Terms and Conditions

Effective Date: 18/03/2025

The website available at the link https://dimotma.com/ (hereinafter, the "Website") and the platform (hereinafter, the "Platform"), which can be accessed through the reserved area of the Website, are the exclusive property of Dimot Ma S.r.l., with its registered office in Rome (RM), Lungotevere De’ Cenci 10, 00186, VAT No. 17609241009 (hereinafter, "Dimot" or the "Company").

The terms of use of the Website (hereinafter, "Terms of Use") must be read in conjunction with the Privacy Policy and govern the access to and the use of the software, the Website, the Platform, and the services (hereinafter, the "Services").

1. Acceptance of the Terms Anyone who accesses or uses the Services (hereinafter, the "User"), confirms that they have legal capacity within their own jurisdiction and accepts these Terms of Use. In the event of disagreement with what is stated in these Terms of Use or any subsequent amendments, or in the event of dissatisfaction with the Services offered by Dimot, the User may choose, respectively, not to accept these Terms of Use and to refrain from using the Services provided by the Platform.

2. Description of Services Dimot's Services offer solutions to simplify the visualization and management of data related to “market access” of companies operating in the life sciences industry (hereinafter, the "Clients"). The Services are accessible through the Platform, and the scope and functionality of these Services may be updated or modified periodically at the sole discretion of the Company.

3. Platform Operation Dimot's Services can be used by accessing the Platform to the reserved area. 

User’s access to the Platform is granted through the entry of login credentials on the designated page of the Website. The login credentials consist of a username and a password, both provided by Dimot. After the first login, the User is required to change the password previously provided by the Company. It is understood that the User is responsible for safeguarding the login credentials and for all activities carried out using his account. 

For subsequent logins, a Multi-Factor Authentication (MFA) procedure will be implemented. To access the Platform, the User must enter a One-Time Password (OTP) sent to their registered email address.
The User must promptly inform Dimot of any unauthorized access to his account or any security breach and in any case this communication must be done within a term of maximum 48 (forty -eight) hours since the breach of the account occurs.

Each account is identified by the username and the role held by the User within the Client company (hereinafter, "Account"), allowing the use of Services based on the position held.

The Platform provides the User with information on the market access status of a pharmaceutical product at national level (hereinafter, the "Product") within the dedicated national dashboard (hereinafter, the "Dashboard"). The addition of one or more Products can only be carried out by Dimot. 
The information displayed on the Dashboard is derived from data uploaded by each User into the Platform (hereinafter, the "Content").

4. License to Use the Services

License Grant: Dimot grants the Client and the User a limited, non-exclusive, non-transferable, and revocable license to use the Services solely for business purposes and in compliance with these Terms of Use.

Restrictions: it is prohibited:
- decoding, decompiling, or disassembling the software;
- using the Services for illegal or unauthorized purposes;
- modifying, distributing, or creating derivative works from the Services without prior written consent from Dimot. 

Any customization of the Services must be requested in writing to Dimot, who is the sole entity authorized to modify the software at the base of the Platform.

5. Payment

Fees:
Access to Dimot's Platform and Services is subject to payment of an initial "Set-up & Onboarding" fee (hereinafter, the "Initial Fee"), which varies depending on the number of Accounts that the Client wishes to activate and on the number of Products the Client wishes to be displayed on the Dashboards. Pricing and billing details will be provided at the time of Services’ purchase and communicated to the Client based on the information provided by the Client to the Company.

Billing: by providing payment details, the Client authorizes Dimot to charge the applicable fees on a monthly basis within 30 (thirty) days from the issuance of the invoice. 

6. Intellectual Property

Ownership:
Dimot MA S.r.l. is the sole owner of all content, trademarks, and intellectual property associated with the Services. 

User Content: the User declares full and legitimate ownership of all rights related to the Content (including, but not limited to, copyright, image rights and/or personality rights in general, trademark rights and other patent rights, confidentiality rights, portrait rights etc.) uploaded to the Company’s Platform. The User expressly declares that if is not the fully owner the Content’s rights to the Content uploading to the Platform, he has been expressly authorized to dispose of the Content by the third-party owners of the aforementioned rights and he is therefore fully entitled to release the authorization for the use of Content.

