PART ONE  
 
Art. 1. This Service Order (“SO”) is an integral and substantial part of Enartia ‘s General Conditions of Service (“GCS”). The GCS and this SO establish the terms and conditions for the provision of the Iubenda Privacy Cookie Generator Service by Enartia Single Member S.A. (hereinafter “Company” or “Enartia”) to the Customer through the supplier Iubenda S.r.l. (hereinafter Iubenda). 
 
Art. 2. The commercial offer, which is published online at https://web.papaki.com/privacy-and-cookies-generator/?lang=en or brought to the Customer’s knowledge through our sales channels, forms an integral part of these conditions (“Offer”). Where “Website” is mentioned, it refers to the website of Enartia’s brand “Papaki” . 
 
Art. 3. The Customer declares that it accepts and respects the contractual conditions of the supplier Iubenda as set out below. 
 
Art. 4. The Customer acknowledges and accepts that the sections relating to:https://web.papaki.com/?lang=en. 
 
Art. 3. The Customer declares that it accepts and respects the contractual conditions of the supplier Iubenda as set out below. 
 
Art. 4. The Customer acknowledges and accepts that the sections relating to: 

• limitations of liability 

• the service provided ‘as is’, 

• the following sections of the Iubenda contractual terms and conditions shall be deemed to extend to the benefit of Enartia as well.

Art. 5. The Customer declares that they have read and expressly accepts Iubenda’s contractual conditions set out in this SO.

Art. 6. In order to activate and use the Service, the Customer shall perform the activation procedure shown in the Customer’s Control Panel. The Customer’s email address shall be communicated to Iubenda for the purpose of creating an account with said Provider, as well as the direct communication between Iubenda and the Customer regarding the use of Customer’s account for the Service. 
In the event that the Customer’s email address corresponds to an account already registered with Iubenda, the latter will request the Customer to merge / reconcile the services purchased through Enartia with those already in use at Iubenda relating to the same Customer email account. The Customer must accept the merging / reconciliation of services in order to use the Iubenda services purchased from Enartia. 
 
Art. 7. The Customer acknowledges and accepts that the Services governed by this SO, the contents of iubenda.com and the documents generated using the Service are provided for information purposes only. Although the clauses and provisions selectable in the generator have been drafted by a team of consultants from Iubenda and are constantly reviewed and updated, the generation of the documents is entirely automated. Therefore, the Service does not constitute or replace legal advice, nor does it give rise to a mandate relationship between client and lawyer. Despite the best efforts to offer the best possible service, neither Iubenda nor Enartia can guarantee that the documents generated are fully compliant with the applicable law. Customers and Users are therefore advised not to rely on the documents generated with iubenda without obtaining the assistance of a lawyer qualified in the relevant jurisdiction(s). 
 
PART TWO – Terms and Conditions of www.iubenda.com  
 
Art. 1. Introduction to the terms and conditions of www.iubenda.com. These Terms cover: 

• the use of the facility enabling the provision of the Service at www.iubenda.com (hereinafter also referred to as the ‘WebSite’), and
  
• any other Agreement or legal relationship with the Controller in a binding manner. Capitalized expressions are defined in the relevant section of this document. 
   
  The User is requested to read this document carefully.  Nothing in these Terms gives rise to an employment, agency or association relationship between the parties concerned. 
   
  The party responsible for the www.iubenda.com website is: 
  iubenda s.r.l. 
  Via San Raffaele, 1 – 20121 Milano 
  Chamber of Commerce of Milan, Lodi, Monza e Brianza 
  C.F./VAT:: IT07347120961 
  VAT UK: GB 370904694 
  CS: 12.603,50 Eur (i.v.) 
  Legal representative: Andrea Giannangelo 
  Holder’s email address: info@iubenda.com  
   
  The ‘Web Site’ refers to: 
  • the Service; The following documents are integrated into the Terms by reference: 

• Data Processing Agreement: https://www.iubenda.com/terms-and-conditions/18097248  

• Service Provider Agreement: https://www.iubenda.com/terms-and-conditions/25735293

Art. 2. Nature of the Service 
The Website allows Users to generate legal documents by combining several predefined clauses. These clauses are included by selecting the relevant options during the document generation process. The User may also draft clauses with completely customized content to be added to the document. The User will not be assisted or guided in the choice of the appropriate clause for  

their case or in the drafting of custom clauses either by the Website staff or by any other advisor. The correct choice of clauses suitable for a given context or activity, as well as the verification of the compatibility of the documents generated with the applicable law and the observance of all applicable legal provisions in the exercise of one’s activity are therefore the sole responsibility of the User. In light of the foregoing, the Service offered on the Website does not represent and is not a substitute for legal advice. 
 
