1. Documents comprising the Contract
1.1 The Contract consists of the following documents:
- • these General Terms and Conditions for provision of the "simyousoon" service
- • the purchase order confirmation
2. Subject matter of the Contract
2.1 The customer is the natural or legal person identified in the Order Form (the "Customer"). The Order Form is the electronic form available on the website and in the mobile app dedicated to the simyousoon service ("Website" and "Mobile app"), through which the Customer requests activation of the service.
2.2 The service provider is ARUBACLOUD LIMITED LTD, with registered office at Kelly + Partners, The Crescent, Wexford, WEXFORD, Ireland, registration number 801555 with the Companies Registration Office of Ireland ("Arubacloud").
2.3 The service covered by the Contract consists of the sale by Arubacloud to the Customer, for a fee, of the prepaid eSIM service "Simyousoon" equipped with an international data plan, to be used on a device compatible with the service itself, and related support service (the "Service"). The technical characteristics and economic conditions of the Service are indicated on the Website and in the Mobile app. The Customer may manage the Service through their account on the Website and in the Mobile app.
2.4 The Contract constitutes a legally binding agreement between the Customer and Arubacloud.
2.5 Where required, Arubacloud has informed the competent telecommunications authorities of the resale of the Service in the countries where it is active.
3. When the Contract is finalised
3.1 The Contract is finalised when Arubacloud receives:
- - the order completed and accepted by the Customer in its entirety
- - payment of the fee
4. Registration and activation of the Service
4.1 The Customer must register or authenticate itself on the Website and Mobile app in order to purchase the Service.
4.2 Arubacloud provides the Service if:
- - it has received payment from the Customer, and if
- - the Customer has completed all installation and activation activities for the Service.
4.4 The terms indicated for activating the Service are indicative and any delays due to the Customer's inaction shall not be attributable to Arubacloud. In any case, the Customer shall be informed of any delays in the provision of the Service.
4.5 Once the order has been completed, Arubacloud shall send the Customer instructions for installing and activating the Service and, after installation, shall send confirmation of activation of the Service.
4.6 The Service is provided until the expiry date of the data plan purchased or, if earlier, until the gigabytes of connectivity included in the data plan purchased have been used up. Specific limitations may apply to Services purchased with an agreement code, i.e. the code provided to the Customer by a third party that has entered into a separate agreement with Arubacloud.
4.7 As the expiry date approaches, Arubacloud may send the Customer a notice of the upcoming expiry of the Service as a courtesy and therefore without assuming any obligation towards the Customer. The communication shall be sent to the contacts indicated by the Customer when ordering or during provision of the Service.
4.8 The Service can be purchased through one of Arubacloud's partners. If the Customer purchases the Service from a partner, they enter into a contract with that partner, and Arubacloud is not a party to the agreement between the Customer and the partner.
5. Duration of the Contract
5.1 Il Contratto è a tempo determinato. La durata è quella indicata nella conferma dell’ordine.
5.1 The Contract is for a fixed term. The duration is as indicated in the order confirmation.
5.2 The Contract shall be valid until the expiry date of the data plan purchased by the Customer or, if earlier, until the gigabytes of connectivity included in the purchased data plan have been used up.
5.3 The Contract does not provide for any automatic renewal of the Service. Upon expiry, the Service shall cease without the need for cancellation or notification by the Customer or Arubacloud.
5.4 In the event of a subsequent top-up or activation of a new data plan on the same eSIM, the Customer must make a new purchase and sign a new contract, which shall be governed by the economic and contractual conditions in force at the time of the new activation.
5.5 No amount shall be automatically charged to the Customer at the end of the contract period, nor shall any plan or service be activated without the express consent and signing of a new contract by the Customer.
6. Fees, payment methods and terms
6.1 The Customer must pay the fee due for the Service in the manner and within the terms indicated on the Website and in the Mobile app.
