Last update: July 31, 2023

I. PREMISES AND DEFINITIONS

Premises
1. The general conditions of use of the Nibol Platform (“Terms of Use”) apply exclusively to the software called “NIBOL” today operating in the cloud through the domainnibol.com and the related App (“Nibol Platform”).
2. Nibol s.r.l. (P.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 any other further otherwise qualifying rights 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 through "point & click” of these Terms of Use, you accept each part and undertake to respect and understand the terms.
Definitions
1. For a complete understanding and acceptance of these Terms of Use, the following are reported or below the definitions attributed to the main terms that are used in this document, both in the singular and in the plural:
  1. “Account Business": account on the Nibol Platform owned by a company, organization, or other legal person for managing reservations for Company Spaces and/or Coworking Spaces by its employees and generally for using the Services of the Nibol platform.
  2. “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;
  3. “Terms of Use”: means these terms and conditions of membership and use of the Nibol Platform by Users;
  4. “Terms of Service": means the conditions of service of the Nibol Platform between Nibol and the company, organization or other legal entity represented by the Legal Admin User;
  5. “Terms of Use and Service Nibol – Marketplace”: means the terms and conditions of membership and use of the Nibol Platform that the User must accept in the case of Booking a Coworking Space;
  6. “Content”: means any text or multimedia element on the Nibol Platform, including, without limitation, advertisements, descriptions, reviews, documents, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, features interactive, articles, news, sketches, animations, stickers, general graphics and other content means any text or multimedia element present on the Nibol Platform,
  7. “User Content”: means any text or multimedia element uploaded by the User to the Nibol Platform, including, by way of example, descriptions of the spaces, descriptions of the spaces and services present in the spaces, the map of the building and in general documents, texts, graphic elements in general.
  8. “Contract": means the contract concluded between Nibol and the User on the basis of these Terms of Use;
  9. “Data Processing Addendum”: means the contract that governs the processing of personal data by Nibol in the provision of the Services according to the Terms of Service;
  10. “Privacy disclaimer": means the communication with whichNibol informs Users of the processing of personal data carried out, according to articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR");
  11. “Moduls”: sections of the Nibol Platform that can be managed by Admin following the creation of a Business Account;
  12. “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 ;
  13. “Nibol platform”: means the platform, including the Website, the mobile site, and the App, which Users can access following the creation of the Business Account;
  14. “Reservation”: means the reservation in a Company Space or a Spazio Coworking by a User;
  15. “Role": means the attribution to Users of additional rights, powers or faculties to the basic function of booking Company Spaces or Coworking Spaces;
  16. “Services”: means the services of the Nibol Platform of which they can use the Users;
  17. “Servizio Spaces on Demand": service that allows the Customer to make available to their employees (Users) even workstations in Coworking Spaces;
  18. “Website”: means the website www.nibol.com, including all related subdomains and any other website through which Nibol makes the Services available;
  19. “Corporate space": means a workstation or other space managed by the company that owns a Business Account, which can be booked by Users;
  20. “Coworking space": means a workstation outside the premises of the Client company or, in any case, managed by third parties, which can be booked by Users;
  21. “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.
  22. “User”: means any individual user who has an account on the Nibol Platform;
  23. “User Legal Admin": means a subject natural person who - on behalf of a company, organization or other legal entity - has the rights, powers and faculties to bind the legal entity it represents to the Terms of Service of the Nibol Platform;
  24. “UserAdmin": means a User who has the powers to set the functions of the Nibol Platform and manage the accounts of other Users;
  25. “Visitor": non-employee and external persons of the company owning an Account Business, which Users can invite to Company Spaces and/or Coworking Spaces via the Nibol Platform.

