Cyberefund General Terms and Conditions
Version 5 dated 17/05/2021
Definitions and normative reference
For the purposes of this agreement, words shall have the following meanings, unless the context otherwise requires:
Beneficiary: the natural person as the personal identity or user (in his/her own name) of one or more profiles on which the monitoring activity falling within the scope of the Services is carried out; the Beneficiary may be incapable of acting (person under the age of 18 or disqualified adult) when belonging to the members of the household benefiting from the service or capable of acting (person over the age of 18 or qualified minor).
General Terms and Conditions: the terms and conditions governing the Contract set out in this document and subsequent amendments and additions published on the Website and/or communicated to the Contractor.
Contractor: the natural person exercising parental responsibility (or on whom the law confers other related power – guardian, curator, etc.-) over the Beneficiary who is incapable of acting.
Contractor: the legally relevant agreement between Cyberefund and Contractor, including the General Conditions, governing the use of the Platform and the use of the Services;
Intellectual Property Rights: all patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trademark rights and any other similar rights;
Information: any and all published indications, information, data, materials (including documents) relating to the Beneficiary that are processed by the Platform;
Cyberefund: the company Cyberefund s. r.l., in the person of its legal representative pro tempore, having its registered office in Milan (MI) at P.zza Luigi Vittorio Bertarelli 1, 20122 – C.F./P. IVA 11076520961;
Party:each party to the Contract, i.e. Cyberefund and the Contractor in each case, plus the Beneficiary who is a member of the Contractor’s household;
Platform:the web-based application and the associated mobile app developed by Cyberefund and owned by Cyberefund, which may be used by the Contractor as an aid in the analysis of Information relating to possible identity theft;
Policy: insurance policy entered into between Contractor and the Insurance Company;
Liability: civil liability for any damages, claims, actions, awards, expenses, costs and any other losses or obligations;
Services: the cyber insurtech and insurance services against cyber attacks, dedicated to individuals and companies, provided by Cyberefund to Contractor through the Platform;
Website: the internet portal published at the URL https://www. cyberefund.com/ (or any other URL that may be used by Cyberefund);
Company: entity in charge of the insurance service to Policyholder and Beneficiary (D.A.S., Difesa Automobilistica Sinistri S.p.A. di Assicurazione, Generali Group);
Third Party:anyone who is not a Party to the Contract, excluding the Beneficiary;
Users:Contractor and Beneficiaries
Unless the context otherwise requires, words in the singular are to be construed as being the same in the plural and vice versa, just as words in one gender are to be construed as being the same in the other gender.
The present General Terms and Conditions are drawn up in accordance with the provisions of Legislative Decree no. 206 of 6 September 2005, as amended and supplemented. (Consumer Code).
Article 1 – Object
1.1 The subject of the Contract is the use of the Platform and, in general, the use of the Services in the manner and with the technical and economic characteristics described at the time of registration and in accordance with the General Conditions which the Contractor expressly declares that he/she knows and accepts.
1.2 Following the Contractor’s registration, the following Services will be provided:
– Contractor’s access to and management of the dashboard;
– creation by the Contractor of one or more accounts for family members who are beneficiaries of the service;
– use of the Platform’s functionalities by the Contractor for family members who are beneficiaries of the service.
– monitoring and analysis of the Information sent by and/or addressed to and/or related to the Beneficiary;
– notification of the Contractor and the Beneficiary in case of detection of Information related to possible identity theft due to cyber attack;
– display on the dashboard by the Contractor and the Beneficiary of the Information related to possible identity theft;
– creation of a report with the information related to possible identity theft;
– legal protection provided through D. A.S. (Difesa Automobilistica) insurance policy. A.S. (Difesa Automobilistica Sinistri S.p.A. di Assicurazione, Generali Group)
1.3 With regard to the subject matter of the insurance, the Company shall bear the risk, within the limits of the maximum sum of €10,000.00 per claim and the conditions stipulated in the Policy, of extrajudicial and judicial assistance that may be necessary to protect the rights of the Insured, as a consequence of an insurance claim covered by the warranty.
