Last updated: July 31, 2023

I. PREMISES AND DEFINITIONS

Premises
1. The general conditions of use of the Nibol Platform (“Terms of Use”) apply only to software named “NIBOL” today operating in the cloud through the nibol.com domain and the related App (“Nibol platform”).
2. Nibol s.r.l. (VAT IT 10683870967) with registered office in Via A. Campanini 4, 20124 Milan (MI), PEC: [email protected], is the sole owner of the intellectual property rights and of any other further right that can be classified differently on the Nibol Platform.
3. These Terms of Use set out the terms and conditions of use of the Nibol Platform, which we invite you to read carefully before using the Nibol Platform.
4. Following registration on the Nibol Platform and acceptance via "point & click” of these Terms of Use, you accept each part of them and undertake to respect the terms.
Definitions
1. For the purpose of a complete understanding and acceptance of these Terms of Use, the definitions attributed to the main terms that are used in this document, both in the singular and in the plural, are given below:
  1. “Announcement": means the Host Space, published by the Host User through the Nibol Platform;
  2. “Promoted announcement": means the description/presentation of a visible Promoted Venue, che Nibol may decide to publish and make visible through the Nibol Platform based on a report received from a User Individual or by a Smartworker User;
  3. “App": means the application service for mobile devices, tablets and other devices and the interfaces of the application programs for the use of the Services;
  4. “Terms of Use": means these terms and conditions of membership and use of services of the Nibol Platform by Users;
  5. “Content”: means any text or multimedia element present on the Nibol Platform, including, but not limited to, announcements, descriptions, reviews, documents, texts, software, scripts, codes, drawings, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general graphics and other content;
  6. “Contract": means the contract concluded between Nibol and the User on the basis of these Terms of Use;
  7. “Nibol fee”: means the amount of the Commission and (as defined in clause 14.1) due to Nibol by the Host User, as consideration for the use of the Services and any further consideration should be provided by Nibol for additional Services intended for Users;
  8. “Booking fee": means the hourly rate that the UserSmartworker or Individual User must be paid to the Host User as consideration for the use of the Host Space subject to the Reservation. Unless otherwise indicated on the Nibol Platform, the Booking Fee is inclusive of VAT and all other taxes (subject to the currency exchange of such taxes) and penalties, as well as Commissions and any applicable expenses, such as those for cleaning and any security deposit;
  9. “Privacy disclaimer": means the communication with which the Data Controller informs the interested party of the processing of personal data carried out, according to articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR");
  10. “Nibol”: means Nibol S.r.l., with registered office in Via A. Campanini 4, Milan, Italy - VAT number: IT10683870967, e-mail address: [email protected], PEC address: [email protected], which manages the Nibol Platform ;
  11. “Nibol platform": means the platform, including the Website, the mobile site and the App which connects the Users interested in receiving the Services;
  12. “Reservation": means the request for use of a Space formulated via the Nibol Platform, by a UserSmartworker or by an Individual User according to an Advertisement;
  13. “Responsible for the treatment": indicates the natural person, legal person, public administration or body that processes personal data on behalf of the Data Controller, according to art. 4, par. 1, no. 8 GDPR;
  14. “Services": means the access, membership and use services of the Nibol Platform intended for Users;
  15. “Website”: means the website https://www.nibol.com, including all related subdomains and any other website through which Nibol makes the Services available;
  16. “Host space”: means indifferently a Shared Space, a Private Space, or a SpaceHot Desk;
  17. “SpaceHot Desk": means a workstation managed by a Host User located within an office or co-working space;
  18. “Shared Space": means a workstation managed by a Host User, located within common areas such as, for example, bars, cafes, restaurants, etc.;
  19. “Private Space": means a workstation managed by a Host User, located within a private space such as, for example, an apartment or a meeting room;
  20. “Data Controller": means the natural or legal person, public authority, service or other body which, individually or together with others, determines the purposes and means of processing personal data pursuant to art. 4. par. 1, no. 7 GDPR;
  21. “User”: means any natural person user of the Nibol Platform;
  22. “Individual user”: means a User (such as a freelance worker or a student), registered on the Nibol Platform, holder of his own account;
  23. “UserSmartworker”: means a User employed by a Nibol client company (that has activated the service that allows its employees to work even from premises outside the company, the so-called “Servizio Spaces on Demand”) or authorized to work remotely, registered on the Nibol Platform or, owner of his own account connected to a company (owner of a "Account Business”);
  24. “Host user": means the User registered on the Nibol Platform, holder of his own account, who supplies and manages one or more Host Spaces;
  25. “Guest user": means the unregistered User who can browse the Nibol Platform, viewing some Contents and Ads;
  26. “Assessment": means the evaluation system of the quality of the Host Spaces and the services offered therein expressed by the User who booked the Space subject to evaluation. The evaluation system is based on the assignment of a number of stars (from 1 to 5), where the fifth star indicates the highest quality range. There is no public text evaluation.

