PENGUINPASS TERMS AND CONDITIONS
This document sets out the Terms and Conditions under which users are offered the use of the websitewww.penguinpass.it(and any related subdomains), which provides personalized and digitized event management services.
For clarity of interpretation, the following meanings are specified for the key definitions in this document:
Apps: distributed mobile applications referred to as "Penguinpass Guest Events" and "Penguinpass Check-In"
Event: a free or paid event, exempt from Siae, created on the Penguinpass platform with fixed dates and times that cannot be modified after Event Activation, unless expressly authorized by the Owner;
Platform: refers to the website designed for event creation and management;
Product: the combination of Platform, Apps, and services provided to the User by the Owner;
Owner/Penguinpass: Penguinpass S.r.l. with registered office at via Pietro Paleocapa 7, cap. 20121, VAT number 08866100962, PEC address email@example.com;
Consumer User: a user of the "Penguinpass Guest Events" app.
Guest User: the name and associated data of the guest entered on the list by the Organizing User.
Organizing User: a user of the Platform and the "Penguinpass Check-In" app;
User: an adult individual or generic legal entity using the Product, regardless of whether they are a Consumer User or an Organizing User;
Activation: irreversible activation of the system for sending marketing email campaigns related to a single Event entity.
Pay per event: an Event created on the Platform by the Organizing User with a 24-hour check-in validity period from the event date and the use of a single Activation.
Annual Events: unlimited Events created on the Platform by the Organizing User within a 12-month period.
Communications: any messages sent by the Organizing User to the Guest User via email, SMS, WhatsApp through the Platform.
By accessing the Penguinpass platform or using the services offered by Penguinpass, you agree to be bound by the terms specified in this document. The services offered by Penguinpass are not available to individuals who are legally unable to adhere to these Terms and Conditions.
3.1 Users may make use of the following Services offered by Penguinpass, subject to compliance with the obligations stated in Clause 5 of these Terms and Conditions:
Pay per Event (Basic, Plus, Professional)
AnnualEvents (Basic, Plus, Professional)
Custom Guest APP
3.2 For further information regarding the different features of the services listed above, please refer to the website address www.penguinpass.it.
3.3 Penguinpass reserves the right to modify the Services from time to time and add, remove, or modify features and/or functionalities. In the event that the variation made to the Services results in changes to their prices, Penguinpass will communicate such changes to Users, who will have a period of thirty (30) days to terminate the service, at no additional cost, by sending an email to the following email address: firstname.lastname@example.org. Failure to make such communication implies acceptance of the aforementioned changes.
5.1 Registering on the Website signifies the User's consent to these Terms and Conditions and their commitment to comply with them.
5.2 Users are also obligated to pay the price for the selected Services through the payment methods allowed on the Website or through mutually agreed-upon payment methods, and to comply with the obligations listed below.
5.3 The User shall:
Provide truthful and complete information about themselves as required by the registration form accessible online on the Website;
Diligently safeguard the password used to access their account, for which the User is solely responsible for its security and confidentiality. If the User suspects unauthorized access to their account by third parties, they are kindly requested to immediately contact Penguinpass at the email address email@example.com and change their password as soon as possible. Penguinpass assumes no responsibility for any damage resulting from the User's negligent safeguarding of the password and account;
Not transmit or induce others to transmit, upload, or otherwise make available through the Website content that is (i) unlawful, defamatory, or infringes on the privacy or other rights of third parties; (ii) false, inaccurate, or misleading, or otherwise infringing on the rights of consumers; or (iii) a violation of patents, trademarks, trade secrets, copyright, or other intellectual property rights of third parties;
Use the Services in compliance with applicable laws;
Not transmit, upload, or otherwise make available viruses, advertising messages, unsolicited or unauthorized promotional materials, including any form of spam;
Have obtained consent from each and every contact entered on the platform for the sending of communications by the User through Penguinpass, as well as all consents and authorizations required by the law applicable in the relevant countries;
Not make modifications or alter the Services in any way and not harm their integrity;
Not use the services for purposes other than those for which they were intended;
Unless expressly permitted, not rent, lend, resell, sublicense, or otherwise distribute the Services; not use the Services to provide or operate marketing, training, and outsourcing services or consulting, or to develop a product that competes with the Services; not allow third parties access to or use of the Services without the written authorization of Penguinpass.
5.4 The Organizing User is and will be fully responsible for the processing of personal data of Consumer Users and Guest Users invited to the Events, as well as for any information, materials, advertisements, images, or other content transmitted through the Services before, during, and after the Events.