Art. 3. Need to know at a glance 
• Access to the Web Site is permitted to Users who meet the age requirements specified in these Terms. 
• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users. 
• The right of withdrawal only applies to European consumers. 
• Subscriptions to Products offered on the Website are subject to automatic renewal. Information on a) duration of the renewal period, b) method of termination and c) notice period are set out in the respective sections of these Terms and in Enartia’s General Terms of Service. 
• Important : different rules apply for consumers located in Germany, as described in the relevant section of these Terms. 
• Users are responsible for the correctness of the information provided for billing purposes. Once the invoice has been issued, it will no longer be possible to change the information entered. 
• It is the sole responsibility of Users to choose the options appropriate to their situation or activity during the document creation process, and to subsequently verify that the documents generated meet all legal requirements. Neither the Website nor Iubenda nor Enartia provide any assistance in this respect. The suggestions and instructions contained in the generator are intended only to illustrate its operation to Users and do not contain any information specifically referring to individual Users. 
 
PART THREE – CONDITIONS OF USE 
 
Art. 1. Introduction to Terms of Use 
Unless otherwise specified, the conditions of use of the Website set out in this section apply generally. 
Further conditions of use or access applicable in particular situations are expressly stated in this document. 
By using the Web Site, the User declares that he/she meets the following requirements: 
• There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users; 
• The user must be at least 13 years old; 
 
Art. 2. Registration 
To use the Service, the User may open an account by providing all the data and information requested in a complete and truthful manner, according to the account activation procedure with iubenda indicated by Enartia and available at https://web.papaki.com/privacy-and-cookies-generator/?lang=en. 
It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. 
To this end, Users must choose a password that corresponds to the highest level of security available on the Website. 
By creating an account, the User agrees that he/she is fully responsible for any activity carried out with their access credentials. Users are obliged to inform the Owner and Enartia immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as their User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.

 
Registration Requirements 
The registration of a User account on the Website is subject to the conditions specified below. By Enartiaing an account, the User confirms that he/she meets these conditions. 
• Accounts opened by bots or other automated means are not permitted.

 
Account closure 
The User is free to close their account and cease using the Service at any time by following this procedure: 
• Using the account closure tools available on the website. 
• Contacting the Controller at the contact details in this document.

Account suspension and deletion 
The Owner and/or Enartia reserve the right to suspend or delete a User’s account at any time at their own discretion and without notice if they deem it inappropriate, offensive or contrary to these Terms. 
Suspension or deletion of the account does not give the User any right to compensation, refund, or indemnity. 
Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any fees or prices that may be applicable. 
 
Art. 3. Content on the Web Site 
Unless otherwise stated or clearly recognizable, all content available on the Website is owned or provided by the Owner or its licensors. 
The Owner takes the utmost care to ensure that the content available on the Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this. 
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.

Rights to the Website Content 
The Owner holds and expressly reserves all intellectual property rights to the aforementioned content. 
Users are not authorized to use the contents in any way that is not necessary or implicit in the proper use of the Service. 
The User is authorized to use the documents limited to the period of subscription to the Service. Unless authorized in writing by the Holder, any kind of partial or complete reproduction of the documents shall be considered a violation of the Holder’s copyright.

Content provided by Users 
The Owner allows Users to upload, share or offer their own content on the Website. 
By providing content to the Website, the User declares that he/she is legally authorized to do so and confirms that said content does not violate any laws and/or the rights of third parties. 
Rights to content provided by Users 
The User acknowledges and accepts that by providing content of their own to the Web Site they grant the Owner the non-exclusive right to process the content free of charge for the purpose of operating and maintaining the Web Site, as contractually provided. 
To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided on the Website. 
Users acknowledge and accept that the contents offered by them via the Web Site shall be made available under the same conditions applicable to the contents of the Web Site. 
 
Art. 4. Access to external resources 
Through the Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. 
The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law. 
 