II. NIBOL PLATFORM, SERVICES AND CONTENT

Purpose of the Nibol Platform
1. The purpose of the Nibol Platform is to allow companies that hold a Business Accountess to manage Company Spaces, to make Company Spaces and/or Coworking Spaces available to its employees (Users) and in general to allow the use of connected Services.
2. Through the Platform, it is possible to create different types of users to which a certain Role corresponds (such as, for example, Users "Admin”, “Delivery Manager" or “Employee”). Only the Admin User has the power to assign a Role to Users.
Nibol's obligations and rights relating to the Nibol Platform
1. Nibol undertakes to provide Users access to the Nibol Platform and any other 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 Piattaforma Nibol.
Nibol Platform Services
1. Following the creaction of the Business Account, the Admin User can, through the Nibol Platform, among others:
  1. Set up and manage the functionality of the Nibol Platform Modules,
  2. Invite employees of the company he represents to register on the Nibol Platform as Users;
  3. Manage and make the Company Spaces available to Users;
  4. Allow Users to book Coworking Spaces (if the company has activated the Spaces on Demand Service under the terms indicated in the Terms of Service);
  5. Set up business and billing information;
  6. Deactivate User accounts.
2. Users, following an invitation to connect to the Nibol Platformreceivedby the Admin User, through Nibol, can, among others, view and book seats in the Company Spaces and/or Coworking Spaces and use the Services that are available to the company that owns the Business Account.
3. As the operator of the Nibol Platform, Nibol does not own, create, sell, resell, make available, control, manage, offer, lease or provide the Corporate Spaces or Coworking Spaces.
4. Nibol offers Services based on various subscription plans (“Subscription”) to meet the different needs of its customers, in the terms established by the Terms of Service (“Office Management Offer").
5. In addition to the Office Management Offer, Nibol also offers the Spaces on Demand Service (“Spaces on Demand Offer”), which can be activated in addition to the Office Management Offer or individually. The Office Management Offer is sent to the company at the end of the Trial Period. The Spaces on Demand Offer can instead be activated through the Platform.
Contents and industrial property rights
1. Contents and industrial property rights of Nibol 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 as long as such Contents usually are 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 Content may constitute an infringement of copyright, trademark or other rights protected by intellectual property laws and may result in criminal or civil penalties for the User.
2. Contents and industrial property rights of the User
  1. You grant Nibol a non-exclusive, non-revocable, royalty-free, perpetual, sub-licensable, transferable, globally valid license to any User Content (including images or any concepts or ideas contained therein) posted, in any way or form on the Nibol Platform or linked to the Nibol Platform. User Content will not be returned and Nibol will not be liable to users for the loss, modification or destruction of any transmitted content.
  2. 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.
  3. 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 requests the deletion of personal data in accordance with applicable law.
  4. 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.
  5. 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 6.2.5. In any case, Nibol reserves the right to modify and/or remove the Contents of the user.
3. Advertising on the Nibol Platform and links to third-party websites
  1. No. AlsoNibol 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 us of Nibol of such services.

III. CREATION OF ACCOUNTS, CONCLUSION OF AGREEMENT WITH USERS AND RESERVATION OF SPACES

Creation of the Business Account
1. To take advantage of the functions and services of the Nibol Platform, the first User must connect to the address www.nibol.com and register on the platform itself by creating an account in accordance with the provisions of the following art. 8.
2. This first User will subsequently be asked to create the Business Account, entering the data relating to the company for which the account creation is requested. Once the Business Account has been created, a free trial period will be activated for fourteen (14) days (“Trial period”).
3. At the end of the trial period, Nibol will send the Office Management Offer to the company that owns the Business Account. Once the Offer(s) has been accepted, the Legal Admin User will have to sign the Terms of Service, which incorporate the Data Processing Addendum (together, the "Services Agreement"), in order to activate the Subscription.
4. The Legal Admin User who signs the Services Agreement declares and guarantees that he has the authority to legally bind the legal entity on behalf of which he acts and to grant Nibol all the authorizations and licenses provided for in these Terms of Use.
Registration and membership on the Nibol Platform
1. To take advantage of the functions and Services of the Nibol Platform, each User must register on the platform itself by creating your account.
2. The User guarantees that all the 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 violating this clause 8.2.
3. 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.
4. It is forbidden to create multiple accounts for a single User and it is forbidden to assign or transfer one's account.
5. 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.
6. All Users who intend to access and join the Nibol Platform must read the Terms of Use carefully and save or print them for future consultation.
7. 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.
8. 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 notice, legal notice, information posted or referenced on the Nibol Platform itself.
Suspension and Cancellation of Business Account
1. In case of violation of one or more provisions of these Terms of Use and/or inapplicable legal positions and/or obligations assumed Nibol reserves the right to suspend or close and cancel the Business 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, do not undertake year any action (not even for damages) against Nibol, to which they give up by now.
3. The User expressly represents and warrants that will not hold Nibol, in any way, liable for any damages, including lost earnings, out-of-pocket expenses, lost earnings, consequential damage, loss of chance, which may derive from the suspension and/or closure and cancellation of the User's account and which , consequently, will not proceed, in any way, to claim such damages, renouncing as of now any related action.
4. The user Admin has the power to suspend and cancel his own account and that of each individual User.
Space reservation
1. Booking Corporate Spaces
  1. The user can book a Corporate Space, through the appropriate section of the Nibol Platform.
  2. The User's Reservation is instantaneous and to be considered confirmed. Once the Reservation has been made, the User will be able to receive a confirmation notification via the Nibol Platform, only if he has enabled this function in the account settings, containing the details of the Reservation, such as, among others, the date of the Reservation, the Duration of the Reservation, User data, Space description.
  3. Nibol is unrelated to the employment relationship between the company and the User. Nibol is exempt from any liability relating to and/or deriving from said relationship and/or from the Booking.
  4. With the Reservation, the User acquires the right to access, occupy and use, even if not continuously, the Space for the period indicated in the Reservation and for the purposes indicated in these Terms of Use.
  5. Said Reservation will not be subject to any payment for the User, as the Reservation of Company Spaces is a Service that Nibol supplies to the company based on the Services Contract.
2. Booking Coworking Spaces
  1. The User can book a Coworking Space through the Platform, if the company has decided to activate the Spaces on Demand Service. If the company has decided to assign a budget to the User ("Credit”) for the Reservation in these spaces, the User can book the location using the Credit assigned and pay the cost for the reservation using the payment method established by the Customer; otherwise, Users will be able to book the Coworking Spaces using their own payment method.
  2. Before making the Reservation, the User must accept the Nibol – Marketplace Terms of Use and Service.
  3. The User's Reservation is instantaneous and to be considered confirmed. Once the Reservation has been made, the User will be able to receive a confirmation notification via the Nibol Platform, only if he has enabled this function in the account settings, containing the details of the Reservation such as, among others, the date of the Reservation, the Duration of the Reservation, User data, Space description.
  4. Nibol is unrelated to the contract between the User and the manager of the Coworking Space and is, Nibol, exempt from any liability inherent and/or deriving from said relationship and/or from the Booking.
  5. With the Booking, the User acquires the right to access, occupy and use, even if not continuously, the Space for the period of time indicated in the Booking and for the purposes indicated in the Nibol – Marketplace Terms of Use and Service .
  6. Said Reservation will be subject to any Reservation cost indicated in the announcement of the Coworking Space that the User can pay by Credit and with the payment method established by the company.