7. Delayed or non-payment
7.1 The Customer may not raise objections of any kind until they have paid the amount due under the Contract and provided Arubacloud with proof of payment.
7.2 If, for any reason, the Customer has not made the payment, has cancelled it or the payment has not been successful, Arubacloud may suspend activation of the Service or its provision, if already activated, with immediate effect.
During suspension of the Service, the Customer shall not be able to access it or its contents.
8. Arubacloud's obligations and limitations of liability
8.1 Arubacloud provides the Service with the characteristics and methods defined in the Contract. It is the Customer's sole responsibility to assess the suitability of the Service for their purposes or needs. In particular, it is the Customer's sole responsibility to verify that the device on which they shall install and activate the Service is compatible with the Service itself.
8.2 To the extent permitted by law and except in cases of wilful misconduct or gross negligence and any other liability that cannot be excluded or limited under applicable law, Arubacloud excludes all liability (whether arising from contract, negligence or otherwise) for any loss or damage that the Customer may incur in connection with the use or non-use of the Service. Notwithstanding the foregoing and to the extent permitted by law, in the event that Arubacloud is held liable for breach of its obligations under the Contract, whether through negligence or otherwise, the maximum amount that Arubacloud may be required to pay the Customer as compensation shall in no event exceed the amount paid or payable by the Customer for the Service purchased in the 6 months prior to the breach.
8.3 Arubacloud has no control over the content entered or transmitted by the Customer in or through the Service. Arubacloud therefore has no responsibility in relation to such content. With regard to this type of content, Arubacloud reserves the right to take action to protect its interests.
8.4 Arubacloud is not liable for any harmful consequences due to delays, malfunctions, suspension or interruption in provision of the Service caused by:
- a) unforeseeable circumstances and force majeure (e.g. earthquakes, floods, landslides, mudslides and, more generally, adverse natural events, building collapses, fires, epidemics, local or national mobility restrictions, acts of violence and terrorism, strikes, shortage of components necessary to provide the Service, malfunction or significant degradation of telecommunications services, including but not limited to Internet, data network or telephone services, etc.);
- b) malfunction or non-compliance of the equipment used by the Customer for using the Service;
- c) tampering with or intervention on the Service or devices by the Customer or third parties not authorised by Arubacloud;
- d) events that Arubacloud could not foresee or avoid with ordinary diligence, including those relating to events involving operators who own the network infrastructure.
8.5 Arubacloud shall not be liable if the Customer uses the Service in critical situations involving, for example, specific risks to human safety, environmental damage, specific risks relating to mass transport services, the management of medical devices and nuclear and chemical plants.
8.6 If the Customer is a Public Administration, Arubacloud assumes all obligations of financial flow traceability established by law.
9. Warranty
9.1 Without prejudice to the warranties and conditions required by applicable laws (e.g. in terms of consumer rights), Arubacloud makes no warranty and makes no representation regarding the eSIM and the Service, or any part thereof, and all warranties and conditions, whether express or implied by law or otherwise, are excluded to the extent permitted by law.
9.2 Arubacloud reserves the right, at its sole discretion, to discontinue the sale of the Service or support for the Service at any time, giving the Customer reasonable notice.
10. Availability of the Service
Arubacloud shall use reasonable efforts to enable the Customer to use the Service at all times, within the limits of Arubacloud's and its suppliers' capabilities. The Customer acknowledges and accepts that certain factors on which the proper functioning of the Service depends, such as, by way of example, the functioning of the network and the availability of the connection, are beyond Arubacloud’s control and that intervention or resolution of critical issues relating to these factors cannot always be guaranteed.
10.2 Arubacloud also provides the Service through external suppliers. The Service also relies on infrastructure external to Arubacloud, such as network infrastructure and connectivity.
10.3 The coverage and speed of the data purchased by the Customer as part of the Service may be subject to rules on the proper use of the service established by the network operator. In order to ensure a high level of service for all users, the operator reserves the right to apply limits or restrictions on data usage or speed if the Customer's usage is considered excessive or if it has a negative effect on network performance for other users.
