A4ManagementTools

Terms of Service

This policy is effective as of 1st August 2024

1. Introduction

The Terms of Service are accessible at: [https://www.A4ManagementTools.com/Terms_of_Service/] . Welcome to the website ("Site") of A4ManagementTools ("A4ManagementTools") and to the terms of service ("Terms"). These Terms cover the use and access to products, subscriptions, services, documents, software, the platform, and websites (collectively, "Ser vices") provided by A4ManagementTools itself, Marco Cerulli Consulting, and any of our affiliates/partners. The Services may be offered in various packages, as standalone products, or a s bundled services, but must comply with these Terms. These Terms constitute a legal agreement between you and A4ManagementTools. By using our Services, you agree to be bound by t hese Terms, as well as our privacy policy ("Privacy Policy") and cookie policy ("Cookie Policy"). If you are using our Services as an employee or agent of an organization, you agree to these Terms on behalf of that organiza tion. Please read these Terms carefully. These Terms, the privacy policy, and other applicable terms constitute the "agreement" between you, A4ManagementTools, and it s owner. By accepting these Terms, you confirm that you have read and understood all the provisions contained in the agreement. You must accept and adhere to these Terms as presented; modifications, additions, or deletions are not acceptable, and A4ManagementTools may deny access to part or all of the Servic es if the Terms are not complied with. These Terms affect your legal rights and duties. If you do not agree to be bound by these Terms, do not use the Services. We conduct periodic checks to ensure that links to our privacy and cookie policies are always up - to - date and functional. If you encounter any issues, please contact us immediately.

2. License

A4ManagementTools grants you a worldwide (non - exclusive and non - transferable) right to use the Services included in your subscription package ("Subscription") during the time period for which you have made the purchase and, for subscriptions, while your su bscription is active (collectively, the "Subscription Terms"), subject to these Terms. This license allows you to access, download, use, and modify the forms include d in the Subscription for personal use.

You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or make the Services or their content avail able to third parties; or (ii) modify, reproduce, reverse engineer, or create derivative works based on the Services, their content , or their source code, except for modifications to forms for personal use that comply with copyright laws. All rights not expressly granted are reserved by A4ManagementTools and its licensors.

3. Site Content, Copyright, and Trademarks

The A4ManagementTools site may contain content or services, including downloadable materials and resources ("Site Content"), protected by copyright, patent, trademark, trade secret, or other intellectual property rights and laws. All rights not expressly g ranted herein are reserved by A4ManagementTools.

4. Ownership

4.1. Copyright

You acknowledge that the A4ManagementTools site and the Site Content are protected by copyright, trademarks, trade secrets, p atents, or other intellectual property rights and that these global rights are valid and protected in all forms, media, and technol ogies existing or developed in the future. You agree to comply with all intellectual property laws and not to encumber any interest, nor claim any rights, in the A4ManagementTools s ite.

4.2. Limited License

You are granted a limited and non - sublicensable license to access and use the A4ManagementTools site and to electronically copy and print portions of A4ManagementTools materials solely for informational, non - commercial, and personal use. This license is su bject to these Terms and does not include:

Any resale or commercial use of the A4ManagementTools site;
The distribution, public performance, or public display of any part of the A4ManagementTools
The modification or creation of derivative works from the A4ManagementTools site;
The use of any data mining, robots, or similar data gathering methods;
The download of any part of the A4ManagementTools site, except as expressly permitted on the
Making any part of the A4ManagementTools site available via any timeshare, service bureau,
Using any manual or automated process to collect information from the A4ManagementTools
Any use of the A4ManagementTools site other than its intended purpose.

Nothing in these Terms shall be construed as conferring any license to intellectual property rights, by estoppel, implication , or otherwise. This License is revocable at any time.

5. Limited Download Permission

A4ManagementTools grants you permission to download, view, copy, and print A4ManagementTools site content solely for your personal, informational, and non - commercial use, provided that:

Notices of copyright and trademark provided are not altered or removed;
A4ManagementTools materials are not used on any other website or in a networked computer environment;
A4ManagementTools materials are not modified in any way, except for authorized modifications to downloadable forms for person al use. This permission terminates automatically without notice if you violate any provision of these Terms. Unauthorized use of the A4ManagementTools site may violate copyright laws, trademark laws, privacy and publicity laws, and communication regulations and la ws. A4ManagementTools does not grant any rights to its trademarks.