II. NIBOL PLATFORM, SERVICES AND CONTENT

Purpose of the Nibol Platform
1. The Marketplace Platform allows:
  1. all’UserIt is Host to offer, promote, advertise and make their Host Spaces available through the publication of Announcements;
  2. all’UserIt is Smartworker and all'User Individual to make Reservations and to suggest any Promoted Venues;
  3. Guest Users to discover, search and compare Listings.
2. The Individual User and the Host User can belong, simultaneously, to both categories of User and, at any time, change the type of user to which it belongs (this means that a UserIndividual can also be or become a Host User and vice versa).
3. As an operator of the Nibol Platform, Nibol does not own, sell, resell, check it out, manage, offer, rent or provide the Spaces and Related Announcements.
Nibol's obligations and rights relating to the Nibol Platform
1. Nibol is committed to providing Users access to the Nibol Platform and related applications.
2. Nibol undertakes to keep the Nibol Platform up-to-date and functional, except for necessary interruptions due to maintenance, updating, or any other technical reason. Maintenance interventions that may prevent connection to the Nibol Platform will be promptly communicated by Nibol, except in the case in which interventions are necessary which, due to their particular urgency, do not allow the aforementioned notice to be given.
3. As technical-operational manager, Nibol reserves the right to modify, suspend or interrupt, at any time, the functioning of the Nibol Platform and/or all or part of the Services and related functions, giving, where possible, adequate notice to Users.
4. In the same capacity as above, Nibol reserves the right to remotely access the Nibol Platform to provide technical support to the User and if necessary to change the settings of the Nibol Platform.
5. Nibol also reserves the right to modify and/or redesign, at its sole discretion, at any time even after the User's registration, all or part of the Nibol Platform, including the Contents, their organization, the graphical interface, as well as the format, layout, characters and any other element (technical, graphic, etc.), as well as to improve and optimize the use of the Services, including by introducing new ones. Nibol will notify Users of any changes to the Nibol Platform.
Nibol Platform Services
1. The Services differ according to the type of User, as indicated in the following paragraphs.
2. Guest Users can:
  1. Navigate the Nibol platform;
  2. View the Host Spaces and related information;
  3. Check the availability and costs of the Host Spaces.
3. The Individual User, in addition to being able to use the services intended for Guest Users, can, moreover:
  1. Make a reservation;
  2. Save your favorite Host Space;
  3. See Users who book Host Spaces (if the User who made the reservation allows it);
  4. Suggest Promoted Premises in Nibol;
  5. Create and publish, on the Nibol Platform, a personal web page accessible from a dedicated website.
4. The Smartworker User, in addition to being able to use the services intended for Guest Users, can, among other things:
  1. Make a reservation;
  2. See the other Smartworker Users belonging to the same company (colleagues) who book the Host Spaces (if the company has decided to activate this feature through the Platform);
  3. suggest Promoted Premises in Nibol
5. Host Users can, inter alia, manage and make the Host Spaces available to other Users;
Contents and industrial property rights
1. Contents and industrial property rights relating to the Nibol Platform
  1. All content of the Nibol Platform, including the trademarks and trade names, trade names, images, logos, as well as the graphical interface and organization of the Nibol Platform itself and any other content relating to the Nibol Platform, are the property of Nibol or third parties from whom Nibol has obtained the license for the contents, and are protected by the laws in force regarding industrial and intellectual property rights and other laws. Nibol reserves all rights not expressly described in these Terms of Use.
  2. By accessing or using the Nibol Platform, the User will not acquire any license or ownership right over the Contents, including trademarks, trade names, logos or other industrial and intellectual property rights, except as indicated below.
  3. Subject to User's compliance with the Terms of Use and all applicable legal provisions, Nibol grants Users a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable license to: (i) download and use the App and the Nibol Platform on your personal device and (ii) access and view the Contents of the Nibol Platform, solely for the purpose for which they are intended and only for the time such Contents are normally made available to the public by Nibol. Nibol reserves the right to monitor the User's use of the Contents and to modify or revoke the license granted at any time and for any reason, prohibiting any further access to the Contents. The User is authorized to view and use the Contents, within the limits of the foregoing, exclusively for personal, non-commercial use.
  4. Nibol's consent to use Content relating to the Nibol Platform does not constitute a waiver of any of Nibol's rights in the Content.