10.4 The Service is provided "as is" and "as available". Arubacloud does not guarantee the power, coverage, availability and quality of the network or the availability of the Service connection under any circumstances. By way of example and without limitation, no guarantee is provided in the following cases:
- a) improvement, maintenance or other work on the network by third parties;
- b) the Customer is located in areas not covered by the network on which the Service is based or in areas not indicated in the Customer's data plan;
- c) presence of factors beyond Arubacloud's control that cause disruption, including those arising from the functions or operation of the Customer's device, malfunctions of the network operator's service, legal requirements, communication network problems, weather, radio interference or other physical obstacles.
10.5 The Service is active in several countries. Arubacloud provides information on data plans for the countries in which the Service is available on the Website and on the Mobile app. Arubacloud reserves the right to limit or modify the content and availability of these data plans and the list of countries in which the Service is active.
10.6 Arubacloud reserves the right to delete the Customer's account, or to restrict access to the Service, for just cause and even without prior notice, such as breach of the Contract, conduct that is unlawful or prejudicial to the Service or other customers, or compliance with the law or orders from authorities. In such cases, Arubacloud shall inform the Customer, where possible, stating the reasons for the decision.
11. The Customer’s obligations and rights
11.1 The Contract is in addition to the consumer's legal rights where applicable by law.
11.2 The Customer acknowledges and agrees that they are solely responsible for verifying the compatibility of their device with the Service. Information on devices compatible with the Service can be found on the Website and on the Mobile app. By using the Service, the Customer acknowledges that they have an unlocked device that is compatible with the Service.
11.3 The Customer undertakes to provide Arubacloud, in particular during the purchase process and when completing the relevant Order Form, with information and personal data (including, but not limited to, first name, surname, email address and telephone number) that is complete, correct and truthful, and to keep it up to date by promptly communicating any changes. The Customer acknowledges and accepts that they are solely responsible for the final verification and accuracy of all data entered before confirming the order. By submitting the order, the Customer confirms the accuracy and truthfulness of the data provided. The Customer is aware and accepts that the correct and timely fulfilment of Arubacloud's contractual obligations depends essentially on the accuracy and truthfulness of the data provided.
11.4 If necessary, Arubacloud may request additional documents or information, which the Customer undertakes to provide.
11.5 If performance of the Contract becomes impossible, is delayed or is significantly more costly due to the provision of incorrect, incomplete or untrue data by the Customer (e.g. failure to activate the Service), such failure shall not be attributable to Arubacloud. Consequently:
- a) the Customer shall not be entitled to any refund of the amount already paid for the service that could not be provided for reasons directly and solely attributable to the Customer's error, without prejudice to the consumer's right of withdrawal to be exercised within 14 (fourteen) days of purchase;
- b) any additional costs incurred by Arubacloud due to the Customer's error shall be borne exclusively by the Customer. Arubacloud reserves the right to request payment of such costs before making a new attempt to perform the service
11.7 The Customer is required to promptly correct any incorrect data that Arubacloud may detect when issuing the electronic invoice, following the instructions provided by Arubacloud.
The Customer is liable for any damage or penalties incurred by Arubacloud or the Customer itself due to incorrect or outdated data provided to Arubacloud.
11.8 The Customer must provide their own hardware and software resources that are necessary for using the Service and is solely responsible for their compatibility, correct configuration, and management with respect to the Service. Arubacloud may send the Customer a notification before any data plan consumption limits are reached as a courtesy and without assuming any contractual obligation.