6. No Warranty

Neither A4ManagementTools nor the authors warrant that any form provided in the Services is suitable for a particular purpose or that any form included or referenced in the Services is accurate, reliable, complete, or timely. A4ManagementTools, all include d or referenced documents, and the Services offered online or live are for informational purposes only and should not be considered professional advice. Physical reactivation, proposed to user s for reactivation, can be performed after consultation and pres cription by a prescriptive authority and verification by a specialized doctor. Viewing videos and documents implies reading and accepting A4ManagementTools' Terms of Service. The author and employees cannot be held responsible for errors or omission s, nor for misuse and misunderstanding of the information provided on this platform, nor for damages or injuries to health, finances, or otherwise suffered by individuals or groups acting based on the information contained on this platform.

7. Notifications

The Services may generate reminders/notifications via email or SMS text messages related to deadlines and other important dat es. A4ManagementTools is not responsible for the failure to display or read the message or the inability to receive the message. Th e Services are provided to help you identify and meet important deadlines. Compliance with any deadlines, whether mentioned or communicated via email or SMS text messages, is alwa ys your responsibility.

8. Cloud Services

The Services include access to cloud storage services for online storage of content, file sharing, and processing of files, m aterials, data, text, audio, video, images, or other content (collectively, "Content"), hosted through the A4ManagementTools websit e and applications ("Cloud Services"). A4ManagementTools uses advanced security measures to protect user data. Regular backups and data recovery options are offered to ensure service cont inuity.

You may use the Cloud Services on a non - exclusive basis, strictly in compliance with these Terms and all applicable laws.

You acknowledge and agree that A4ManagementTools collaborates or may collaborate with third - party sub - providers (each a "Cloud Service Provider") of our choice to provide some or all of the Cloud Services in compliance with privacy and stipulated conditions.

Only you may use your Cloud Services. You must keep your account and passwords confidential and not authorize third parties t o access or use the Cloud Service on your behalf. Neither A4ManagementTools nor our Cloud Service Provider will be responsible for any loss or damage resulting from unauthorized use of your account. You must immediately notify A4ManagementTools of any unauthorized use of your account.

Except for the material we license to you, we do not claim ownership of any content transmitted, stored, or processed in your accounts. Moreover, we do not control, verify, or endorse the Content you and others make available on the Cloud Services. If you enable services that allow sharing Content with others, anyone you share Content with (including the public in some circumstances) may have access to your Content. You hereby grant A4ManagementTools and its contractors the right to transmit, use, and disclose the Content posted on the Clo ud Services as necessary to provide the Cloud Services, as otherwise permitted by these Terms or as described in the A4ManagementTo ols Privacy Policy. You represent and warrant that: (a) you have all the rights necessary for the Content to use the Cloud Services and grant the rights in this Cloud Storage Se rvices Section; and (b) the storage, use, or transmission of the Content does n ot violate any law or these Terms. You agree to: (a) be solely responsible for the nature, quality, and accuracy of the Content; (b) ensure that the Content (including storag e or transmission) complies with these Terms and all applicable laws, regulations, and rules; (c) promptly handle and resolve any n otices and complaints relating to the Content, including notices sent to you by anyone claiming that the Content violates third - party rights, such as removal notices under the Digital Millennium Copyright Act and any other notices; and (d) maintain appropr iate protection and backup copies of the Content, which may include using additional encryption technologies to protect the Content from unauthorized access. A4ManagementTools will not have any liability of any kind in the event of deletion, correction, destruction, damage, loss, or failure to store or encrypt any Content.

You must immediately notify A4ManagementTools in writing of any unauthorized use of: (a) any Content, (b) any account, or (c) the Cloud Services that you are aware of. In the event of unauthorized use by third parties who have obtained access through you, you will take all necessary measures to terminate such unauthorized use. You will provide A4ManagementTools with such cooperation and assistance related to any unauthorized use as required by A4ManagementTools.