The User agrees not to upload Content if such Content and/or its use:

- is false, obscene, pornographic, defamatory, or contains racist, violent, offensive, harassing information, or incites criminal activities, or is otherwise illegal in Italy or in the place where the User uses the Services or under other laws however applicable;

- violates the rules on the processing of personal data or on the protection of trade secrets and confidential information;implies the possession by the User of legal authorizations, rights, or qualifications that the User does not possess;

- infringes patents, trademarks, copyrights, or other third-party rights;contains viruses or any program or software designed to o interrupt, destroy, damage, or even limit the functionality of any software, hardware, or network equipment or of or the Services or the Site themselves;

The User grants Dimot a worldwide, royalty-free license to use, display, and distribute the Content for the Company’s operational purposes.

7. Data Privacy The User acknowledges to have reviewed Dimot’s Privacy Policy (https://dimotma.com/privacy/), as amended from time to time; such Policy governs the Company’s collection and use of Users’ personal data and Content.

8. Prohibited Activities The User guarantees and accepts not to carry out any of the following activities:
- violate any laws or regulations while using the Services;
- introduce prejudicial code, such as viruses or malware;
- interfere with the functionality, integrity, or performance of the Services;
- misrepresent his identity or affiliation.

9. Third-Party Services Dimot’s Services may incorporate or interact with third-party services. The Company assumes no responsibility or liability whatsoever for the availability, accuracy, legality, security, content, or practices of such third-party services. The Company does not endorse or warrant any third-party services, and the User acknowledges that any access, interaction, or use of such services is entirely at their own risk. Use of third-party services is subject exclusively to their respective terms, and the Company shall not be held liable for any damages, losses, or issues arising from such use.

10. Limitation of Liability In no event shall Dimot be liable for damages to third parties or contracting parties arising, directly or indirectly, from the use of the Platform or Services, or resulting from any contract entered into between the Client, the User, and any third party. This exclusion of liability regards, among others, direct, indirect, incidental, special, exemplary, and consequential damages, including loss of profits, loss of data, or loss of goodwill, computer damage or the cost of substitute products or services.

The limitation of liability shall also be deemed to be extended to cases where Dimot is informed about the possibility of the occurrence of such damages.The damages to which the limitation of liability relates may result from: the use or improper use of the Site, Platform, or Services; the inability to use the Site, the Platform, or the Services; or the interruption, suspension, modification, alteration, or termination of the Site, Platform, or Services.

This limitation also applies with respect to damages incurred as a result of other services or products received through advertising or in connection with the Site, the Platform, the Services or any link on the Site, as well as a result of information or advices received through or advertised in connection with the Site, the Platform, the Services or any link on the Site. These limitations apply to the fullest extent permitted by law.

Disclaimer of Warranties: The Services are provided "as is" and "as available" without warranties of any kind, express or implied. Clients and Users must in any case promptly notify the Company of any difficulties encountered in the use of the Platform or the Services, allowing efficient development and updating of the Services.

11. Indemnification The Client agrees to release, defend, indemnify, and hold harmless Dimot and its officers, directors, managers, employees from and against all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from, or in any way related to:
- their own access to or use of the Services or Content, or the violation of these Terms of Use;
- content created, transmitted, copied, sent, or made available by Users themselves;
- violation of third-party rights.

Dimot reserves the right, at its sole discretion, to arrange its defense with a counsel of its own choosing, against all legal claims, lawsuits, or other causes of action requiring financial compensation brought by the Client and/or the User, without any possibility of objection by the latter.

12. Account cancellation and termination of Platform’s use The Client may modify the Accounts at any time by contacting Dimot at dimotma@legalmail.it

Dimot has the right to suspend or cancel any Account for violations of these Terms of Use or other mandatory rules, or, in any case, in the presence of events that prevent the continuation of the relationship between Dimot and the User. As a result of the account cancellation, the User loses all rights under these Terms of Use and is no longer entitled to use the Services.

The Client may terminate the use of the Services by written communication to Dimot at dimotma@legalmail.it, subject to 15 (fifteen) days' notice before the end of the current billing month (up-to date with the payments). Dimot will delete all active Accounts at the end of the notice period and the Customer and Users shall have no rights with respect to these Terms of Use.

13. Governing Law These Terms of Use are governed by and construed in accordance with the laws of the Italian Republic. 

Any disputes regarding the validity, interpretation, or enforcement of these Terms shall be referred to the exclusive jurisdiction of the Court of Rome.

14. Contact Information All communications towards the Company shall be sent to the following addresses:
- E-mail: dimotma@legalmail.it
- Address: Lungotevere De’ Cenci 10, 00186, Rome (RM), Italy

15. Entire Agreement These Terms of Use, together with the Privacy Policy and the individual contracts entered into between Dimot and the Client, entirely govern the contractual relationship between the Client, the User and Dimot and supersede any previous communication or statement, written or verbal, intervened between the parties.