1.4 The policy covers the protection of the rights of Insureds who, as a result of a cyber attack, have suffered:
a personal data breach, as provided for in Article 4 paragraph 12 and Articles 33-34 of European Regulation 2016/679 (GDPR) on the protection of individuals and other subjects with regard to the processing of personal data, similar rules and subsequent additions;
the illegal activation of an email account and/or profile on social networks.
This protection consists in the legal defence of the Insured Persons in the event that:
a) they have to prepare the possible complaint/complaint to the investigating police bodies and for the search of evidence in defence;
b) they have to obtain compensation for extra-contractual damages suffered by the author of the violation of their rights;
c) they have to forward to the Data Controller or the manager of the website/social media
the petition for the obscuration, removal or blocking of any other personal data of the minor, spread on the internet (L. 71 /2017 Provisions for the protection of minors for the prevention and contrast of the phenomenon “cyberbullying”);
d) they must prepare any complaint/report to the Privacy Guarantor (art. 143 and 144 Legislative Decree.
e) have to take action to restore their honour following pending lawsuits and/or protests in order to obtain their cancellation from public registers;
f) are subject to criminal proceedings for a culpable crime or contravention;
g) are subject to criminal proceedings of a malicious nature. In this case, the Company will reimburse the defence costs incurred provided that the insured is acquitted or cleared by a final decision. Cases of extinction of the offence for any reason are excluded. The Insurant is always obliged to report the insurance case at the time when the criminal action begins or when he/she becomes aware of his/her involvement in the criminal investigation.
1.5 In addition to the guarantees, the Company guarantees a telephone advice service on the subjects covered by the policy, by calling the toll-free number or by writing to an e-mail.
The Insured may call during office hours to obtain:
clarification on laws, decrees and regulations in force;
preventive advice and assistance in the event that the Insured must testify before the Police or the Investigating Magistrate or in civil and/or criminal proceedings.
1.6 Additional details
1.6 Further details of the policy taken out with the Company will be provided within
1.7 Cyberefund does not take over any existing legal relationship between Contractor and Beneficiary, merely providing the Platform and Services as a mere IT tool to assist in parental control or other form of control over the Beneficiary expressly provided for by law.
1.7 Cyberefund does not take over any existing legal relationship between Contractor and Beneficiary.
1.8 The Beneficiary’s acquisition of the capacity to act presupposes, for the purposes of the validity of the contractual relationship, the age of majority with the express acceptance of the General Conditions and adherence to the Contract.
1.9 The Beneficiary’s failure to comply with the General Conditions and adherence to the Contract.
1.9 Failure by the Beneficiary to accept the Contract within the term of 30 (thirty) days shall be grounds for termination of the Contract pursuant to article 14 of these General Terms and Conditions.
Art. 2 – Conclusion of the Contract, consideration and terms of payment
2.1 The Contract shall be deemed to be concluded upon confirmation of Contractor’s registration by Cyberefund, which will also take place by sending a communication to the e-mail address provided by Contractor containing a summary of the Services, the fee and a copy of the General Conditions. Such information is, however, available in the restricted area of the Website.
2.2 The payment of the fee for the Services shall be made by the Contractor within the terms set out at the time of activation of the Services. The amount of the fee shall include VAT and all other taxes.
2.3 The Services shall be subject to the price shown on the Website at the time of activation, or on the contract in the case of direct or indirect sales to companies, without taking into account any price changes that may have occurred before or after the Services were activated.
2.4 Payment of the Fee shall result in immediate activation of the Services.
2.5 The Contractor shall not be liable for any payment of the Fee.
2.5 The Contractor may choose one of the following methods of payment:
– payment by credit card;
– payment by payment platform (e.g. PayPal/Stripe);
– payment by any other system indicated on the Website
– payment by bank transfer.
2.5 The Contractor may choose one of the following methods of payment
Art. 3 – Activation and provision of services
3.1 Upon activation of the Services, the Contractor shall be held solely and exclusively responsible for his or her and the Beneficiary’s use of the Platform. The Beneficiary who is capable of acting, by signing these General Terms and Conditions and the Contract, shall from that moment on assume the same Responsibilities as the original Contractor.
3.2 The activation of the Services shall commence upon the registration of the Contractor, the acceptance of the General Terms and Conditions and the payment of the full fee or the first fee, in a lump sum in advance.