5.5 Penguinpass may restrict, suspend, or close the account of any User who abuses or misuses the Services. The closure of an account on Penguinpass will result in the loss of access to the Services.
6.1 Penguinpass can, upon request, and for a price determined at its sole discretion from time to time, provide additional services to the User, beyond the functionality of the Site, including, but not limited to, the rental of Tablets or other terminals for check-in and other equipment, the provision of consultants and staff to assist the User on the date of their event, and the provision of dedicated account management services, product customization, and/or specific integrations.
6.2 All additional services, whether provided before, during, or after the User's event, shall be considered part of the Services and subject to all the terms and conditions of these Terms and Conditions, unless expressly derogated by specific contracts relating to such additional services that may be entered into from time to time.
VIRTUAL EVENT SERVICES
6.3 VIRTUAL EVENT SERVICES. System requirements. The use of the services may require one or more compatible devices, internet access, and certain software, and periodic updates to the various system requirements may be necessary. Since hardware, software, and internet access are necessary to access the services, the ability to access the services may vary depending on the quality of these factors.
The following definitions apply for the purposes of this document:
End User - Can be a Moderator, Presenter, or Spectator who uses the services offered by Penguinpass virtual events.
Services - Services refer to virtual rooms, webinars, screen sharing, chat, and other collaboration tools offered by Penguinpass virtual events.
Spectator - An end user who can see and hear presenters but cannot independently activate their own camera and microphone. However, the moderator, for specific package offers, may have the ability to allow an attendee to activate their camera and microphone.
Moderator - A user who manages and controls access and permissions of other participants within the room. They can activate and deactivate both their own camera and microphone, as well as the camera and microphone of other users. They can also remove participants from the room and allow them to enter the room.
Presenter - A user who can activate and deactivate only their own camera and microphone.
Service Start Date - Refers to the date on which the customer makes the payment and receives access to the services offered by Penguinpass.
Custom Landing Page - A web page with its own URL that is created by the customer directly from the Penguinpass platform. Each event created on Penguinpass can have a maximum of 1 custom landing page. This page can contain multimedia content, text, links to other pages, Penguinpass services (webinars, virtual rooms, etc.), and more.
Virtual Room - A service that allows up to 10 users to access as presenters or moderators by activating their own audio and video.
Webinar - A service that allows up to 5 users to access as presenters or moderators, and up to 250 users to access as spectators for a maximum duration of 3 hours per session.
Virtual Showroom - A service that allows up to 5 users to converse as presenters within the custom landing page. Additionally, within the same landing page, up to 5 streaming links can be inserted from cameras compatible with the Penguinpass system.
Virtual Press Office - A service that allows up to 5 users to access as presenters or moderators, and up to 150 users to access as spectators for a maximum duration of 5 hours per session.
Broadcasting - A service that allows the insertion of an audio and video streaming from a maximum of 5 sources (Presenters) within the custom landing page, which can be viewed by a maximum of 1500 users in spectator mode.
6.3.2 SERVICES. Penguinpass provides its customers with services, as specified in paragraph 6.4.1 of this document, and updates to the services that will be released periodically by Penguinpass. Penguinpass reserves the right to modify or discontinue the services offered at its discretion, sometimes without notice.
6.3.3 USE OF SERVICES AND USER RESPONSIBILITY. The customer may only use the services offered by Penguinpass in accordance with the provisions of this agreement. The customer is solely responsible for their own and their users/guests' use of the services offered by Penguinpass and must ensure that their own and their guests/users' use of the services complies with applicable laws, particularly those related to video recordings, intellectual property, and privacy. The use of the services is null and void when prohibited by law.
Content. The customer is fully responsible for the content of their landing pages and the content transmitted or shared by themselves or their guests during the use of the services offered by Penguinpass. By entering into this agreement, the customer undertakes to ensure that all such content is appropriate and complies with applicable laws, and in the case of sharing content related to third parties, the customer shall first obtain the consent of the relevant third party. The customer warrants that they have the rights to the materials they will use or share using the services offered by Penguinpass. Penguinpass will in no event be liable for (a) Content transmitted or displayed during the use of the services, (b) Errors or omissions in the content, (c) Losses or damages of any kind incurred while accessing, using, or being denied access to content. Although Penguinpass is not responsible for any content, Penguinpass may delete any content at any time and without notice to the customer if the content violates any provisions of this agreement or any laws. The customer retains copyright and any other rights to the content they transmit or publish through the use of the services.