IV. GENERAL PROVISIONS

Privacy
1. In relation to the processing of personal data carried out by Nibol asà of Data Controller through the Nibol Platform, please refer to the provisions of the Privacy Policy, which can be consulted on the sitewww.nibol.com/privacy-policy, which is an integral part of these Terms of Use.
Assignment of the contract
1. Users may not in any way or form transfer the Contract to third parties, even partially, without the written consent of Nibol.
2. Nibol expressly reserves the right to transfer, for consideration or free of charge, in whole or in part, the Nibol Platform to third parties or grant them any right connected to the Nibol Platform itself.
3. If Nibol intends, at its sole discretion, to make use of the option referred to in the previous point, it will notify the Users by publishing it in the appropriate section of the Nibol Platform.
Warranty Disclaimer
1. The Nibol Platform, including the Contents, is provided "AS IS" ("as is") and Nibol makes no express or implied warranties concerning the Nibol Platform, its accuracy, adequacy, usefulness, or reliability.
2. Nibol has no control and does not guarantee the correctness or accuracy of the User Contents nor the fulfillment of the obligations incumbent on the Users or the compliance of the Users' conduct with the current provisions of the law.
Nibol disclaimer
1. In no event shall Nibol be held liable for direct or indirect, incidental or consequential damages, such as - by way of example and not limited to - loss of earnings, loss of business and/or commercial opportunities deriving from the use of, or from inability to use the Nibol Platform or arising out of the performance of the Services or the conduct of other Users (online or offline), any User Content or any other activity relating to the use of the Nibol Platform, even if Nibol has been advised of the possibility of such damages.
2. In no case can Nibol be held responsible for damages deriving from the malfunctioning of the Nibol Platform, directly or indirectly, attributable to the conduct or omissions of the hosting provider and/or in the case of errors, omissions and inaccuracies in the data transmitted, not even in the event of interruptions, suspensions, delays and anomalies in the management of the Nibol Platform, even if deriving from technical problems, unless they are directly and immediately attributable to a malicious or grossly negligent behavior by Nibol.
3. In no case can Nibol be held responsible for the fulfillment of the obligations arising from the employment relationships between the company that holds a Business Account and the Users.
4. In no case can Nibol be held responsible for the usability and use of the Spaces by Users, as Nibol cannot, therefore, be considered responsible for, by way of example but not limited to, interruptions and/or inconveniences in the Internet connection offered at the Spaces and/or for damage caused by the User to the Spaces and/or to goods and/or people present in the Spaces.
5. Users undertake to indemnify and hold Nibol harmless from any claim and/or damage that may arise, even out-of-court, from such conduct or, in any case, as a consequence of using the Nibol Platform and/or any of its applications.
6. The provisions of this art. 14) are not intended to limit Nibol's liability in violation of applicable national legislation nor to exclude it in cases where it cannot be under such legislation.