  5. Other than the specific usage rights granted by Nibol in relation to the Nibol Platform, the User undertakes not to use, copy, modify, reverse engineer, translate, display, distribute, download, transmit, sell, create derivative works or exploit otherwise Content, including User Content (unless it is Content lawfully posted by User), without Nibol's prior written consent.
  6. Unauthorized use of the Contents may constitute an infringement of copyright, trademark or other rights protected by intellectual property laws and may lead to the provision of criminal or civil penalties for the User.
2. Content published by users and related industrial property rights
  1. Through the Nibol Platform, the User may create, upload, publish, send and receive Content, including advertisements and ratings ("User Content”) you or its creator owns User Content. However, upon posting, User Content is licensed to Nibol as outlined in clause 6.2.2 below. The User therefore represents and warrants that he owns or has all necessary rights (including intellectual property rights) to such content, including the right to grant the license, as set out below.
  2. You grant Nibol a worldwide, non-exclusive, non-revocable, royalty-free, perpetual, sublicensable, transferable, and worldwide license to any User Content (including images of individuals appearing in such content, or any concepts or idea contained therein) published, in any way or form, on the Nibol Platform or linked to the Nibol Platform. Nibol may therefore, directly or through third parties, use, use, memorize, copy, modify, extract, distribute, publish, disseminate and exploit, in any form, the User Content for its own commercial uses, including the purpose of providing and/or o promote the Nibol Platform in any way and on any means and platform, known or unknown at the time of use and in particular on the Internet and on social networks, within the limits established by the Privacy Policy. User Content will not be returned and Nibol will not be liable to users for the loss, modification or destruction of any transmitted content.
  3. The User undertakes not to share through the Nibol Platform any Content that: (i) is fraudulent, false, misleading (either directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm to any group or individual; (iv) is violent or threatening, or promotes violence or threatening actions to any person or animal; (v) promotes illegal or harmful activities or substances or (vi) is, for any reason, illegal.
  4. Nibol does not moderate User Content through the Nibol Platform and reserves the right to remove User Content at any time in its sole discretion. The deleted User Content may remain in Nibol's systems and on the Nibol Platform to the extent that the User Content has been made public or shared with others who have not deleted it, unless the User or the affected person request the deletion of personal data in accordance with applicable law.
  5. The User is fully and exclusively responsible for the use of the Nibol Platform as regards, among other things, the functions of publication, consultation, management and use of the User Contents, the functions of contact with other Users, as well as for regarding the information provided to Nibol in relation to a Promoted Locale, and is, therefore, the only guarantor and responsible for the correctness, completeness and legality of such contents and of its own behavior.
  6. In the event of a dispute by a third party regarding the User Content and/or the User's conduct through the Nibol Platform, the User assumes full responsibility and undertakes to indemnify and hold Nibol harmless from any damage, loss or expense and/or claim that may arise in this regard and/or from the violation of the provisions of this clause 6. In any case, Nibol reserves the right to modify and/or remove User Content, including those published through the Evaluations and, in general, on the Public Profile, as defined below.
3. Evaluations
  1. The User explicitly authorizes Nibol to publish the Evaluations on the Nibol Platform, which exclusively expresses the opinions of the Users and not the opinion of Nibol.
  2. Users undertake to publish accurate, truthful and complete Evaluations. Nibol does not verify their contents and assumes no responsibility in relation to them and the effects caused by the publication of these Evaluations.
4. Advertising on the Nibol Platform and links to third party websites
  1. Nibol reserves the right, at its sole discretion, to place advertisements on the Nibol Platform that are compatible with the activity carried out and which comply with the obligations set out in the Agreement.
  2. The Nibol Platform may also contain links to third party websites or resources ("Third Party ServicesSuch Third Party Services may be subject to different terms and conditions and different data protection practices. Nibol is not responsible for the availability or accuracy of such Third Party Services or the content, products or services available through such Third Party Services. Third Party Services Links to such third party services do not constitute an endorsement by Nibol of such services.