11.9 The Customer undertakes:
- a) to pay Arubacloud all applicable costs in accordance with the data plan of the Service purchased. If the Customer damages or loses their device before paying for the Service, they shall still be required to pay the full cost of the Service;
- b) to use the Service in accordance with the Contract;
- c) to use the Service in accordance with the applicable laws and regulations of the country in which the Customer is located or habitually resides or is based;
- d) not to use the Service to engage in fraudulent, criminal or illegal activities or activities that may compromise or damage the network;
- e) not to use the Service to download, send or upload content of excessive size, quantity or frequency; and
- f) not to use the Service in ways that may infringe the intellectual or industrial property rights of third parties.
11.10 The Customer declares that they have the technical knowledge necessary for using and managing the Service and declares that they are solely responsible for any type of data, information or content entered into the network or otherwise processed through the Service.
11.11 The Customer declares that they are the sole and exclusive administrator of the Service.
As such, the Customer is solely responsible for the management of data, information and content processed through the Service, their security, their storage and any other activity necessary for ensuring their integrity. For this reason, the Customer undertakes to adopt appropriate security measures in accordance with best industry practices.
11.12 The Customer undertakes to protect the credentials for accessing the Service and any codes, adopting adequate security measures in accordance with best industry practices.
Any operation performed through the Service is presumed to have been performed by the Customer, with all the legal consequences that this entails. For this reason, the Customer must exercise the utmost diligence in generating, storing, managing and using the login credentials for the Service and any additional codes that have been communicated to them or that they have set up in order to use the Service.
The Customer must not allow their use by third parties who are not expressly authorised. If the Customer allows their use by third parties, they assume all responsibility. In any case, the Customer is responsible for the loss of the Service credentials and codes or their use by unauthorised third parties.
11.13 The Customer undertakes to comply with all applicable laws and regulations on the prevention of corruption. The Customer also undertakes not to engage, either directly or through third parties, in any conduct that may constitute acts of corruption or attempts at corruption. In the event of a breach of this undertaking, Arubacloud shall have the right to terminate the contract with immediate effect, without prejudice to any further rights to compensation for damages.
11.14 All operations performed (e.g., assignments, activations, deactivations) and the history of operations are certified exclusively by Arubacloud's logs, which are stored in accordance with the law.
11.15 The Customer undertakes not to resell data plans relating to the Service to third parties. Should the Customer violate the prohibition on resale, Arubacloud shall immediately intervene to suspend the Service and take all necessary measures to stop the violation, including immediate termination of the contract without prior notice.
11.16 Arubacloud reserves the right to seek remedies, damages and reimbursement of expenses incurred to the fullest extent permitted by law in the event of a breach of the Contract by the Customer.
12. Benefits; Discount vouchers and Promotions
12.1 The Customer undertakes to use the agreements, credits, discounts, vouchers, rewards deriving from referral programmes and any other promotions or benefits (the "Benefits") offered as part of the Service in accordance with the principles of good faith and fairness, in compliance with the purposes for which such Benefits are granted. The purpose of the Benefits is to encourage the legitimate use and dissemination of the Service, rewarding the loyalty and genuine participation of the customer community. The Customer is expressly prohibited from using the Benefits in any way that could undermine the fairness, integrity or legitimate operation of the Service or constitute abuse. Such conduct is considered a material breach of the Contract. By way of example only, the following constitute unlawful and fraudulent use of the Benefits: registering fake profiles, the use of fictitious identities to take advantage of the Benefits, or the manipulation of referral programmes, for example through self-referral (registration of accounts controlled by the same Customer) or the use of automated systems (bots) to generate fictitious registrations. Violation of these commitments constitutes a serious breach of contract and, in the event of a proven violation, Arubacloud shall take all measures to protect itself, including, but not limited to, the cancellation, reversal or adjustment of all Benefits obtained, accumulated or used unlawfully, suspension or cancellation of the Customer's account or termination of the contract, without the Customer being entitled to any compensation or refund.
12.2 Customers who are eligible for discount vouchers and promotions may benefit from them in accordance with the terms and conditions set out and specified in the promotional materials describing the initiatives promoted by Arubacloud.