A4ManagementTools reserves the right to limit the amount of Content you can store on the Cloud Services. Check your account settings for information on storage limits.

The Cloud Services are provided from Switzerland. By using and accessing the Cloud Services, you understand and consent to the storage and processing of Content and any other personal information in Switzerland. A4ManagementTools and our Cloud Service Provider reserve the right to store and process personal information outside of Switzerland (for example, to ensure business continuity in the event of a server incident in Switzerland) and will make reasonable commercial efforts to notify you of any changes in the processing location.

You must not use the Cloud Services to harm others or the Cloud Services themselves. For example, you must not use the Cloud Services to harm, threaten, or harass another person, organization, or A4ManagementTools and/or create a similar service or website. You must not: - Harm, disable, overload, or impair the Cloud Services (or any network connected to the Cloud Services); - Resell or redistribute the Cloud Services or any part thereof; - Use unauthorized means to modify, reroute, or access the Cloud Services or attempt to perform such activities; - Use any automated process or Cloud Services (such as a bot, spider, or periodic storage of information hosted by A4ManagementTools) to access or use the Cloud Services; - Modify, alter, tamper with, repair, or otherwise create derivative works from any software; - Reverse engineer, decompile, or disassemble the software used to provide or access the Cloud Services, including the software, or attempt to discover or recreate the source code used to provide or access the Cloud Services; - Use the Cloud Services in any way or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any user guide, or any other policy, instruction, or terms applicable to the Cloud Services available on the Cloud Services ("Policies"); - Sell, lend, rent, resell, lease, sublicense, or otherwise transfer all the rights granted to you regarding the Cloud Services to any third party; - Remove, obscure, or alter any proprietary rights notice related to the Cloud Services; - Access or use the Cloud Services improperly and in a manner designed to avoid incurring fees or exceeding any usage limits or quotas; - Use the Cloud Services in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control systems, real-time control systems, or other situations where the failure of the Cloud Services could result in death, personal injury, or physical, material, or environmental damage; - Use the Cloud Services to: (i) engage in illegal or fraudulent activities or perpetuate deception or engage in phishing or similar data manipulation schemes; (ii) send unsolicited or unauthorized emails, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or non-commercial; (iii) store or transmit inappropriate content, such as Content: (1) containing illegal, defamatory, threatening, pornographic, abusive, defamatory, or otherwise objectively objectionable material of any kind or nature, (2) containing any material that encourages behavior that could constitute a criminal offense, or (3) in a way that infringes or violates the intellectual property rights or privacy or publicity rights of any person or entity or that may otherwise be illegal or give rise to civil or criminal liability; (iv) store or transmit any Content containing or used to initiate a denial-of-service attack, computer viruses, or other harmful code, files, or programs such as Trojan horses, worms, time bombs, cancelbots, spyware, and the like; or (v) abuse, harass, stalk, or otherwise violate the legal rights of any third party; - Interfere with or disrupt the servers or networks used by A4ManagementTools or our Cloud Service Provider to provide the Cloud Services or used by other users to access the Cloud Services or violate third-party regulations, policies, or procedures of such servers or networks, or harass or interfere with the full and enjoyable use of any software or the Cloud Services by another user; - Access or attempt to access A4ManagementTools or our Cloud Services from other accounts, computer systems, or networks not covered by these terms, through password mining or any other means; - Cause, at the sole discretion of A4ManagementTools, an excessive burden on the Cloud Services or A4ManagementTools' system resources or capacity.

A4ManagementTools and our Cloud Service Provider will make all decisions regarding the enforcement of these guidelines at our sole and indisputable discretion. We reserve the right, at our sole discretion, to determine whether and what action to take in response to each violation, and any action or inaction in a particular circumstance will not affect or limit our response to a future breach. We will not assume or have any liability for any action or inaction regarding any Content

9. Identification

A4ManagementTools reserves the right, at its sole discretion, to disable, modify, and/or require you to modify your A4ManagementTools user ID and any custom URL, vanity URL, custom links, or vanity domains you may obtain through the Cloud Services for any reason or without reason. A4ManagementTools may exercise this right at any time, with or without notice.

