the Customer buys credit for the use of Easy SMS service from a Merchant or from another Customer, the service will be available, as soon as, as result from a communication to MS performed by the Merchant or by the grantor Customer, the credit, for the use of the Easy SMS service, will be deducted from the account of the Merchant or from the grantor Customer and transferred on to the receiving Customer account.

2.10 At any moment the Customer will be able to know the amount of the credit balance accessing with own username and password to the restricted Customer area on the Internet Website or also directly through the application installed on the Mobile Device. The amount of the credit owed to the Customer decrease as this latter send SMS using the Easy SMS service. During the delivery of every Message, the Customer can choose if to make visible to the recipient of the Message its own User Number, and this involves different costs for the Service.

2.11 The Customer is advised that the possibility to make his phone Number visible to the recipients of the Messages is made possible exclusively from the mobile network operators and therefore is away from MS control. The Customer therefore accepts that the offer of such service from MS is subordinated to the underlying offer from the mobile network operators: the Customer accepts therefore that such service can be eliminated or modified from MS in case it is eliminated or modified by the mobile network operators .

2.12 The authorization to send paid Messages is assigned only to the Account specified at the time of Sign up, except as provided in the subsequent art. the 6 bis, and to the User Numbers communicated to MS and there specified. The Customer has the chance to change the User Number of specified in own Account and identifying the same Customer; for every change of number the user will have to confirm the Number of inserted Customer or however to allow to MS to verify it automatically.

2.13 The Package of Messages prepaid by the Customer through the Order does not have expiration and cannot be refunded to the Customer, except in the cases mentioned in Article 5 that follows.

ARTICLE 3 - AMOUNT DUE - COSTS OF THE SERVICES

3.1 The payment of the Amount Due is requested for the execution of the Single Contract of Supply and consequently for the Access to the Services. To every Customer will be requested to pay an "una tantum" cost when completing the procedure of Activation, as a Cost of Activation of the account the first time, as indicated in the Commercial offer

3.2 The Customer will be able to perform the payments due only through the indicated method of payment on the Internet Website.

3.3 The Amount Due for the purchase of the Packages of Messages is indicated in the Commercial offer, with specification of the unit cost of each message.

3.4 MS will be able to modify the indicated Costs of the Service in the Commercial offer, prior communication via email to the Customer. The date of effectiveness of the modification will have to be at least 7 days after the date of MS communication. Any Order performed before this date will be dealt with the terms and rules previously in force.

3.5 The Customers who use the Services through Mobile Device will sustain the Costs Connection required by their own mobile network operators integrally. Such costs are different according to the mobile network operator own rate plan and where the Customers are, in their own country or when they roam abroad. The Customers are recommended to find out about the Costs of Connection of their own mobile network operators. MS does not know such costs and deny any responsibility in the event that the mobile operators modify such costs. The Customers who use the Services without a Mobile Device will integrally sustain the related costs of the access to Internet and the technical instruments necessary to use the Service.

3.6 The cost of the Confirmation Message for the verification of the Customer Number and the Customer Numbers who is sent to the Customer is indicated in the Commercial offer

3.7. This article is not applied to the performance of the "Free SMS" service.

ARTICLE 4 - LIMITATION OF RESPONSABILITY OF MS

4.1 The Customer acknowledges and accepts the fact that the Services distributed from MS depend upon the operation of services managed by other operating agencies as for example the supplier of electric power, supply of telephones services and operation of electronic equipment.

4.2 Furthermore the Customer acknowledges and accepts the fact that, according to what described in the Article 4,1 before, occasionally may occur inefficiency when forwarding the Messages due to the malfunctioning of services not managed by MS but required for the use of the Services, which, e.g. interruptions or suspensions of supplies of the electric power, interruptions, suspensions or malfunctioning of the telephone services, of GSM networks or of the Internet services, missing availability or blockage of the service or of PBX of mobile network operators or of the used of a gateways. As far as possible, MS will try to limit the effect of such inefficiency on the Services and, if possible, to warn own Customers if those problems arise

4.3 The Customer acknowledges and accepts, according to what provided by Articles 4,1 and 4,2 mentioned before, that the Services cannot be used in the cases in which the Customer needs to have the certainty of the delivery of the Messages to the recipients or rather in the cases in which a delay in the delivery of the Messages may cause any type of damage and the Customer commits therefore not to use the Services in such circumstances.