12.3 The Customer acknowledges and accepts that, unless otherwise specified by Arubacloud in the relevant information materials the discount voucher:
- a) can be used only once during the relevant period of validity and cannot be combined with other current promotions, unless otherwise specified by Aruba;
- b) is not transferable to third parties;
- c) cannot be used again in the event of cancellation, annulment or failure to fulfil the order for any reason and/or cause;
- d) shall not be refunded to the Customer for its value in the event of termination of the Contract for any reason and/or cause;
- e) of any type, is non-refundable and non-convertible into cash;
- f) is not retroactive and therefore cannot be used for orders that have already been placed;
- g) it cannot be used for orders relating to the renewal of the Service.
12.5 The Customer acknowledges and accepts that the Service available for purchase as part of the promotion is subject to restrictions published on the Website and in the Mobile app, including restrictions on the maximum quantity that can be purchased as part of the promotion. If this limit is exceeded, the current list prices shall apply. In this case, Arubacloud reserves the right to suspend or revoke the Service and/or the Customer's account at any time, without prior notice and/or communication, requesting payment and/or any additional amounts due for the Service purchased in excess of the limit set by the promotions.
13. Support
13.1 Arubacloud offers the Customer a support and assistance service via the Website and the Mobile app, where the Customer can take advantage of, for example, Service guides, chatbot support and dedicated assistance.
13.2 The Customer authorises Arubacloud and any companies appointed by Arubacloud to carry out the requested or necessary technical intervention, undertaking to provide them with all the information requested.
13.3 Arubacloud shall make every reasonable effort to address the issues reported by the Customer as soon as possible. Response times may vary depending on the following factors:
- • type of intervention required
- • order of arrival of the intervention request
- • the priority of the intervention request
13.4 The Customer is aware that:
- a) Arubacloud provides support services on a best-effort basis and, in performing support services, assumes an obligation of means and not of results. That is, it shall perform the service with the diligence required by the type of activity to be performed but cannot guarantee that the problem shall be resolved.
- b) the effectiveness of the support and assistance service may depend on external factors beyond Arubacloud's control (such as, for example, the internet, third-party infrastructure or the Customer's systems). Arubacloud is not liable for any disruptions, delays or malfunctions resulting from such circumstances and cannot be held liable for any damages related to the provision of the support and assistance service, in accordance with the limitations of liability described in the Contract.
- c) Arubacloud does not acquire or store information or content entered by the Customer or processed by them through the Service, nor does it take any action in connection with such information or content, except as strictly necessary for performing the assistance intervention.
13.5 The Customer releases Arubacloud, the external companies responsible for the intervention and their personnel from any liability for any damage of any kind caused by the assistance intervention, including loss of data or interruption of the Service.
13.6 Arubacloud and its suppliers may perform maintenance or automatic updates that they deem necessary or appropriate for ensuring the proper functioning of the Service.
13.7 Arubacloud may interrupt its provision of the Service in order to carry out maintenance work. Arubacloud shall notify the Customer by email 7 days prior to the interruption or within the different timeframe indicated in the specific communication, also communicating the estimated restoration times.
13.8 The Customer releases Arubacloud from any liability for damages, including loss of data, interruption of the Service or unavailability or connection of the Service, which may be caused to the Customer or third parties as a result of these operations.
14 Suspension of the Service
14.1 Arubacloud may suspend the Service and the Customer's account at its discretion and without prior notice if:
- a) The Customer is in breach of the contractual provisions;
- b) the Customer does not comply, in whole or in part, with Arubacloud's requests or, in any case, their behaviour is such as to suggest that they are not complying with the Contract;
- c) there are reasonable grounds to believe that the Service is being used by unauthorised third parties;
- d) cases of force majeure or circumstances arise which, at Arubacloud’s sole discretion, require emergency measures to be taken or measures aimed at resolving security issues or risks to the entire network, persons or property. In such cases, the Service shall be restored when Arubacloud, at its discretion, considers that the causes that led to its suspension have been removed or eliminated;
- e) the Customer is involved, for any reason, in any judicial or extrajudicial dispute of whatever nature concerning acts and conduct carried out through the Service or related to it;
- f) it is required by the judicial authorities;
- g) there are justified reasons in terms of security or confidentiality;
- h) the Customer uses defective, non-approved equipment or software, or equipment or software that malfunctions in a way that could damage the integrity of the network, disrupt the Service, or create risks to the physical safety of persons and property.