10. Cloud Service Updates

A4ManagementTools reserves the right, at its sole discretion, to make necessary unscheduled deployments of changes, updates, or enhancements to the Cloud Services at any time. We may add or remove features or services, and we may suspend or discontinue the Cloud Services altogether. Users will be notified of any significant changes that may affect their use of the Cloud Services.

11. Software

If you receive software from us (the "Software"), its use is governed in one of two ways: if you are presented with license terms that you must accept to use the software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software. We may automatically check your version of the Software. We may also automatically download new versions of the Software or components needed for its operation desk or online to your computer or device.

Each software is licensed, not sold. Unless we notify you otherwise, the software license terminates when your Cloud Services end. You must then promptly uninstall the Software, or we may disable it. You must not circumvent any technical limitations in the Software. The software is subject to applicable Swiss and international export laws and regulations. You must comply with all national and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end uses. Without limitation, you may not transfer the software or cloud services without Swiss government authorizations to anyone on Swiss government exclusion lists. You represent and warrant that you are not on any such list nor under the control or as an agent of anyone on such lists or entities listed above. (Refer to the Federal Department of Economic Affairs, Education and Research compliance list, State Secretariat for Economic Affairs SECO [https://www.seco.admin.ch/](https://www.seco.admin.ch/)).

12. Proprietary Rights of A4ManagementTools

Regarding A4ManagementTools and the user, A4ManagementTools (or its licensors) owns and reserves all rights, titles, and interests in and to the Cloud Services and all hardware, software, and other elements used to provide the Cloud Service, except for the rights expressly granted to you to use the Cloud Services under these Terms. No title or ownership rights related to the Cloud Services are transferred to users under these Terms. All rights not expressly granted are reserved by A4ManagementTools and our Cloud Service Provider. If you provide comments, suggestions, and recommendations to A4ManagementTools regarding the Cloud Services (including, without limitation, modifications, improvements, and other changes to the Cloud Services) (collectively, "Feedback"), you hereby grant A4ManagementTools and its Cloud Service Provider a worldwide, royalty-free, irrevocable, and perpetual license to use and incorporate any Feedback in connection with the Cloud Services

13. Privacy

To operate and provide the Cloud Service, we collect some information about you. As part of the Cloud Service, we may also automatically upload information about your computer or device, your use of the Cloud Service, and the performance of the Cloud Service. We use and protect such information as described in our Privacy Policy. We reserve the right to block or otherwise prevent the delivery of any file, email, or other communication to or from the Cloud Services as part of our efforts to protect the Cloud Services, protect our customers, or prevent you from violating these Terms.

14. No Warranty

A4ManagementTools makes no (and specifically disclaims all) representations that the cloud service will be uninterrupted, error-free, or free of harmful components or that the content will be secure or otherwise lost or damaged.

15. Fees

If you purchase a Subscription, you must pay all fees associated with your account for that Subscription, including applicable taxes and charges for additional services not included as part of your Subscription. The charge will be made in accordance with the billing terms in effect at the time of purchase. If you purchase a Subscription that is charged in full at the time of purchase, you must pay the full cost of the next subscription period by the first day of that period for each renewal period of that Subscription. For each Subscription, the charge remains for each subscription period, regardless of whether you access the services or the Site during a subscription period. Even if you do not use the subscription, you are responsible for the subscription fees until you cancel it or until it is otherwise terminated. For more information on canceling your Subscription, see section 19.2 Termination and Cancellation below.