Recordings. The customer is responsible for complying with all laws regarding (video) recording. The customer has the option to record meetings and calls taking place using the Virtual Room, Webinar, and other Penguinpass services. By using the services, the customer and users consent to the storage of any recordings within the Penguinpass system. Users receive a notification when the recording function is enabled. If a user does not consent to the recording, they may choose to leave the call or webinar.
Prohibited Use. The customer agrees not to use, and will not allow its users to use the services to: (i) modify, disassemble, decode, prepare derivative works, reverse engineer, or engage in any practice that attempts to access and recreate the original code of the offered services; (ii) engage in uses that knowingly or negligently abuse, interfere with, or disrupt the operation of Penguinpass's network, the customer's account, or the services; (iii) engage in unlawful, fraudulent, false, or deceptive activities; (iv) transmit material that violates the intellectual property rights of third parties; (v) create products or services that compete with those offered by Penguinpass or copy functions or graphic elements of the service; (vi) use the services to communicate any message that may be offensive, obscene, threatening, discriminatory, that violates the intellectual property rights of a third party, incites any act of violence, or is otherwise illegal; (vii) upload or transmit any software, content, or code with the intention of causing harm, disabling, destroying, or negatively impacting the performance of the services, or damaging or extracting information from Penguinpass's hardware, software, or networks or those of other service users; (viii) use the services in violation of any Penguinpass regulations or policies, or in violation of applicable laws, including but not limited to anti-spam laws, privacy laws, and laws governing privacy rights. The customer agrees to these terms and is solely responsible for their own compliance with laws and regulations.
Usage Restrictions. The customer may not reproduce, resell, or distribute the Services, statistics, and data generated by the services for any purpose without specific consent from Penguinpass through a written agreement. The customer may not offer or enable the use of the services purchased by themselves to others or use the services to develop and sell services substantially similar to those offered by Penguinpass.
6.3.4 END USER RESPONSIBILITY. The customer is responsible for the activities of all users who access or use the services through their account and acknowledges that it is their responsibility to ensure that all users use the services offered by Penguinpass in accordance with the terms of this agreement. If the customer becomes aware of improper use of the services by any of the users, they are requested to contact Penguinpass at firstname.lastname@example.org. Penguinpass will investigate alleged violations and complaints, reserving the right to take appropriate measures for each case, such as content removal, warnings, or termination of the customer's account. Under no circumstances will Penguinpass be liable for data or content displayed or transmitted by customers or users through the services, including, but not limited to, any loss or damage caused through the use of the services.
6.3.5 PENGUINPASS'S OBLIGATIONS REGARDING CONTENT. Penguinpass will maintain an adequate level of physical and technical security to prevent unauthorized access to or disclosure of content, in accordance with industry standards. Penguinpass will notify the customer in the event of unauthorized access to the content. Penguinpass will not access, view, or process the content of its customers except (a) as specified in this agreement and privacy policies; (b) if authorized by the customer; (c) if required to fulfill its obligations under this agreement; or (d) if required by law. Penguinpass has no other obligations regarding content.
6.3.6 ELIGIBILITY. The customer declares to be at least 18 years old and alternatively fully capable of understanding and accepting the terms, conditions, statements, representations, and warranties set forth in this agreement. Penguinpass shall have the right to terminate access to its services if it has a valid reason to believe that the customer is not 18 years old or is otherwise ineligible.
6.3.7 NO HIGH-RISK USES. The services are not designed or intended for use in high-risk environments that require high-security measures, including but not limited to aircraft navigation systems, air traffic control, life support systems, or weapons systems. The services must not be used in any high-risk environment.
6.3.8 INJUNCTIVE RELIEF. The customer acknowledges that any use of the services that violates the provisions of this agreement or any transfer, copying, or disclosure of technical information or materials related to the services could cause irreparable harm to Penguinpass, its affiliates, suppliers, and any other individual or company authorized by Penguinpass to resell, distribute, or promote the services ("Resellers"). In such circumstances, Penguinpass, its affiliates, suppliers, and resellers are entitled to adequate remedies, including but not limited to preliminary or permanent injunctions.
6.3.9 NO WARRANTIES. The customer understands and agrees that the services are provided "as is," and Penguinpass, its affiliates, suppliers, and resellers disclaim any and all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Penguinpass, its affiliates, suppliers, and resellers do not warrant the results that may be obtained from the use of the services, the accuracy or reliability of information obtained through the services, or that the services will meet the needs of any user. The use of the services is solely at the risk of the customers and users. Any material, content, or data obtained or downloaded through the services is at the user's own risk and discretion. The customer shall be solely responsible for the risks arising from the use of the services. Penguinpass assumes no responsibility for the storage of user information or communication between users. Penguinpass cannot guarantee or promise any specific results resulting from the use of the services. The use is at the customer's own risk.