III. CREATION OF ACCOUNTS, TERMINATION OF USER AGREEMENT, SUSPENSION AND CANCELLATION OF ACCOUNT

Registration and membership on the Nibol Platform
1. To take advantage of the functions and services of the Nibol Platform, each Individual User must register on the platform itself, by creating their own account. The Smartworker User will have access to the Services of the Nibol Platform and therefore will be able to make Reservations without the need to register personally on the Platform but only because the company to which he belongs, holder of a Business Account, will have activated the Spaces on Demand Service.The User guarantees that all data provided during the registration procedure are and will always be true, accurate and complete and undertakes to keep them always updated, relieving Nibol from any claim and/or damage that may derive from the violation of this clause 7.2.
2. The User is responsible for conserving and keeping confidential their access credentials which are intended as personal and must be used exclusively by the User. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform Nibol if he suspects or becomes aware of their improper use or undue disclosure.
3. It is forbidden to create multiple accounts for a single User and it is forbidden to assign or transfer one's account.
4. Each User is solely responsible for the activities carried out by him within his account, unless such activities were carried out without the User's authorization.
5. All Users who intend to access and join the Nibol Platform are required to read the Terms of Use carefully, save or print them for future consultation.
6. Upon first access to the Platform, Users must necessarily accept by "point and click” these Terms of Use of the Nibol Platform and the Privacy Policy. By accepting via "point and click”, the User declares to have read and understood, and therefore to expressly approve, all the clauses contained in the Terms of Use, accepting with the successful registration on the Platform, confirmed by communication via email, to be contractually bound. All Smartworker User will be asked to accept these Terms of Use before making a Reservation.
7. The use of the Nibol Platform and related Services by the User is subject to full compliance with the Terms of Use and/or any other note, legal notice, information published or referred to on the Nibol Platform itself.
Account Suspension and Cancellation
1. In the event of violation of one or more provisions of these Terms of Use and/or of the applicable legal provisions and/or of the obligations assumed, Nibol reserves the right to suspend or close and cancel the Account at any time and without notice. The suspension will be communicated via e-mail and is intended to identify and resolve the problems that caused it. The suspension will cease when, in the unquestionable judgment of Nibol, these problems can be considered resolved. In the absence of a solution to the problem that has arisen, Nibol will be entitled to terminate the contract.
2. During the suspension, the Users will not be able to use the Services and, in this regard, expressly declare and guarantee that they will not in any way hold Nibol responsible for any damage that may arise to the Users following the suspension of the account and that, consequently, will not take any action (not even for compensation) against Nibol, which they renounce as of now.
3. The User expressly declares and guarantees that he will not hold Nibol, in any way, responsible for any damages, including lost earnings, out-of-pocket expenses, lost earnings, consequential damage, loss of chance, which may arise due to the suspension and/or closure and cancellation of the User's account and that, consequently, will not proceed, in any way, to request such damages, renouncing as of now any related action.