4.4 MS does not guarantee the provisioning of the Services in cases due to circumstances beyond its control or for fortuitous case, as properly for example, political-social unrest or natural events

4.5 The Customer acknowledges and accepts the fact that occasionally MS performs electronic operations of maintenance on own servers and equipments. In case MS was forced to interrupt the service to carry out such operations, it will use any efforts to contain the period of interruption and/or malfunctioning of the Services. The Customer also aware and accepts the fact that Software and applications provided from MS are subject to the ordinary defective state of every Software and its application, with exoneration of responsibility of MS for any direct or indirect damage or loss of data resulting from such cause.

4.6 The missing, delayed or defective distribution of the Services or for the loss or corruption of data resulting from on of the circumstances mentioned in the points 4,2, 4,3, 4,4 and 4,5 before, do not force MS to refund or to recognize to the Customer or to any third party any compensation for the eventual suffered damages.

4.7 The possibility to access to the Services is subordinated to the availability of the customer of a Mobile Device compatible with the software offered by MS and more exactly of the necessary technology for the use of the Services or rather the execution of the operations required from the performance (for example, but not exclusively, data communication to MS), as specified in the Commercial offer MS will not be held responsible for refunding or compensating of the damage, for any reason, in the hypothesis in which the Customer does not have such equipment or rather the impossibility to make use of means however necessary for the performance of the Service and the execution of the operations required from the performance and this cause the impossibility to use, or however to use without malfunctioning, of the Services.

4.8 In case of the purchase of credit for "Easy SMS" service from an other Customer or from a Merchant, MS will not be responsible for the damages deriving from the missing or delaying availability of the service because of the missing or delaying communication of the credit transfer to the same MS by the grantor Customer or by the Merchant.

4.9 Every guarantee and every responsibility of MS are expressly excluded, except what provide by the law in force

ARTICLE 5 - termination

5.1 MS has the right to terminate the Contract at anytime, without obligation to indicate the reasons and/or to pay any penalty. In case MS exercises own right of termination, it will inform the Customer via e-mail to own email Address at least 10 days before from the date of termination.

5.2 The Customer has right terminate from the Contract anytime without obligation to indicate the reasons and/or to pay some penalty. In case the Customer exercises own right of termination, it will communicate to MS via e-mail to the address support@skebby.com and the termination will come in to force from the moment of the reception of the communication by MS.

5.3 In the event of termination of MS or of the Customer from the Contract (except in what described from subsequent point 5.6), MS will refund to the Customer an amount equal to the amount of credit balance at the date of effectiveness of the termination, except when the expenses incurred by MS for the execution of the Single Contract of Supply to which refer the amount of credit balance due, have been greater than the amount part the amount to be refunded within the limits of the entire amount of credit balance. The refunds will be performed through the same payment method used by the Customer for the last payment. MS will not be responsible in the event in which such a payment method is not more valid or operating.

5.4 MS has the right to terminate this Contract within 180 days from the Activation, or after the same period, if the Customer does not make use of the "Easy SMS" service. In case MS exercises such right, it will inform via e-mail to the Address of E-mail of the Customer. The termination will be effective from the date of reception of the communication by the Customer; MS will debit to the Customer the sum specified in the Commercial offer as compensation for any account activation and closing expenses. Such sum will be deducted from any eventual sum that MS will have to refund to the Customer if the Customer requests, with communication sent to MS to the e-mail address support@skebby.com within 30 days from the reception of the communication of termination from MS, the refund of the amount of the credit balance correspondent to the amount paid but still not used by the Customer at the date of the termination.

5.5 The Customer has the right of terminate any Single Contracts of Supply anytime without obligation to indicate the reasons and/or to pay any penalty. MS will refund to the Customer an amount equal to the amount of credit balance left in the account at the date of termination except the case in which expenses incurred by MS for the execution of the Single Contract of Supply which the amount of the credit balance due refers, is equal or higher of the amount left in the balance and not refunded and within the limits of the entire amount of such a credit balance.

5.6 The regulations mentioned in the previous clauses n. 5.2 and 5,5. do not apply where the Customer do not qualified as "Consumer" according to of the regulations in force.