Art. 5. Permitted use 
The Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law. 
It is the sole responsibility of the User to ensure that the use of the Website and/or the Service does not violate any laws, regulations, or the rights of third parties. 
Therefore, the Owner and/or Enartia reserve the right to take all appropriate measures to protect their legitimate interests, and in particular: 

• to deny the User access to the Website or the Service, 

• terminate contracts,  

• report any censurable activity carried out through the Website or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever there is a suspicion that the User is violating the law, regulations, third party rights and/or the Terms, in particular, but without exclusion, by carrying out one of the following activities: 

 
Rules of conduct 

It is strictly forbidden to do the following: 

• pretending to meet any requirement to access the Web Site or use the Service, such as being of legal age or qualifying as a Consumer;
• hiding one’s identity, using another’s identity or pretending to act on behalf of a third party, unless authorised by that third party;
• altering identifiers to conceal or disguise the origin of one’s messages or published content;
• defame, threaten, abuse, use intimidation practices, threaten or violate the rights of third parties in any other way;
• promoting activities that may endanger one’s own life or the life of any other user or cause physical harm. Included in this category, but without exclusion, are the threat of or incitement to suicide, the glorification of intentional physical trauma, the use of illegal drugs, and alcohol abuse. The publication of content promoting, glorifying or illustrating self-destructive or violent attitudes on the Website is not tolerated under any circumstances;
• testing, analysing or testing the vulnerability of the Website, the services and networks connected to the Website, breaching security or authentication procedures on the Website, the services and networks connected to the Website;
• installing , embedding, uploading or otherwise incorporating malware in or via the Web Site;
• using the Website or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (e.g. for spamming purposes);
• attempt to disrupt or tamper with the technological infrastructure in such a way as to cause undue damage or burden to the Website or the Service;
• Customize the iubenda Cookie Solution in a manner that violates TCF policies, if the IAB Transparency and Consent Framework (TCF) feature is enabled. Users acknowledge that changing the configuration in violation of TCF policies is also a violation of these Terms and may result in suspension or termination of the User account (and in any event will result in removal or suspension of the Cookie Solution in question);
• copying and pasting documents or integrating them in any way other than using the integration/embedding code. The documents generated may be archived by iubenda and integrated into a site or app by means of integration/embedding tools; 
  Scraping
• implement automated processes for extracting, collecting or capturing information, data and/or content from the Website and all related digital extensions, unless expressly authorized by the Controller

6. Content Rules

It is strictly forbidden to use the Website for the following actions: 

• disseminating or publishing illegal, obscene, illegitimate, defamatory or inappropriate content;
• publish content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
• disseminating or publishing content that is false or likely to cause unjustified alarm;
• using the Website to publish, disseminate or otherwise offer content protected by intellectual property law, including, but not limited to, patents, trademarks and copyrights, without the authorization of the rights holder;
• using the Website to publish, disseminate or otherwise offer content that infringes the rights of third parties, including, but not limited to, military, commercial, professional or state secrets and personal data;
• publish content or carry out activities that disrupt, interrupt, damage or otherwise violate the integrity of the Website or other Users’ devices. Such activities include spamming, unlawful dissemination of advertising, phishing, fraud against third parties, dissemination of malware or viruses, etc; 

 
Art. 7. Software Licence 
Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or relating to the Website is held by the Owner and/or its licensor. 

Subject to the User’s compliance with these Terms and notwithstanding any provision to the contrary contained herein, the Owner grants the Users a revocable, non-exclusive, non-transferable and non-sublicensable licence to use the software and/or technology integrated into the Service within the framework and for the purposes of the Website and the Service offered.
The licence does not include any right to access, use or disclose the original source code to the User. The techniques, algorithms and procedures contained in the software and its documentation are the exclusive property of the Holder or its licensor. The granting of rights and licenses to the User shall cease with immediate effect in the event of termination or expiry of the Agreement. 
 
PART FOUR – TERMS AND CONDITIONS OF SALE 
 
Art. 1. Paid products 
The rates, duration and conditions applicable to the sale of such Products are described in Enartia’s Product Plans and General Conditions of Service. 
 
Art. 2. Product Description 
Prices, descriptions and availability of the Products are specified in the respective Offer/Plan and are subject to change without notice. 
Although the Products on the Web Site are presented as accurately as technically possible, the representation on the Web Site by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased. 
The characteristics of the selected Product will be specified during the purchase procedure. 
 