14.3 During a suspension of the Service, for any reason, the Customer shall not be able to access the Service and any data, information or content that they have entered into the Service or processed through the Service.
15. Withdrawal
15.1 Customers who qualify as "consumers" under applicable law may exercise their right of withdrawal within 14 days of the date on which the Contract was concluded, at no cost and without having to give any reason. To communicate their intention to withdraw, Customers must send a request for assistance via chat on the Website or in the Mobile app . In the case of such withdrawal, the Customer shall be entitled to a refund of the amount paid for the Service, without undue delay and in any case within 14 days from the date on which the Customer communicated their intention to withdraw from the Contract, if the following cumulative conditions are met:
- a) the Customer purchased the Service on the Website or Mobile App;
- b) the Customer has exercised their right of withdrawal within 14 days of the date on which the Contract was concluded;
- c) the data plan included in the Service must not have been activated or used;
- d) the data plan included in the Service must not have expired.
Arubacloud shall refund payments using the same payment method used by the Customer or in a different manner agreed with the Customer.
15.2 Arubacloud may withdraw from the Contract at any time and without obligation to provide reasons, by giving the Customer at least 15 days' written notice.
Arubacloud may terminate the Contract with immediate effect in the event of force majeure or if the Customer is listed in the register of protests, is declared insolvent, or is admitted to or subject to insolvency proceedings.
Once the termination has taken effect, Arubacloud shall deactivate the Service and make any refunds in proportion to the Service data plan made use of by the Customer.
16. Express termination clause
16.1 The Contract shall be considered terminated with immediate effect, without the need to send a formal notice to comply, if the Customer:
- a) violates the obligations set forth in Articles 11 (The Customer;s Obligations and Rights) and 18 (Copyright and Licences);
- b) carries out an illegal activity using the Services;
- c) transfers the contract, even partially, to third parties without Arubacloud’s prior written consent.
16.3 Starting from the date on which the Contract is terminated, the Service shall be deactivated without prior notice. Arubacloud shall retain the sums paid by the Customer as a penalty and may charge the Customer for any additional costs that Arubacloud has had to bear. In any case, Arubacloud reserves the right to compensation for any damages suffered.
17. Amendments to the contract
17.1 The Service covered by the Contract is based on constantly evolving technology. For this reason, Arubacloud may, over time, modify the technical characteristics, contractual and economic conditions, and the countries in which the service is available.
Changes may also be necessary to adapt the Service and the Contract to circumstances beyond Arubacloud's control, such as changes in the costs of services provided by Arubacloud's suppliers or otherwise needed for provision of the Service, increases in electricity costs, regulatory changes, measures or provisions of the relevant authorities.
17.2 In the event that Arubacloud makes changes for the worse to the technical characteristics of the Services or the economic or contractual conditions, these changes shall be communicated to the Customer by email or by publishing them on the Website and Mobile app. The changes shall take effect 30 days after the date of their communication to the Customer.
If the Customer does not wish to accept the changes, including the financial terms, they may withdraw from the Contract within 20 days of the date of notification by sending a request for assistance via chat on the Website or Mobile app.
If the Customer does not exercise their right of withdrawal, the changes shalll be deemed accepted.
18. Intellectual property and licences
18.1 The Customer must use the Service in compliance with the intellectual property rights of Arubacloud and its suppliers.
