The following are the terms of the agreement between Ontonix S.r.l. ("Company") and the buyer ("Buyer") of goods or services through the Company's Web site (www.ontonix.com). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1. Introduction.
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2. Nature of Service.
Company agrees to perform the following:

Process Buyer's data using OntoSpace. Data will be uploaded to Company's site in MS-Excel 2003 format. With the exception of the first row, data containing non-numerical characters shall not be processed.

Data shall be processed only if compatible with the following restrictions: number of samples less than or equal to fifty  (50), number of variables less than or equal to fifty (50). Input variables may or may not be named. This will guarantee confidentiality. Data which is not compatible with the above restrictions shall not be processed, in which case Buyer shall be notified.

Provide Buyer with HTML report, including a Complexity & Risk Map and complexity measures and other risk-related information.

Buyer shall be notified via e-mail when report is ready for downloading.

Notification shall be issued immediately upon completion of analysis.

Buyer will be responsible for the download of his report.


3. Setup and Payment.
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.

4. Copyright.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

5. Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

6. Right to Refuse.
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

7. Indemnification.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

8. Non-Transferable.
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

9. Disclaimer.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

10. Refund Policy.
It is the Buyer s responsibility to upload correct and relevant data before requesting processing. Once payment has been made, no refund is possible.

11. Use of Information.
Ontonix will take appropriate steps to protect the information you share with us. Whenever you give Ontonix sensitive information (such as credit card numbers, addresses, etc.), Ontonix will take commercially reasonable steps to establish a secure connection with your web browser. Credit card numbers are used only for payment processing and are not retained for marketing purposes.

12. Miscellaneous.
This Contract shall be treated as though it were executed and performed in Italy, and shall be governed by and construed in accordance with the laws of Italy. Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Italy, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Ontonix  is strongly committed to protecting the privacy of its complexity on-line customers. The purpose of this privacy policy statement is to inform our customers on (1) what information is collected when you visit ontonix.com; (2) how we may use that information; and (3) whether we disclose it to anyone

Please note that this policy applies only to Ontonix s.r.l. and its Web site and not to other companies' or organizations' Web sites to which we link. Ontonix  is dedicated to protecting your personal information. Any comments or questions regarding our privacy practices should be sent to CustomerService@ontonix.com.


What information does Ontonix collect?
Ontonix collects user registration data and credit card information along with a billing address from users who use our system. Ontonix may retain such information indefinitely. 

What does Ontonix do with the information it collects?
Ontonix may disclose information about you if Ontonix believes in good faith that such action is reasonably necessary to enforce its Terms of Use Agreement or copyright policy, to comply with the law, to comply with legal process, or to protect the rights or property of itself, its members, its visitors, or others.


How will Ontonix protect your personal information?
Ontonix will take appropriate steps to protect the information you share with us. Whenever you give Ontonix sensitive information (credit card numbers, billing addresses and information), Ontonix will take commercially reasonable steps to establish a secure connection with your web browser. Credit card numbers are used only for payment processing and are not retained for marketing purposes.

By using this site, you signify your assent to the Ontonix Privacy Policy. If you do not agree to this policy, please do not use the site or the on-line service. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of Ontonix services following the posting of changes to these terms will mean you accept those changes. For a full explanation of the terms and conditions for using this site, please see our Terms of Use Agreement. Any queries should be sent to CustomerService@ontonix.com.