Art. 3. Purchasing Procedure 
Each step, from the choice of the product to the placing of the order, is part of the purchasing process. 
 
Art. 4. Sending the Order 
Sending the order entails the following: 

• Submission of the order by the userdetermines the conclusion of the contract and gives rise to the obligation on the part of the user to pay the price, taxes and any further charges and expenses, as specified on the order page. 
• If the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the orderalso constitutes an obligation for the User to cooperate accordingly.
• Once the order has been placed, Users will be sentconfirmation of receipt of the order. 

 
Art. 5. Prices 
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs that will be charged to them. 
 
Art. 6. Promotions and discounts 
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of Enartia’s Website. 
Promotions and offers are always granted at Enartia’s sole discretion. 
Repeated or periodic promotions or discounts do not constitute any claim or right that can be asserted by Users in the future. 
As the case may be, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, time limitations of promotions and discounts are understood to refer to the time zone of Athen’s location, as indicated in the contact details in this document. 
 
Art. 7. Means of Payment 
With regard to the terms and means of payment, please refer to the provisions of the Enartia’s GCS.

Unless otherwise specified to the Services shall be automatically renewed on expiry for periods of equal duration to the initial period.  

 
Art. 8. Reservation of Rights of Use 
Until receipt of payment of the full purchase price by the Holder, the User does not acquire the rights to use the Products ordered. 
 
Art. 9. Delivery and Provision of services 
The purchased service will be performed or made available within the timeframe indicated on the Web Site or in the manner communicated prior to placing the order. 
 
Article 10 – Contract Duration and Termination / Withdrawal 

10.1 Paid subscriptions with a fixed term come into effect from the date Enartia receives payment and remain active for the agreed period, as specified at the time of purchase. Upon expiration of the subscription, access to the relevant services is discontinued. Early termination of the contract by the Customer, without fault on the part of Enartia, does not entail a refund or compensation for the unused period. Unless otherwise stated, services are automatically renewed for a period equal to the original term. In the case of payment by bank transfer, automatic renewal is not available. The Customer may change the renewal method (automatic/manual) from the control panel: 

• From automatic to manual: up to 20 days before expiration 

• From manual to automatic: up to 30 days before expiration 

10.2 The Customer will be notified in a timely manner with a relevant notice regarding renewal management. If renewal is not completed in time, the services will be deactivated upon expiration and the relevant content will be deleted. 

10.3 Enartia reserves the right to withdraw from the contract with at least 30 days’ written notice, sent to the Customer’s registered email address. In this case, the Customer is entitled to a refund of a proportional amount corresponding to the unused period. 

10.4 Withdrawal – For natural persons acting as consumers, a withdrawal right of fourteen (14) calendar days applies, provided that no legal exception applies. For legal persons, no withdrawal right is provided.

Art. 11. Limitation of Liability and Indemnity 
The software and material provided on the Website are intended solely to facilitate the fulfilment of legal obligations by Users. In particular, although the generation of documents with the Website takes place fully automatically, every single model clause of which they are composed has been drafted and is constantly reviewed by a team of qualified lawyers. However:

• This is clearly not a substitute for professional legal advice on drafting a privacy policy, cookie policy, or any other legal document or procedure.  

• The Service is intended to provide Users with a starting point, amounting to an extremely sophisticated template form, and cannot therefore, unlike a lawyer, provide any guarantee of compliance with applicable law.  

• No content or service on the Website constitutes legal advice or gives rise to a mandate between lawyer and client. Depending on the applicable law, there may be additional requirements for Users to comply with the law. 

 
European Users

Indemnification 
The User agrees to indemnify and hold harmless the Owner and Enartia, and their subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand – including, without limitation costs and attorneys’ fees – made by any third party due to or in connection with negligent conduct such as use of or connection to the Service, violation of these Terms, violation of third party rights or laws by you, your affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law. 