18.2 The software used for provision of the Service is the exclusive property of Arubacloud or its respective suppliers. Therefore, the Customer does not acquire any rights or title in this regard and may only use the software during the course of the contractual relationship with Arubacloud.
In the case of licences provided by third-party suppliers through Arubacloud, the Customer is aware that Arubacloud is not involved in the relationship between the Customer and the third-party supplier and undertakes to accept and comply with the terms of those licences.
18.3 The Customer acknowledges that all rights relating to the trademark, trading name, logos and any other distinctive signs of Arubacloud are the exclusive property of the latter or its assigns. The Customer undertakes not to use, reproduce or disclose such trademarks, trading names or distinctive signs without Arubacloud’s prior written consent.
19. Communications between the parties
19.1. Arubacloud shall communicate with the Customer by writing to the contact details provided by the Customer when ordering or providing the Service, or through communications published on the Website or in the Mobile app. Communications sent by Arubacloud to these contact details or made in the manner indicated above shall be deemed to have been received by the Customer. Any changes to the Customer's contact details (including email address) not communicated to Arubacloud shall not be enforceable against it.
19.2 The Customer must send their communications and requests for assistance to Arubacloud through the appropriate assistance service.
20. Complaints
20.1 The Customer may submit a complaint regarding the provision of the Service by opening a support request on the Website or in the Mobile app.
The complaint must be submitted within 7 days of the occurrence of the event that is the subject of the complaint or within the period permitted by applicable law.
Arubacloud shall review the complaint and provide a written response within 30 days of receiving the complaint.
If the complaint concerns particularly complex matters that do not allow for a comprehensive response, Arubacloud shall inform the Customer of the status of the complaint within the above-mentioned time frame.
21. Processing of personal data
21.1 The processing of the Customer's personal data communicated to Arubacloud for the purposes of executing this Contract and subsequently providing the Service shall be carried out in accordance with Legislative Decree 196/2003, Regulation (EU) 2016/679, and the privacy policy provided during registration.
22.2 During the collection, processing and management of data necessary for provision of the Service, Arubacloud acts as an independent Data Controller in accordance with the definitions of roles described in Legislative Decree 196/2003 and Regulation (EU) 2016/679.
22. Applicable law and jurisdiction
22.1 Except as provided by applicable laws, including consumer protection laws:
- i. this Contract is governed by Italian law, excluding any application of the United Nations Convention on the International Sale of Goods;
- ii. disputes relating to the Contract shall be subject to the exclusive jurisdiction of the Court of Milan (Italy).
22.3 The Service is not intended for use by persons or entities in jurisdictions or countries where such use would be contrary to applicable laws or regulations. Therefore, those who choose to access the Service from locations that prohibit its use do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
23 Final provisions
23.1 Il Contratto annulla e sostituisce ogni altra precedente intesa eventualmente intervenuta tra Arubacloud e il Cliente sullo stesso oggetto.
23.1 The Contract cancels and replaces any other previous agreement between Arubacloud and the Customer on the same subject.
23.2 Any breach or conduct by the Customer in contravention of the Contract shall not be construed as a modification, waiver or tacit acceptance thereof, even if Arubacloud fails to contest it. Any failure or delay by Arubacloud in enforcing any right or contractual provision shall in no way be considered a waiver of such rights or provisions.
23.3 The total or partial ineffectiveness or invalidity of one or more clauses of the Contract shall not affect the validity of the others, which shall be considered fully valid and effective.
23.4 Arubacloud may communicate to third parties, or disclose in any form, the data relating to the Contract (e.g., the subject matter, duration, name of the Customer) as a commercial reference for the promotion of its products or services.
23.5 The relations between the Parties established by this Contract shall not be interpreted as constituting a relationship of mandate, representation, collaboration, association, joint venture or any other form of similar or equivalent contractual relationship.
23.6 The Customer may only assign the contract to third parties with Arubacloud’s written authorisation.