5.7 The Customer who is not "Consumer" in the sense described above will be able to terminate the Contract with registered letter A/R to MS, via Pietro Mascagni n. 14, 20122 Milan. The termination will have effect from the date of reception of the registered letter by MS. MS will not recognize any refund for the eventual amount of credit not used at the date of effectiveness of the termination.

ARTICLE 6 - OBLIGATION, PROHIBITION AND RESPONSIBILITY OF THE CUSTOMER

6.1 The Customer undertakes to protect under maximum level of privacy and not to transfer or communicate to third party its own username and password and the Customer is the sole responsible for the safety of them. The Customer will be therefore responsibile of the damages caused by the knowledge or the use of its username and password by any third party.

6.2 The Customer declares that the data of its own Profile as indicated at the time of Sign up and Activation are true and undertakes to maintain constantly updated such data, included own E-mail Address and the number of mobile phone.

6.3 MS does not have access the content of the Messages sent from the Customers neither withholds copy of the content of the Messages sent from the Customers and it is not authorized to supply copy of it. Under request for the Judicial authority he will be able to provide the relative data of the telephone traffic, of which to Article 132 of D. Lgs. 196/2003, that, however, do not include the content of the same Messages. The Customer is the only responsible of any information transmitted by means of the Services and the content of the Messages. According to Article 14 of the D.Lgs. 70/2003, MS is not in charge of any information transmitted by the Customers neither of any automatic, intermediate and temporary memorization of such information, that it is performed only to render the subsequent forwarding more effective to the recipients. The regulations mentioned in letters from a) to e) of codicil 1, Article 15 of the D.Lgs. 70/2003 are respected. MS does not perform activity of hosting.

6.4 If the Customer expressly requests and authorizes MS for this purpose to be able to make use of specific services of recording and searching of the sent messages, the same MS will store the content of Messages SMS, and the Customer will be able to access by entering in its Customer Area.

6.5 The Customer undertakes not to use the services or to break the Law and/or to transmit any type of material that is against the Laws, the public order, the good custom, or rather threatening Messages, insulting or offensive content, that put themselves in violation of the rights of third party, that are blasphemic, that they incite to break the Laws or that they are actions to cause damages to third party.

6.6 The Customer obligates him/herself not to use the Services for the transmission or diffusion of pieces of material or material covered from copyright, except expressed written consent by the holder of the right.

6.7 The Customer undertakes not to use the Services to send Messages to telephones numbers with specific rates or premium and for the delivery of not requested advertising, spamming, phishing, SMS bombing or equivalent actions and/or to send Messages to telephone numbers of users who do not have any relationship with the Customer. The Client undertakes to use the services in compliance with the terms as described in the Commercial Offer.

6.8 The Customer obligates him/herself not to use the Services to:
- violate the security or to bring otherwise damage to the archives, their Mobile Devices, devices for the transmission of data and computer;
- violate the confidentiality and privacy of other Customers or any third party, reading or intercepting communications addressed to them;
- to compromise the operation of the telephone lines and the devices that are connected to them, through the use of applications bound to this actions(virus, Trojan horses, etc);

6.9 The behaviors specified to the previous points can constitute crimes and so they may be punished according to law in force.

6.10 The Customer declares that the own data provided at the time of Sign up and Activation are true and refer to the same Customer. MS does not verify the authenticity and the correctness of the data provided by the Customer: no contractual or extra-contractual responsibility will apply to MS as a result of the uncorrectness of the same data. The Customer declares expressly that the Customer Number communicated belong to it and free MS from any responsibility and risk integrally, according to the article 6.13 that follows, in the event that such declaration is not true. In case the Customer, at the time of sign up or during Activation, communicates data that do not allow the emission of a receipt or an invoice, if the invoicing is taxed from the enforced fiscal laws, as as an example evidently fake or invented, MS will have the right to suspend the Service until when the Customer does not send to MS the corrected data to enable for invoicing.

6.11 The Customer undertakes not to access the Services through applications or different methods from those managed directly from MS and from the one officially approved for use.

6.12 The Customer accepts that, in case of controversy risen with reference to material transmitted through the use of the Services, MS will have the faculty to suspend the Services until when such controversy will be resolved, remaining explicitly excluded the MS obligation to perform any refund or compensation to the Customer for the missing use of Services from the Customer during the period of suspension.