6.3.10 PRIVACY AND OTHER POLICIES. The use of the services is also governed by Penguinpass's privacy policies, the link to which is available in the footer of the Penguinpass website (www.penguinpass.it). Furthermore, the customer is aware of and agrees to be contacted by Penguinpass, via email or other communication tools, regardless of the customer's subscription to Penguinpass newsletters.
7.1 The Services may provide, or third parties may provide, links to other websites or Internet resources. As Penguinpass has no control over such websites and resources, the User acknowledges and agrees that Penguinpass is not responsible for the availability of such websites and resources, and it does not assume responsibility or liability for any content, advertisements, products, services, or other materials that may be on or available through such websites or resources.
7.2 The User acknowledges and agrees that Penguinpass is not responsible or liable for any damage or loss caused, or alleged to be caused, directly or indirectly, by or in connection with the use of or reliance on any such content, advertisements, products, services, or other materials available on or through such website or resource.
DURATION AND TERMINATION
These Terms and Conditions come into effect upon payment of the price for the use of the Services and shall remain valid for the entire period of enjoyment of the Services in relation to the chosen pricing plan. The contract between Penguinpass and the User, exclusively for the Annual Events formula, unless otherwise agreed, will be renewed for an equal period on the same terms and conditions, unless terminated by either party through written communication to the other party at least one month before the expiration. Each party shall have the right to terminate the contract at any time with a thirty (30) day written notice to the other party.
Users of Penguinpass Services have the right to withdraw from the contract without any penalty and without stating a reason within fourteen (14) days of completing the registration procedure on the Website by sending an explicit declaration to the email address email@example.com. Penguinpass will refund payments received from Users without undue delay and in any event no later than fourteen (14) days from the day Penguinpass is informed of the User's decision to withdraw from the contract. If the User has requested the commencement of Services during the aforementioned withdrawal period, the User shall be obligated to pay a proportionate amount for the Services provided up to the time of the User's communication of the intention to withdraw from the contract.
10.1 The Website, the Services, and the related Software are owned and operated by Penguinpass. All rights and intellectual property titles related to the Website, the Services, and the related Software belong to Penguinpass and/or its licensors.
10.2 These Terms and Conditions grant Users a non-exclusive and non-transferable right to use the Software solely for the purpose of using the Services. The User shall have no right to modify, adapt, or translate the Software or create derivative works from the Software, except as necessary to configure the Software using menus, options, and tools provided for such purposes and contained within the Services themselves. Except as permitted by applicable law, any activity of reverse engineering and any extraction of the source code of the Software is prohibited. If the User wishes to exercise reverse engineering rights for the purpose of ensuring interoperability in accordance with applicable law, the User must inform Penguinpass in writing and allow Penguinpass, at its discretion, to make an offer to provide the necessary information and assistance for a mutually agreed consideration.
10.3 The name "Penguinpass," the domain name penguinpass.co.it, .us, .de, .es, .co.uk, trademarks, logos, and other distinctive signs used in connection with the Services are owned by Penguinpass or its licensors or successors. Penguinpass allows the User to use such trademarks, logos, and other distinctive signs that include the word "Penguinpass" exclusively to refer to the User's use of Penguinpass Services in accordance with these Terms and Conditions. Any use of the name "Penguinpass," its related trademarks, logos, and other distinctive signs, different from and beyond what is provided in this clause, must be expressly authorized in writing by Penguinpass.
10.4 Users are the sole owners of any data, materials, and information provided to Penguinpass in relation to the use of the Services. Users are responsible for any content provided to Penguinpass and any activities related to their account. Penguinpass processes such content on behalf of the User.
10.5 Penguinpass will only process the personal data provided by Users for the purpose of providing the anticipated Services. Penguinpass will not use the personal data provided by Users for any other purpose. Users' personal data will be used by Penguinpass in accordance with their instructions (including any applicable terms in contracts and use of service features) and as required by applicable laws. Users' Personal Data includes data communicated by them through the use of forms on the website.
The User acknowledges and understands the type of data that Penguinpass can collect and store in compliance with the current legislation on the processing of personal data through online platforms, specifically Penguinpass. The User releases the Data Controller from any improper use of customizable registration forms that the User can independently create on the same Platform.