 
Limitation of liability for the User’s activities on the Web Site 
Unless otherwise specified and subject to the applicable statutory provisions on product liability, all claims for damages against the Owner and/or Enartia (or any natural or legal person acting on their behalf) are excluded. 
The foregoing does not limit the Owner’s and/or Enartia’s liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User’s use of the Website was appropriate and correct. 
Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder and/or Enartia shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

In particular, to the extent set out above, the Owner and Enartia accept no liability in respect of: 
• any losses that are not a direct consequence of a breach of the Terms by the Owner and/or Enartia; 
• any loss of earnings or other losses, even indirect, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, loss of profits or anticipated savings, loss of contractual or business relationships, loss of goodwill or damage to reputation, etc.); 
• damages or losses deriving from interruptions or malfunctioning of the Web Site due to force majeure or unforeseen and unforeseeable events and, in any case, beyond the Owner’s and/or Enartia’s control, such as, purely by way of example, breakdowns or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, and interruptions to the supply of third-party products, services or applications; 
• Damage , prejudice or loss due to viruses or other malware contained in or linked to files downloadable from the Internet or via the Website. Users are responsible for taking appropriate security measures – such as antivirus software – and firewalls to prevent possible infections or attacks and to protect backup copies of all data and/or information exchanged or uploaded on the Website. 

 
Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers: 
In case of liability of the Owner and/or Enartia, the compensation due may not exceed the total amount of payments that have been, will be or may be contractually due to Enartia by the User for a period of 12 months or for the entire duration of the Agreement. 
 
Australian Users 
Limitation of liability 
Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, the Owner’s and/or Enartia’s liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited, at the discretion of the Owner and/or Enartia, to the re-supply of the services or payment of the cost of re-supplying them. 

 
U.S. users 
Exclusion of Warranty 
The Owner provides the Website “as is” and subject to availability. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner and Enartia expressly exclude conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner and/or Enartia or through the Service shall create any warranty not expressly set forth herein. 
Notwithstanding the foregoing, the Owner and Enartia and their subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that: 

• the content will be accurate, reliable or correct;  

• that the Service will be available, uninterrupted and secure, at any particular time or place;  

• that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.  

Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s risk, and they are solely responsible for any damage to their computer system or mobile device or loss of data that results from such download or use of the Service.
 
The Owner and Enartia do not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by third parties through the Service nor any hyperlinked website or service. Furthermore, the Owner and Enartia do not take part in or in any way monitor any transactions between Users and third-party providers of products or services. 

 
The Service may become inaccessible or not function properly with the User’s browser, device and/or operating system. The Owner and Enartia cannot be held liable for any damage, whether perceived or actual, arising from the content, operation or use of the Service. 
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law. 

 
Limitation of liability 
To the maximum extent permitted by applicable law, in no event shall the Owner and/or Enartia, as well as their subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be held liable for: 
• any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service; and 
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or the User account or information contained therein; 
• any errors, omissions or inaccuracies in the contents; 
• personal injury or material damage of any kind resulting from the User’s access to or use of the Service; 
• any unauthorized access to the Owner’s and/or Enartia’s security servers and/or any personal information stored therein 
• any interruption or cessation of transmissions to or from the Service; 
• any bugs, viruses, trojans or the like that may be transmitted to or via the Service; 
• any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or 
• defamatory, offensive or illegal conduct of any User or third party. 

 
In no event shall the Owner and/or Enartia, and their subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter. 
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner and/or Enartia had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to Users.  

These Terms give Users specific legal rights, and Users may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law. 

 
Manleva

The User undertakes to defend, indemnify and hold harmless the Owner and Enartia, and their subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from: 

• use of or access to the Service by the User, including any data or content transmitted or received by the User;
• violation of these Terms by the User, including but not limited to any breach by the User of any representation or warranty set forth in these Terms;
• infringement by the User of any rights of third parties, including, but not limited to, any rights relating to privacy or intellectual property;
• violation by the User of any applicable law, rule or regulation;
• any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information, and also including the case where access is gained by a third party using the User’s personal username and password or other security measures, if any;
• the User’s willful misconduct or violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law. 

 
COMMON PROVISIONS 
 
Art. 11. No implied waiver 
The failure of the Owner and/or Enartia to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right. 
 
Art. 12. Interruption of Service 
In order to guarantee the best possible level of service, the Owner and/or Enartia reserve the right to interrupt the Service for the purposes of maintenance, system upgrades or any other change, giving appropriate notice to Users. 
Within the limits of the law, the Owner and/or Enartia reserve the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can retrieve their Personal Data and information in accordance with the law. 
Moreover, the Service may not be available due to causes beyond the Owner’s and/or Enartia’s reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.). 
 
Art. 13. Resale of the Service 
Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit the Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly. 
 
Art. 14. Privacy policy 
Information on the processing of Personal Data is contained in the Website’s privacy policy. 
 