15.2 Billing

You must provide valid credit card information at the time of purchase to allow payment for the initial subscription period of a Subscription. For any Subscription with automatic renewal, your Subscription will renew at the end of the initial Subscription Period (the "Billing Date") and at the end of each subsequent subscription period until you notify us that you wish to terminate the Subscription under these subscription conditions or until the Subscription is otherwise terminated. If you do not notify us, your credit card will be automatically charged for the renewal period of your Subscription on the Billing Date. If the purchase date is between the 29th and the 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. A4ManagementTools may change your Billing Date in subsequent renewal periods without notice. This will be reflected in a proportional charge on your account based on the number of days elapsed since the Billing Date of your last renewal charge. Unless A4ManagementTools notifies you otherwise in advance under these Subscription Terms, the renewal charge will be the original purchase price for the Subscription. You must pay A4ManagementTools the fees associated with your Subscription. Additional discounts may be available to members who purchase multiple months in advance or as part of certain promotions.

15.3 Automatic Renewal Notice

We may send a reminder/notification email to your registered account email address about a week before the Billing Date. This notice is provided only as a courtesy. A4ManagementTools is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) the failure of A4ManagementTools to send the email does not create any liability for A4ManagementTools or any Third-Party Service. You are responsible for keeping contact information up to date to receive such notices.

15.4 Promotional Trial Subscriptions

We sometimes offer customers trial subscriptions; all subject to these Terms. At the end of a trial subscription, unless otherwise indicated in the offer, the subscription will automatically renew, and payment will be charged to your credit card to start your subscription period. However, the user should have sufficient time to decide on further actions.

16. General Terms of Use

You acknowledge that A4ManagementTools may establish general practices and limits regarding the use of its Services, including the maximum number of tools, templates, boards, boards, data, connections, or resources you can access within a given time period, the number of times (and the maximum duration for which) you can access these or other elements within a given time period, the maximum number of days that data, schedules, calendars, or other content uploaded will be retained by other services, and the maximum storage space allocated on A4ManagementTools servers on your behalf. A4ManagementTools may subcontract any obligation required under a Subscription without your consent. A4ManagementTools is not responsible for deleting or failing to store any content maintained or transmitted by any Subscription benefit. A4ManagementTools carefully selects and monitors subcontractors to ensure they meet the same quality, security, and privacy standards by applying its A4084.SupplierStressTest standard.

16.2 Authority to Subscribe to the Agreement

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these terms and understand that the terms "you" or "your" refer to such entity. If you do not have such authority or if you do not accept these Terms, you may not subscribe or use any Service. If after your purchase we discover that you do not have the authority to bind the entity for which you placed the order, you will be personally responsible for the obligations contained in these Terms and the order you placed, including all payment obligations. A4ManagementTools is not responsible for any loss or damage resulting from our reliance on any communication reasonably believed to be authentic and from an authorized representative of your company. In case of reasonable doubt about the authenticity of any communication, we may, but are not obligated to, require additional authentication from your company.

17. Changes to Subscriptions and Services

A4ManagementTools may discontinue offering a Service, including the functionality, Content, or availability of any subscription service, at any time at its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the Services. However, you have the right to cancel your subscription if we materially reduce the benefits. If we add new services to a Subscription, the new services will be subject to these Terms. If you add a product or service to your Subscription, A4ManagementTools has the discretion to charge you a proportional part of the costs to align the renewal date with your current subscription. A4ManagementTools will give you notice before proceeding.

17.2 Fee Adjustments

A4ManagementTools may increase Subscription fees by notifying you of new fees at least 30 days before the start of a renewal period. The new fees will be effective on the first day of the renewal period. If you do not cancel your Subscription, we will consider that you have accepted the new fees for the renewal period and subsequent renewal periods (unless the fees increase similarly for a subsequent renewal period). Fee reductions become effective on the first day of the subsequent renewal period without a proportional adjustment for the period covered by the previous rate.

17.3 Renewal Period Adjustments

A4ManagementTools offers Subscriptions of varying durations. A4ManagementTools may increase the renewal period from monthly, quarterly, or other to quarterly, annual, or other at our discretion, notifying you of the new renewal period at least 30 days before the start of a renewal period. If you do not cancel your subscription, we will consider that you have accepted the new renewal period going forward (unless the renewal period is changed similarly for a subsequent renewal period). Users can choose to accept or decline the new renewal terms.