6.13 The Customer will quickly inform MS within 10 days from the acquaintance of the fact of any malfunctioning of the Service as well as of every pretension, dispute or procedure started from third party relatively to the Services mentioned in this Contract whose the Customer happens to know. The Customer will be in charge of the consequent damages for the delay of such communication.

6.14 MS will not be responsible for the case in which the violation by the Customer of the clauses mentioned in this Article cause damages to the Customer or to third party. The Customer commits to refund and to keep MS safe against every responsibility, damages or loss and, therefore, to pay to MS an equal amount to any payment, loss, passivity, obligation, pretension, lacks and expense, also legal, deriving in all or partially and however connected to the violation from the Customer of one of the regulations mentioned in this Article 6, to continuation, e.g, of denunciations, legal action, governmental or administrative acts.

ARTICLE 7 - GRANT OF CREDIT ORIGINATED FROM SINGLE CONTRACTS OF SUPPLY

7.1 MS provides own consent for the granting of a whole or partial of the credit for the use of the "Easy SMS" service paid under a previous Contract of Supply executed according to this Terms of use, subject to Sign up and Activation procedure from the credit grantee mentioned in the previous article 2. The consent to the credit granting is lend exclusively in favor of Customers older than 18 years.

7.2 As a result of the completion from the grantee of the procedure of Activation, to the grantor could be recognized a reduction in price on the Amount due of the credit for the use "Easy SMS" service subsequently purchased as eventually communicated in the Commercial offer on the Internet Website. Such reduction in price will be recognized a single time, in occasion of the first granting, with consequent Activation of a new paying customer.

ARTICLE 8 - STATEMENT FORMER 52 ART. LEGISLATIVE DECREE 6 SEPTEMBER 2005, NUMBER 206 AND FORMER 7 ART. LEGISLATIVE DECREE 9 2003, NUMBER 70

8.1 It is stated that, in case the Customer uses the Services for purpose different from the business or professional activity eventually performed, are applied the regulations mentioned in the D.Lgs. the 206/2005 and therefore regulations mentioned in the Article.

8.2 Provider of the Services is Mobile Solution S.r.l., with legal office in via Pietro Mascagni n. 14 20122 Milan, tax identification number/left Vat: 03020690131, number of registration to the Registry of the Enterprises of Milan: 03020690131, REA number: ME 1877553, email: support@skebby.com.

8.3 The costs of Activation and the Services are showed on the Internet Website.

8.4 These Terms of use, could anytime be reviewed, stored and electronically printed through the access of the Customer to his/her own Account.

8.5 In any case, It is stated that code 3 of Article 65 of the D.Lgs. 206/2005 provides that, in the event in which the lender of the service has complied with the information obligation mentioned in the article 52, codicil 2, letter f) and 53 of same the Decree, the consumer has right of termination of the contract within 90 days from the agreement to the contract.

ARTICLE 9 - COMMUNICATIONS - CLAIMS - REQUESTS OF TECHNICAL SUPPORT

9.1 9.1 Every communication according to this contract, and any claim with respect to the Services will have to be sent to MS through an email to the address: support@skebby.com. Every request of technical support will have to be forwarded, exclusively by email to the e-mail address: support@skebby.com.

ARTICLE 10 - PROPERTY OF THE SOFTWARE - AUTHORIZATION TO THE USE

10.1 The Software is exclusive property of MS, that authorizes the Customer to download it and to use it, free of charge for the use of the Free SMS and, after the payment of the amount due mentioned in the previous art. 2, of the Easy SMS service. Such authorization will be cancelled after the resolution or the termination for any reason of this contract. Therefore it is made expressed prohibition to the Customer, who takes charge of this obligation in such sense, to copy or to transfer the Software or, however, to allow the use from third party free of charge or paid title. It's expressly prohibited the reproduction, also partial as well as any use of the Software different from the one allowed from this Contract.

10.2 If the possibility mentioned in the art. 6,1 come true, the prohibition to allow to third party the use of the Software is waved to the single aims of the transfer of contracts, and on condition that the third party whose such use is allowed, regularly performs the procedure of Sign up and Activation with MS.

ARTICLE 11 - EXPRESSED RESOLUTION CLAUSE

11.1 This Contract will be legally terminated as provided by art. 1456 of Civil Code in the case of violation from the Customer and as provided by the previous Article nr. 6.