IV. PUBLICATION OF ADVERTISEMENTS AND RESERVATION OF SPACES

Announcements and related publication
1. Host Users are solely responsible for their Advertisements and their respective Spaces and undertake to publish Advertisements that comply with these Terms of Use, in particular, but not limited to, as regards the contents.
2. Nibol, based on the recommendation of an Indivi Userdual or a Smartworker User, may, in its sole discretion, post Local Promoted Ads. In any event, Nibol makes no warranties as to the content of such Local Promoted Ads and, accordingly, can not be held responsible in any way for the content of such ads.The Individual User and the Smartworker Userare solely responsible for the information provided to Nibol in connection with a Promoted Venue.
3. It is expressly forbidden, unless explicitly authorized by Nibol: (i) the use of automatic systems for uploading Advertisements, except those expressly authorized and (ii) the serial publication and/or management of Advertisements on behalf of third parties by any means or mode.
Reservation of Host Spaces
1. The Announcement is valid as a contractual proposal. Whenever a User Individual or User Smartworker makes a Host Space Reservation by stopping the offer made through an Advertisement, the Individual User or the Smartworker User enters into a contract directly with the Host User ("Agreement"), with respect to which Nibol is not involved.
2. The User's Reservation is instantaneous and to be considered confirmed. Once the Reservation has been made, the Host User will be able to receive a confirmation notification via the Nibol Platform, only if he has enabled this function in the settings of accounts.
3. The Host User is and remains solely and exclusively responsible for the conclusion and execution of the Agreement, Nibol remaining a third party and exempt from any liability deriving from the conclusion, termination and/or execution or non-execution of the Agreement.
4. If the Individual User and the Smartworker User make the Reservation for additional guests, said User is required to ensure that each additional guest meets the requirements established by the Host User and is made aware of these Terms of Use and all terms, conditions, rules and restrictions established by the Host User, including through the Agreement. If the additional guest is a minor, the Individual User or l'Smartworker user you represent and warrant that you are legally authorized to act on behalf of the minor. In any case, minors are admitted to the Spaces only if accompanied by an adult who assumes responsibility for them.
5. Against the Reservation, the User Individualor the Smartworker User acquires the right to access, occupy and use, even if not continuously, the Host Space for the period of time indicated in the Booking ("Duration of the Reservation”) and for the purposes indicated in these Terms of Use. For the Duration of the Reservation, the Host User retains the right to access the Space, within the limits permitted by the applicable law and according to what may be provided for by the Agreement.
6. Once the Reservation has been made, the Individual User or l'User Smartworker will receive a Booking confirmation communication via email or by viewing a confirmation web page, which will contain the details of the Booking such as, among others, the date of the Booking, the Duration of the Booking, the User's data, the description of the Space and, where applicable, the Booking Fee.
7. The Individual User or the smartworker user, who made the Reservation, undertakes to leave the Space by the check-out time indicated in the Reservation, unless otherwise agreed with the Advertisement owner. Without the consent of the Host User, the Individual User or the Smartworker user is not authorized to remain in the Space beyond the Duration of the Reservation and the UserHost will have the right to cause the User to leave the Space in accordance with applicable law.
Changes and cancellation of reservations - Refunds
1. Changes and cancellations
  1. The Individual User or the Smartworker user can modify or cancel a Reservation at any time by accessing the Nibol Platform and following the appropriate procedure. If the modification and/or cancellation are no longer possible as they were requested close to the start time of the Reservation, the User will be shown Smartworker or Individual User a specific message, very much or as provided in the following clause 11.1.3.
  2. Under certain circumstances, Nibol may cancel a Reservation request or a Reservation on behalf of an Individual User or a UserSmartworker. In this case, Nibol will send a notification message to the affected Users providing the reasons for the said measure, unless the notification message is likely to: (i) prevent or hinder the detection or prevention of fraud or other illicit, (ii) damage the legitimate interests of other Users or third parties; or (iii) violate applicable laws.
  3. No Booking Fee will be charged by the User if the Booking is canceled within 4 hours of the Booking start time.

V. OBLIGATIONS OF INDIVIDUAL AND SMARTWORKER USERS

Obligations and duties of Individual and Smartworker Users
1. The userSmartworker in case of use of the Nibol Platform, it undertakes to:
  1. reserve the Spaces only with an effective intention to use said Spaces personally and for the purposes permitted by these Terms of Use;