17.4 Discontinuation and Replacement of Subscriptions

If A4ManagementTools ceases to offer your Subscription, we may terminate your Subscription, continue to provide it to you, or provide you with a replacement (similar or comparable product) at the current price. Additional fees may be charged for such a replacement subscription. A4ManagementTools will inform you of the new fees at least 30 days before they become effective.

18. Termination or Cancellation

A4ManagementTools may terminate your use of all or part of the Services or Subscriptions at its sole discretion. As your sole remedy, we will refund any prepaid fees specifically related to the current period of that Subscription. If you do not pay by the Billing Date, as described in the Billing section above, you may correct your credit card information and pay the outstanding amounts within 30 days of your Billing Date. If you have not made any payment on your Subscription within 30 days of your Billing Date, A4ManagementTools has the right to suspend the service and terminate that Subscription. Your right to use a Subscription is subject to any limits set by A4ManagementTools or your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including a chargeback, A4ManagementTools may, at its discretion, suspend or terminate your account access, which will result in the termination of these Terms and our obligations under them. If a charge to your credit card is declined, A4ManagementTools will retry up to a maximum of five charges on that card over a thirty-day period. If you wish to reactivate your account after termination, there will be no setup or reactivation fees. However, if your account was terminated for non-payment, it will only be reactivated after A4ManagementTools receives the full outstanding amount. If an expired account is reactivated, the new term starts from the reactivation date.

18.2 By Subscriber

You may review these Terms for 7 days after receiving them. If during this period you decide that you are not satisfied with the Subscription Terms, you can get a refund of any prepaid amount, and these Subscription Terms will be considered canceled as if they were never issued. You can cancel your Subscription at any time within your account settings. After canceling, your Subscription will remain active until the end of the paid period. Services After Termination. After your Subscription is terminated or your subscription period has expired, you will no longer have access to the corresponding Subscription offers. No warranty. Laws, regulations, and administrative requirements often change, and their application and impact vary from company to company and sector to sector. Forms, emails, and SMS communications are not intended to provide or replace accounting, legal, business, tax, or other advice or services. They are offered for informational purposes only. Compliance with all laws and regulations remains your sole and absolute responsibility. Before taking any business or legal action based on information from the site, you should consult a financial or legal professional to verify deadlines and determine whether such actions are appropriate for you based on your personal or business needs. No representations or warranties, express or implied, are provided regarding the consequences arising from the use of any Subscription.

19. Indemnity and Release

You agree to release, indemnify, and hold A4ManagementTools and its affiliates and their officers, employees, directors, and agents harmless from any loss, damage, expense, including reasonable attorneys' fees, rights, claims, actions of any kind, and damages (including death) arising out of or related to your use of the Site or any related information, any User Content, your violation of these Terms, or your violation of others' rights. If you are a resident of California, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

20. Disclaimer of Warranties

Your use of the site and services is at your sole risk. The site and services are provided "as is" and "as available." A4ManagementTools expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. A4ManagementTools makes no warranty that (i) the site or any service will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the site will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties. If you are not satisfied with any part of the site or these terms of use, your sole remedy is to discontinue using the site and cancel your subscription.

21. Limitation of Liability

You expressly understand and agree that A4ManagementTools will not be liable for any indirect, incidental, special, consequential, exemplary, or loss of profits damages, including but not limited to, damages for goodwill, use, data, or other intangible losses (even if A4ManagementTools has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, arising out of: (i) the use or inability to use the site or any service; (ii) unauthorized access or alteration of your transmissions or data; (iii) statements or conduct of any third party (including users) on the site; or (iv) any other matter relating to the site and services. In no event shall the total liability of A4ManagementTools for all damages, losses, or causes of action exceed one hundred Swiss Francs (100.- CHF). Some jurisdictions do not allow the exclusion of certain rights or the limitation or exclusion of liability for incidental or consequential damages. If you are not satisfied with any part of the site or these terms of use, your sole remedy is to discontinue using the site and cancel your subscription.