The purpose of data processing is to provide Users with the Services, as described in the previous paragraphs, and to facilitate their navigation on the Website.
The personal data provided to us is used to:
Process the data for the purpose of providing the Services
Enable us to provide Users with the Services and information offered through the Website and requested by them
Analyze the usage of the Website and the individuals visiting the Website to improve our content and services, including demographic research on our Users
Facilitate navigation on the Website
Send useful information or information requested by Users following organized Events
Each of these data can be permanently deleted from our servers located in European territory at any time.
LIMITATION OF LIABILITY
11.1 Penguinpass does not guarantee uninterrupted or error-free operation of the Website or the Services.
11.2 The User expressly acknowledges that Penguinpass is not responsible for the actions, content, and data of Users or third parties, and the User agrees to indemnify Penguinpass, its affiliates, its administrators, employees, and agents from any claims, demands, damages, or liability arising from content, actions, information, or data of third parties.
11.3 The Controller shall in no way be held responsible for the consequences arising from the Users' breach of the obligations set forth in the preceding Section 5, including the Users' violation of applicable regulations regarding the processing of personal data of participants, subscribers, and event invitees (including obligations related to information and consent for the processing of such data), for which the Users are the Data Controllers. The User agrees to indemnify the Controller from any and all liability resulting from the User's own violation of these Terms and Conditions, including any violation of applicable regulations regarding the processing of personal data of participants, subscribers, and event invitees.
11.4 Penguinpass does not create or organize the Events. Therefore, any form of direct or indirect liability arising from the organization or participation in the Events shall be exclusively borne by the organizers or participants of the Events.
11.5 Nothing in these Terms and Conditions implies that Penguinpass is obligated or can be considered obligated to conduct proactive monitoring of the information it stores and transmits, or actively seek out facts or circumstances indicating the presence of legally or contractually illicit activities. However, the rights and powers recognized to Penguinpass under applicable national and European legislation remain unaffected.
11.6 The User acknowledges that Penguinpass does not control the Content provided or made available by the User Organizer or third parties in connection with the Services, but Penguinpass and its representatives shall have the right (but not the obligation), at their sole discretion, to (i) monitor, alter, modify, or remove any User Content, in whole or in part, and/or (ii) cancel and terminate the User's right to use the Services at any time (with or without notice) for any or no reason.
11.7 The User acknowledges and agrees that Penguinpass may store User Content and may also disclose it for any reason, including but not limited to situations where it is required by law or in good faith belief that such storage or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any User Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Penguinpass, its users, and/or the public.
11.8 The User acknowledges and agrees that Penguinpass and all components of the platform have not been created for use in medical and/or safety contexts, including but not limited to the COVID-2019 pandemic. The use in such contexts is entirely at the customer's risk, and the customer indemnifies Penguinpass S.r.l. from any liability in case of data damage, misuse of the platform, and/or data loss.
12.1 Applicable law and jurisdiction. These Terms and Conditions are governed by Italian law and must be interpreted in accordance with Italian laws, excluding any provisions of private international law that may be applicable. Any dispute arising from the interpretation, validity, or execution of these Terms and Conditions or related to or arising from them, between Penguinpass and the Users, shall be subject to the exclusive and non-negotiable jurisdiction of the Court of Milan.
12.2 Extrajudicial dispute resolution. Users have the option to pursue extrajudicial dispute resolution regarding the consumer relationship, as provided for by the applicable laws from time to time.
12.3 Amendments and modifications. These Terms and Conditions constitute the entire agreement between the parties and supersede any prior or contemporaneous conditions, agreements, or statements, whether oral or written, concerning the subject matter herein. Penguinpass expressly reserves the right to modify or supplement these Terms and Conditions, and any such modifications or additions will be published on the Website. Users will be bound by such modifications or additions upon their publication on the Website, except for the right to terminate the contract with Penguinpass by providing a thirty (30) days' notice via email to the following address: firstname.lastname@example.org. In the absence of such communication, the modifications to these Terms and Conditions will be deemed accepted.
12.4 These Terms and Conditions, as well as any rights and obligations provided therein or arising therefrom, may not be assigned by Users without the prior written consent of Penguinpass.
12.5 If any provision of these Terms and Conditions is declared unlawful, void, or ineffective, such provision shall be modified to make it effective or otherwise eliminated, without affecting the validity and effectiveness of the remaining provisions.
12.6 For any information and assistance regarding the Services or the use of the Website, Users are invited to contact Penguinpass at the following email address:email@example.com.