Art. 15. Processing of personal data through the Website 
Users acknowledge and accept that by using the Services offered, they instruct the Website to process personal data on their behalf. This implies that, unless otherwise specified, personal data will only be processed to the extent and for the purposes agreed between the Users and the Controller. 
The respective Appointment of Data Processor (NRT) / Data Processing Agreement (DPA), available at https://www.iubenda.com/terms-and-conditions/18097248 concerning the processing of personal data of data subjects within the European Union is therefore an integral and binding part of these Terms. 
The respective Service Provider Addendum concerning the handling of personal information of consumers in California is therefore an integral and binding part of these Terms. 
 
Art. 16. Intellectual Property 
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to the Website are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties. 
All trademarks – whether denominative or figurative – and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with the Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties. 
 
Art.17. Changes to Terms 
The Owner and/or Enartia reserve the right to amend the Terms at any time. In this case, the Owner and/or Enartia will give appropriate notice of the changes to the Users. 
The changes will only affect the relationship with the User in the future 

Art. 18. Assignment of Contract 
The Holder and/or Enartia reserve the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users. 
The provisions relating to the amendment of these Terms shall apply. 
The User is not authorized to assign or transfer its rights and obligations under the Terms without the written consent of the Holder. 
 
Art. 19. Safeguard Clause 
Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions, which shall therefore remain valid and effective. 

 
U.S. users 
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose. 
These Terms constitute the entire agreement between the User, Enartia and the Owner with respect to the regulated subject matter and prevail over all other communications, including any prior agreements, between the parties with respect to the regulated subject matter. 
These Terms will be implemented to the fullest extent permitted by law.

European users 
Should any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective substitute provision for the void, invalid or ineffective provision. 
In the event of failure to agree within the aforementioned time limits, if permitted or provided for by the applicable law, the invalid, void or ineffective provision shall be replaced by the applicable legal provision. 
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties. 
 
Art. 20. Applicable law 
The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules. 
Exception for European Consumers 
However, notwithstanding the foregoing, if the User acts as a European Consumer and has their habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail. 
 
Art. 21. Jurisdiction 
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms lies with the judge of the Court of Heraklion Crete. 
 
Each party expressly waives any right to a trial by jury in any court of law in respect of any action or dispute. 
Any claim under these Terms must be brought individually, and no party shall participate in any class action or other proceedings with or on behalf of others. 
 
Art. 22. Post-contractual effectiveness
Upon termination or expiration of the present agreement, any provisions that by their nature are intended to survive shall remain in effect, such as the granting of usage licenses and the user’s indemnification obligation. 

 
Article 23. Definitions and legal references

1. The Website (or this Application): The facility that enables the provision of the Service.
2. Agreement: Any legally binding or contractual relationship governed by the Terms.
3. Commercial User: Any User that does not meet the definition of a Consumer.
4. European (or Europe): Defines a User physically present or legally established in the European Union, regardless of nationality.
5. Owner (or Us): Means the natural or legal person who provides the Website and/or offers the Service to Users.
6. Product: A good or service that can be purchased through the Web Site, such as a tangible good, digital files, software, booking services, etc. 
The sale of a Product may be part of the Service as defined above.
7. Service: The service offered through the Website as described in the Terms and on the Website.
8. Terms: All terms and conditions applicable to the use of the Website and/or provision of the Service as described in this document as well as in any other related document or agreement, in its most current version respectively.
9. User (or You): means any natural person who uses the Web Site.
10. Consumer: Any natural person who, in their capacity as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
11. Renewal of Services: Unless otherwise specified to the Customer, the Services shall be automatically renewed on expiry for periods of equal duration to the initial period. 
12. Acknowledgment and Management of Renewals:  

1. The Customer acknowledges that it will not be possible to activate the automatic renewal of a Service if payment by bank transfer is selected.

2. The Customer will be able to change the renewal mode of a particular Service from automatic to manual up to 20 (twenty) days before the expiry date, and from manual to automatic up to 30 (thirty) days before the expiry date. 

3. In any event, before the expiry of the Services, the Customer will be sent a notice containing the information necessary to manage the renewal.

13. Termination: Termination of a SO shall also result in termination of the GTC if the Customer procures no other active Services from Εnartia. The GTC shall remain in force until the last Service purchased by the Customer expires.