22. Dispute Resolution by Binding Arbitration

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that all disputes or claims that have arisen or may arise between you and A4ManagementTools, whether arising out of or related to these Terms (including any alleged breach thereof), the Site, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement, except that you may assert claims in small claims court if your claims qualify. Notwithstanding the above, A4ManagementTools may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. By entering into these Terms, you and A4ManagementTools waive the right to a jury trial or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The arbitration agreement is advantageous over court proceedings because it offers faster, less expensive, and confidential dispute resolution, avoiding lengthy court trials.

22.2 Arbitration Procedure

All disputes arising from this contract or otherwise connected to it, including those concerning its validity, nullity, breach, or termination, will be definitively resolved by arbitration in accordance with the Swiss International Arbitration Rules of the Swiss Chambers' Arbitration Institution (the "Swiss Rules" of the "SCAI" – Swiss Chambers' Arbitration Institution) in force at the date the arbitration request is submitted according to said Regulation. The number of arbitrators is three. The seat of arbitration is Ascona, Switzerland (unless the parties agree to a foreign seat). The arbitration proceedings are conducted in Italian. The parties may also decide at any time to submit their dispute to mediation in accordance with the Swiss Mediation Rules of the Swiss Chambers' Arbitration Institution.

22.3 Prohibition of Class and Representative Actions and Non-Individualized Relief

You and A4ManagementTools agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and A4ManagementTools agree otherwise, the arbitrator may not consolidate or join the claims of more than one person or party and may not otherwise preside over any form of consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

22.4 Attempt at Amicable Resolution

A4ManagementTools is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to their satisfaction by emailing us at info@MarcoCerulliConsulting.com.

23. Governing Law and Jurisdiction

The parties must first attempt an arbitration conciliation. If unsuccessful, they may try judicial means. To the extent permitted by law, all legal relationships between Website Users and A4ManagementTools will be subject to Swiss substantive law. The competent court is Locarno. The language is Italian. Specify which laws apply if the user is outside Switzerland.

23.2 Arbitration Costs

The payment of all registration, administration, and arbitration fees (collectively, "Arbitration Fees") will be governed by Swiss law unless otherwise provided in this Arbitration Agreement.

23.3 Confidentiality

All aspects of the arbitration procedure and any decision, award, or ruling of the arbitrator will be strictly confidential for the benefit of all parties.

23.4 Severability

If a court or arbitrator decides that any term or provision of this Arbitration Agreement (except for the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a valid and enforceable term or provision that comes closest to the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or arbitrator decides that any of the provisions of the subsection titled "Prohibition of Class and Representative Actions and NonIndividualized Relief" above are invalid or unenforceable, the entire Arbitration Agreement will be null and void. The remainder of the Terms will continue to apply.

24. Miscellaneous Terms

These Terms constitute the entire agreement between you and A4ManagementTools and govern your use of the Services, the Site, and your Subscription, superseding any prior agreements between you and A4ManagementTools regarding the Site. These Terms will be governed by Swiss law, regardless of its conflict of law provisions. The failure of A4ManagementTools to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If a provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should strive to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice provided in electronic form will be admissible in judicial or administrative proceedings based on or related to this agreement to the same extent and subject to the same Terms as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of A4ManagementTools, but A4ManagementTools may assign or transfer these Terms, in whole or in part, without restriction. Section titles in these Terms are for convenience only and have no legal or contractual effect. Notices may be sent to you via email or regular mail. The Site may also provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on the Site.

We reserve the right, at our sole discretion, to modify or revise portions of these Terms at any time. In such cases, we will post the changes on this page and indicate the date the changes were made. Such changes will be effective no earlier than fourteen (14) days after they are posted, except that changes addressing new Site features or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date such changes become effective constitutes your acceptance of the new Terms.

24.2 Incorporation of Additional Terms

Additionally, when you use certain components of the Site, you will be subject to any additional terms, policies, rules, or guidelines applicable to the Site or such components of the Site that may be posted on the Site from time to time, including, without limitation, the Privacy Policy, and any guidelines applicable to any component of the Site. All such terms are hereby incorporated by reference into these Terms.

24.3 Official Language

The Italian version of this document is authoritative. The English version is provided solely for ease of reading.