Terms of Service

1. General Provisions

These Terms of Service ('Terms') govern the access and use of the Biofix platform ('Service') provided by S.E.T. Group srl ('Company', 'we', 'us', 'our') to customers ('Customer', 'you', 'your').

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.

2. Service Description

Biofix is a cloud-based Software as a Service (SaaS) platform designed for the technical management of biomedical equipment, including but not limited to:

• Intervention and call management
• Preventive maintenance scheduling
• Technical documentation management
• Team and technician coordination
• Reporting and analytics
• AI-powered assistant (LINX AI)

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 User Responsibilities

You agree to:

• Use strong passwords and keep them secure
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with third parties
• Provide accurate and up-to-date information

4. Subscription and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis with various plans tailored to different customer needs. Specific pricing, features, and limitations are detailed in your service agreement or quote.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, as specified in your agreement. Payment is due within the terms specified in your invoice. Failure to pay may result in service suspension or termination.

4.3 Refund Policy

Subscription fees are non-refundable except as required by law or as expressly stated in your service agreement. Refunds, if applicable, will be processed within 30 days of approval.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Upload or transmit viruses, malware, or malicious code
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization

6. Intellectual Property

6.1 Company Rights

The Service, including all software, designs, text, graphics, logos, and other content (excluding Customer Data), is owned by S.E.T. Group srl and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service during your subscription period.

6.2 Customer Data

You retain all rights to the data, information, and content you upload to the Service ('Customer Data'). By using the Service, you grant us a limited license to host, store, and process Customer Data solely for the purpose of providing the Service to you.

7. Data Protection and Privacy

We process your personal data in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Please review our Privacy Policy for detailed information on how we collect, use, and protect your data.

8. Service Availability and Support

8.1 Service Level

We strive to maintain high service availability and performance. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance will be communicated in advance when possible.

8.2 Technical Support

Technical support is available via email at support@biofix.io. Support response times and availability may vary based on your subscription plan.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided 'as is' and 'as available' without warranties of any kind, express or implied
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by you for the Service in the 12 months preceding the claim
• We are not responsible for any data loss, business interruption, or damages resulting from your use or inability to use the Service

10. Indemnification

You agree to indemnify, defend, and hold harmless S.E.T. Group srl, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Term and Termination

11.1 Subscription Term

Your subscription continues for the period specified in your agreement and automatically renews unless you cancel before the renewal date.

11.2 Termination by Customer

You may cancel your subscription at any time by providing written notice to info@biofix.io. Cancellation will be effective at the end of your current billing period. No refunds will be provided for the remaining subscription period.

11.3 Termination by Company

We may suspend or terminate your access to the Service immediately if you violate these Terms, fail to pay fees, or engage in fraudulent or illegal activities.

11.4 Data Retention After Termination

Upon termination, your Customer Data will be retained for 3 (three) months to allow for data export or account reactivation. After this period, all data will be permanently deleted. You are responsible for exporting your data before termination.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through the Service at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Italy. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Court of Milan, Italy.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, or failures of third-party services or infrastructure.

15. Entire Agreement

These Terms, together with our Privacy Policy and any service agreement or quote, constitute the entire agreement between you and S.E.T. Group srl regarding the Service and supersede all prior agreements and understandings.

16. Contact Information

For questions or concerns about these Terms, please contact: