Terms and Conditions of use
Last updated: June 5, 2024

The following terms and conditions apply to the purchase of subscription licenses or any other type of license or service through this site. Please read them carefully and in their entirety.

 

 PREMISE

  • LOGCA SRL is the owner of the site and develops software that are covered in the Terms below.

1 BINDING AGREEMENT

  • These Terms govern your use of all our websites and the services that LOGICA Srl offers.
  • These Terms also govern your use of our software that you download from our other websites such as www.paintknit.com, www.selftryon.com, etc… that we include as part of our Services.
  • By setting up one of the accounts that LOGICA Srl makes available such as: account located within the sites “www.paintknit.com” or “www.logicainnovation.com” or “www.selftryon.com”, etc… using our Services, using or downloading LOGICA Srl Software or clicking on the “I Accept” button (or equivalent), you accept these Terms.
  • If at any time, for any reason, you do not agree to any part of the then-current version of these Terms, our Privacy Policy, your license to use our Services will immediately terminate and you must stop using our Services and promptly remove any LOGICA Srl Software installed on your computer. If you receive LOGICA Srl software from us, your use of such software is governed by the applicable License Agreement or End User License Agreement (collectively, “EULA ” ) submitted and signed by you. If no additional EULA or license terms are submitted and signed, these Terms apply.
  • Unless otherwise stated in these Terms, to the extent these Terms conflict with any other terms, policies, rules or codes of conduct of LOGICA Srl, these Terms shall prevail.

2 MODIFICATIONS TO THE TERMS AND OUR SERVICES

  • LOGICA Srl reserves the right, at our sole discretion, to change or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for changes, LOGICA Srl will notify you of any revisions to these Terms by posting them at this location and may provide other notices which may include via email or in-service notice. If you do not agree to the modified Terms, you must stop using our Services. Your continued use of our Services following any revision to these Terms constitutes your consent to and acceptance of the modified Terms.
  • These Terms may not be modified in any way except in a writing signed by you and LOGICA Srl. For purposes of this provision, “writing” does not mean an email message.
  • You agree that LOGICA Srl retains the unrestricted right to change any aspect of our Services or Software. You acknowledge that LOGICA Srl has made, is making, and will constantly make changes to our Services or Software. Such changes include changes to features, functions, or capabilities of any element of our Services or Software.
  • All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on our Services or Software are subject to change (including availability) at any time without notice.
  1. LICENSE TO USE OUR SERVICES AND SOFTWARE
  • Provided that you comply with these Terms and your eligibility for the applicable license type, LOGICA Srl grants you a non-exclusive, non-transferable license when you register for an account and pay any fees, where applicable, to:
    • access and use our Software and/or Services for personal or individual use, for business purposes, for academic or student purposes, or for other types of licenses as needed.
    • download and install LOGICA Srl Software on authorized devices owned and controlled by you, subject to the applicable License Type, License Type and License Term.
    • use LOGICA Srl Software to access and use our Services described above as applicable.
  • The LOGICA Srl Services and Software and their content, features and functionality are the property of LOGICA Srl, its licensors or other providers of such material and are protected by copyright and other laws and international treaty provisions. Except for the licenses expressly granted in these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code or any other right, title or interest in our Services or the LOGICA Srl Software, all of which are retained by LOGICA Srl and its suppliers, as applicable. Any updates to our Services or LOGICA Srl software are also governed by these Terms.
  • LOGICA Srl Software is licensed, not sold, to you for use solely under these Terms and LOGICA Srl reserves all rights not expressly granted to you.
  • You accept under your responsibility that the service you are subscribing to may sometimes be suspended for maintenance and/or updates. Furthermore, it may happen that you have inaccuracies in the final result.
  1. SERVICES, PURCHASES AND PAYMENT
  • Certain aspects of our Services require the payment of fees (e.g., subscription fees, training, online training). If you are required to pay a fee, the specific terms and conditions associated with that service will be included at the location where such services are offered. Unless otherwise stated, all currency references are in EURO. All fees and charges are payable in accordance with the payment terms in effect at the time the fee becomes payable. LOGICA Srl may, from time to time (and upon notice if required by applicable law), change, amend or supplement its fees and the methods of billing fees, and such changes will be effective immediately upon posting of the changes on our Services or on the websites through which you access our Services.
  • If you have chosen to access a paid aspect of our Services, upon acceptance of these Terms and submission of your order, you agree that we have the right to automatically charge your credit card or bill your account for the applicable fees, plus any applicable taxes that we are required to collect, and you authorize us to do so. All prices posted on our Services do not include any applicable sales tax, unless specifically stated that they are inclusive of taxes. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered in your name. You may also be directed to a web page hosted by a third-party payment service and not by Logica srl ​​You will be asked to provide certain information relevant to your purchase. If you use and provide information through a Payment Service Page, you will be subject to that Payment Service’s Terms of Service and Privacy Policy, rather than these Terms and LOGICA Srl’s Privacy Policy. LOGICA Srl has no control over, and will not be responsible for, the Payment Services’ use of information collected through the Payment Service Page.
  • UNLESS OTHERWISE SPECIFIED IN ANY ADDITIONAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT LOGICA SRL IS NOT OBLIGED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE A REFUND WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICES, WHETHER SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY. YOU PROMISE THAT YOU WILL NEVER HAVE OR BRING ANY CLAIM OR SUIT AGAINST LOGICA S,R,L, ITS LICENSORS OR THIRD PARTY SUPPLIERS, OR ANY EMPLOYEE OF ANY OF THE FOREGOING, WHETHER RELATED TO OR BASED ON (I) A CLAIM FOR THE “VALUE” OF VIRTUAL ITEMS IF LOGICA Srl DELETES THEM (AND/OR SUSPENDS, DEACTIVATES OR TERMINATES YOUR ACCOUNT), (II) A CLAIM FOR THE “VALUE” OF VIRTUAL ITEMS THAT YOU MAY LOSE IF LOGICA SRL DOES ANYTHING IT IS ENTITLED TO DO UNDER ANY PROVISION OF THESE TERMS, EULA, RULES OF CONDUCT AND/OR PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR BUGS IN OUR SERVICES AND/OR (III) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL OBJECT HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATIONS THAT LOGICA SRL HAS MADE OR WILL MAKE TO OUR SERVICES.

5 USE OF CLOUD OR WEBSERVER

  • Using the Cloud
    • You acknowledge and agree that the Software may make use of cloud services to store, process or transmit data.
  • Security Risks
    • You understand that using the cloud involves security risks, including, but not limited to, the possibility of unauthorized access, data loss, or interception of communications.
  • Legal Compliance
    • You agree to use the software in compliance with applicable data protection and privacy laws and regulations relating to cloud use.
  • Disclaimer
    • You release Logica Srl from any liability arising from your use of the cloud and agree to indemnify and hold Logica Srl harmless from any claim, loss, damage or liability arising from your use of the cloud in relation to the software
  • Offline Usage and Data Management
    • You acknowledge that without an internet connection, some features of the software may be unavailable or limited. You agree to be responsible for managing your data while offline, including synchronizing your data once your internet connection is restored.
  • Offline Data Privacy and Security
    • You understand the risks associated with handling data offline, including but not limited to loss, corruption, or unauthorized access to data. You agree to implement appropriate measures to protect the confidentiality and security of data offline.
  • Offline Use Disclaimer
    • The user releases Logica Srl from any liability arising from the use of the software in offline mode and agrees to indemnify and hold harmless the supplier from any claim, loss, damage or liability arising from the use of the software in the absence of an internet connection.

6 TYPE OF LICENSE AND DURATION OF THE LICENSE IN THE CASE OF RECURRING SUBSCRIPTION

  • Your recurring subscription can be cancelled from the “My Subscription” section of your account page.
  • Once you cancel any recurring payments, the remaining time on your subscription will not be affected.
  • If you need to use LOGICA Srl software on other devices, you can deactivate it directly from the software and the subscription will not be cancelled.
  • Payment and credit card entry if requested is consented by the customer himself.

*Please note that canceling your subscription after renewal is non-refundable.

*The free trial does not renew and cannot be cancelled during the trial period.

  • License types can be: 
    • On a monthly or annual subscription basis.

 

7 POSSIBLE PRICE CHANGES

  • LOGICA Srl reserves the right to change prices or institute new fees for access to or use of our Services or Software at any time upon no less than thirty (30) days’ notice. You are responsible for regularly reviewing such pricing information. Your continued use of the Service or Software or failure to close your account after such thirty (30) day period constitutes your acceptance of the prices as modified

8 REGISTRATION, USERNAMES AND PASSWORDS

  • To access some features of the Services, you may be required to register an account with us.
  • When you create or update an account, you may be asked to provide us with certain personal information, which may include your email address and other information that can be used to identify you. Such information, if provided to us, will be maintained and used in accordance with our Privacy Policy. You further acknowledge and agree that all rights to the account are and will be owned solely by LOGICA Srl The information you enter must be complete and accurate as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete, LOGICA Srl has the right to suspend or deactivate your account.
  • When you register for an account, you will be asked to choose a password and username. You may not use a username that is being used by someone else, that is vulgar or otherwise offensive, that infringes any trademark or other rights of others, or that is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your account information (including usernames, passwords, and any billing information).
  • You are solely responsible for all activities, charges and fees that occur on your account. You agree to properly exit from your account at the end of each session. You agree to immediately notify LOGICA Srl of any unauthorized use of your account or any other breach of security by providing LOGICA Srl with documented proof.
  • LOGICA Srl will not be liable for any loss or damage you may suffer as a result of someone else using your account, with or without your knowledge. You will be responsible for all losses incurred by LOGICA Srl due to someone else using your account. You may not use anyone else’s account at any time. Your account is personal to you, and you may not transfer or make your account available to anyone else. Any distribution by you of your account or related information may result in suspension or deactivation of your account without refund or compensation, and the imposition of additional charges on your account based on any unauthorized use.

9 COMMUNICATIONS IN ELECTRONIC FORM

  • When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  • Privacy and Use of Information; Connectivity. You acknowledge and agree that: when the Software is installed and connected to the Internet, LOGICA Srl may automatically collect certain information and data from you, including user identifiers and hardware specifications and Licensee Data to monitor and maintain the Software and provide the Services to you. You hereby consent to the monitoring, maintenance, use, storage and disclosure of such Licensee Data by LOGICA Srl in accordance with these Terms, including storage of Licensee Data in data centers hosted by ARUBA or other third-party providers. LOGICA Srl software requires or may require access to and use of content and services hosted on websites operated by LOGICA Srl. Access to such content or services and use of the Software will cause your computer, without further notice, to automatically connect to the Internet and communicate with LOGICA Srl

10 TERM AND TERMINATION

  • Your right to use the Services and Software is effective until the end of the applicable Subscription Term or non-recurring license term.
  • Upon termination, the licenses granted to you by LOGICA Srl will cease, you may not be able to access or retrieve any content associated with your account, and you will promptly remove the Software from your device.
  • If you close your account, you agree that we may retain your content on our servers for a period of time to allow you to renew a subscription.

11 LIMITATION OF LIABILITY

  • IN NO EVENT WILL ANY OF THE LOGICA Srl PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, EVEN IF LOGICA Srl WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE, REVENUE, DATA, OR BUSINESS OPPORTUNITY; OR FOR BUSINESS INTERRUPTION).
  • IN NO EVENT SHALL ANY OF THE LOGICA Srl PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USER PLUG-IN.
  • IN THE EVENT THAT ANY CLAIM RELATING TO THE PERFORMANCE OR NON-PERFORMANCE OF LOGICA Srl UNDER THESE TERMS, OR IN ANY WAY RELATING TO ANY LOGICA Srl SOFTWARE PRODUCTS OR SERVICES IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED WILL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF OUR SERVICES OR THE SOFTWARE IN THE 180 DAY PERIOD PRECEDING THE CLAIM, AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING SUCH TIME PERIOD, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF OUR SERVICES OR THE SOFTWARE. LOGICA Srl AND CLOSE YOUR ACCOUNT.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. ACCORDINGLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE LOGICA Srl PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THUS REDUCING THE LIABILITY OF SUCH LOGICA Srl PARTIES TO THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION IN THESE TERMS.
  • IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

12 COMPENSATION

  • You agree to defend, indemnify and hold harmless LOGICA Srl, its affiliates and their respective officers, directors, agents and employees from and against any and all claims, actions, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of, alleged, resulting from or relating in any way to:
    • breach or alleged breach of confidentiality or its obligations;
    • violation (including any alleged violation) of applicable anti-corruption laws;
    • damage to real or tangible personal property and/or personal injury or death of any person arising out of or in connection with these Terms, except to the extent such damage, injury or death was caused by the gross negligence or willful misconduct of the LOGICA Srl Indemnified Parties;
    • any proceeding initiated against any LOGICA S,r,l Indemnified Party for any infringement of any third party’s legally protected rights, including but not limited to patents, copyrights, trade secrets, unfair competition or any other claims arising from the use of LOGICA Srl and/or any other information provided or created by Licensee in connection with these Terms;
    • violation of the obligations relating to Unauthorized Uses set forth in Section.

Certain Risks Related to Using the Software (Learn More)

Health Risks (more information)

The software provided by Logica is intended for users in the textile industry in general. However, it is important to note that the use of the software may pose health risks to users. Please consider the following points:

  1. Medical Consultation : Before using the software, users are advised to consult a qualified medical professional, especially if they have pre-existing medical conditions or have questions regarding their health.
  2. Side Effects : Some users may experience side effects or adverse reactions to using the software. It is important to carefully monitor your health while using the software and consult a doctor if you experience any abnormal or worrying symptoms.
  3. Software Limitations : The software may not be suitable for all people or may not provide accurate analysis in certain situations. It is important to understand the limitations of the software and never substitute the advice or judgment of a medical professional with the information provided by the software.
  4. Personal Responsibility : Users are responsible for the use of the software and for any consequences arising from the use of the software for monitoring their own health or that of third parties. Logica srl ​​declines all responsibility for direct or indirect damages arising from the use of the software for medical or diagnostic purposes.

Risks and Damages Associated with the Use of the Software or the Result on Machinery (further information)

The software provided by Logica srl ​​may be used in connection with machinery or industrial equipment. However, it is important to understand the potential risks and damages associated with using the software on machinery. Please consider the following points:

  1. Safety Risk : Using the software on machinery may pose safety risks to operators or technicians interacting with the machinery. Users are responsible for understanding and following appropriate safety procedures when using the software on machinery.
  2. Possible Malfunctions : The software may not be compatible with or may cause malfunctions in the machinery or industrial equipment to which it is applied. It is important to carefully test the software before using it on operational machinery and to carefully monitor its operation for any problems or anomalies.
  3. Property Damage : Use of the software on machinery may result in property damage to the machinery or other connected equipment. Users are responsible for any property damage resulting from use of the software and should take appropriate precautions to protect machinery and equipment from damage.
  4. Production Damage : Malfunctions or problems with software can negatively impact production or company operations. It is important to understand the potential impacts of software on production operations and take timely corrective measures to minimize risks and production damage.
  5. Limitation of Liability : Logica srl ​​declines all responsibility for direct or indirect damages arising from the use of the software on machinery or industrial equipment. Users use the software at their own risk and are responsible for any consequences arising from the use of the software on machinery.

Software Reseller Responsibilities (learn more)

Resellers of the software provided by Logica Srl are required to understand and comply with the following points regarding the use of the software on industrial machinery or equipment:

  1. Risk Information : Resellers are required to inform their customers of the potential risks and damages associated with using the software on machinery. It is important to clearly and comprehensively convey all relevant information about the risks and precautions to be taken when using the software on machinery.
  2. Training and Support : Resellers are responsible for providing adequate training and support to their customers to ensure safe and effective use of the software on their machines. This may include training sessions on how to use the software, technical advice, and assistance in implementing the software on customers’ machines.
  3. Compliance with Laws and Regulations : Resellers are required to comply with all applicable laws and regulations relating to the use and distribution of the software on machinery. This may include industry-specific regulations, workplace safety regulations, and product liability laws.
  4. Limitation of Liability : Logica Srl declines all responsibility for direct or indirect damages arising from the use of the software on machinery by resellers or their customers. Resellers are responsible for any consequences arising from the use of the software on their customers’ machinery and must take the necessary measures to protect their customers from risks and damages.

Risks and Damages for Software Resellers (learn more)

Resellers who distribute or use Logica Srl software may be exposed to risks and harms similar to those of end users. It is important to understand the potential risks and harms resulting from the use of the software by resellers. Please consider the following points:

  1. Security Risk : Resellers may be exposed to security risks resulting from the use of the software, such as data security breaches or unauthorized access to customer information. It is important to take appropriate security measures to protect customer information and prevent any security breaches.
  2. Legal Liability : Resellers may be held liable for any damages or injuries caused by their customers’ use of the software. It is important to consult with a legal professional to fully understand the legal responsibilities of resellers and take appropriate steps to protect your interests.
  3. Translation or Localization Defects : If the software is translated or localized for international markets, translation or localization defects may occur that could adversely affect the user experience. Resellers should be aware of these risks and take steps to ensure the quality and accuracy of translations and localizations.
  4. Technical Support and Updates : Resellers may be required to provide technical support and updates to their customers to ensure the proper functioning of the software. It is important to establish clear procedures and policies for managing technical support and updates and communicate transparently with customers regarding these matters.
  1. Limitation of Liability : Logica Srl declines all responsibility for direct or indirect damages arising from the use of the software by resellers or their customers. Resellers use the software at their own risk and are responsible for any consequences arising from the use of the software.

13 APPLICABLE LAW AND DISPUTES

  • You are contracting with LOGICA SRL, located in Via Maestri del Lavoro, 8, 41037 Mirandola (MO). Italy. The laws of the State of ITALY govern the interpretation of these Terms and apply to claims for violation of these Terms, without regard to principles of conflict of laws. The parties expressly exclude from application of these Terms the Convention of the Italian State for the International Sale of Goods, Licensed Software. All other claims, including those relating to consumer protection laws, unfair competition laws and torts, will be subject, only to the extent required by applicable law, to the laws of your state of residence in Italy or, if you live outside of Italy, the laws of the country in which you reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the Italian state courts, for all disputes arising out of or relating to these Terms.
  • Without prejudice to any rights of LOGICA Srl provided herein or otherwise, in the event of a dispute, the parties shall first use commercially reasonable efforts to resolve such dispute amicably. If amicable resolution is unsuccessful, all claims asserted against LOGICA Srl shall be resolved in accordance with the following: All claims asserted against LOGICA Srl shall be resolved in accordance with this Section. All claims asserted or brought inconsistently with this Section shall be deemed improperly brought. In the event you assert a claim contrary to this Section, LOGICA Srl shall be entitled to recover attorneys’ fees and costs up to EURO 4,000, provided that LOGICA Srl has notified you in writing of the improperly filed claim and you have failed to timely withdraw the claim.
    • Any claim or cause of action arising out of or related to use of the Services or Software or these Terms must be filed within 1 year after such claim or cause of action arose regardless of any statute or law to the contrary. In the event such claim or cause of action is not filed within such 1-year period, such claim or cause of action shall be forever barred.
  • For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than €10,000, the parties will resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The party seeking relief shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must abide by the following rules: (a) the arbitration will be conducted by telephone, online and/or based solely on written submissions, the specific manner of which will be chosen by the party initiating the arbitration; (b) all aspects of the arbitration will be conducted in the Italian language; (c) the arbitration will not involve any personal appearance by the parties or witnesses, unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.

14 TECHNICAL AND CUSTOMER SUPPORT

  • Subject to any other provisions of these Terms, LOGICA Srl will attempt to assist you with any questions or problems you may have. To contact our customer support team, please email us at service@logicainnovation.com.