3. 3 Cyberefund reserves the right not to proceed with the activation or renewal of the Services, at its sole discretion, in cases in which:
a) the Contractor is in breach of his contractual obligations, also in relation to previous or different contractual relationships (in this case, the activation of the Services may be subject to the prior fulfilment of the previous obligations);
b) there are technical, organisational or other reasons not directly dependent on Cyberefund that are an obstacle to the activation of the Services.
3.4 Cyberefund reserves the right to refuse the activation or renewal of the Services.
3.4 Cyberefund will notify the Contractor by e-mail of the non-activation or non-renewal of the Services and will only be obliged to refund the Contractor any advance payment received.
Art. 4 – Duration, renewal and termination of the Services covered by the Contract
4.1 The Services covered by the Contract shall have the duration indicated at the time of activation.
4.2 The Contract shall be renewed by tacit agreement for identical periods if the Contractor has selected the relevant option in the restricted area; the Contractor may change this option no later than the expiry of the Contract.
4.3 In the event of non-renewal, upon expiry the functionality will be disabled, access will be disabled and access to and use of the Services will no longer be possible.
Art. 5 – Probationary period
5.1 The Policyholder has the option of activating a 14-day free trial period for the monitoring services described above via the website.
5.2 During the trial period, the legal protection insurance policy is excluded.
5.2 During the trial period the legal protection insurance service is excluded and can only be activated after payment of the service.
5.3 For the duration of the free trial period, the monitoring services described above will be activated.
5.3 In order to activate the free trial period correctly, the Policyholder shall be obliged to choose a payment plan and to enter a valid payment method from which no withdrawal shall be made. Activation of the service will follow the procedure described in point 3.
5.4 Once the trial period has elapsed, the service will be activated according to the choice of plan that the Contractor had selected.
5.5 The right of withdrawal shall apply as described in section 6.
Art. 6 – Right of withdrawal
6.1 Pursuant to and within the limits of art. 52 et seq. of Legislative Decree 206/05, the Contractor has the right to withdraw from the Contract for any reason, without explanation and without penalty, within 14 (fourteen) days from the day of conclusion of the Contract.
6.2 The right of withdrawal shall apply to the Services in their entirety.
6.3 Prior to the expiration of the withdrawal period, Contractor shall inform Cyberefund of its decision to exercise its right to withdraw from the Contract using the download withdrawal form or by submitting any other explicit statement of its decision to withdraw from the Contract, to be sent by certified email to email@example.com or by registered letter with acknowledgement of receipt (sent in advance by email to firstname.lastname@example.org) to Cyberefund srl, P.zza Luigi Vittorio Bertarelli 1- 20122 Milano (MI).
6.4 By concluding the Contract, the Contractor expressly requests that the provision of the Services part of the Platform commences during the withdrawal period.
6.5 In the event of withdrawal Cyberefund will refund the Customer the amount paid, retaining an amount proportional to the time of provision of the Services, calculated on the basis of the total price.
Art. 7 – Authenticated credentials
7.1 Access to the Services is by means of authentication with an identification code (login) and password. The Contractor acknowledges that the knowledge of his/her and/or the Beneficiary’s authentication credentials by third parties may allow the latter to access the Platform and use the Services.
7.2 The Contractor undertakes to use – and have the Beneficiary use – the authentication credentials of the third party.
7.2 The Contractor undertakes to use – and to have the Beneficiary use – the access credentials with the utmost confidentiality and diligence. The Contractor undertakes, also on behalf of the Beneficiary who is incapacitated, to promptly notify Cyberefund of any unauthorised use of the authentication credentials, as well as any other security breach of which he becomes aware.
7.3 The Contractor agrees to use the access credentials in a confidential and diligent manner.
7.3 Contractor assumes sole responsibility for unauthorised access to its own and/or the Beneficiary’s incapacitated account, as well as for the use of the relevant Services by Third Parties.
7.4 The Contractor who subscribes to the Family Subscription agrees to send Cyberefund by email the family document (to be requested from the registry office of the municipality of residence with a valid identity document – please check if your municipality also issues the certificate online), within 15 days of subscribing to the service to the email email@example.com.
Art. 8 – Functionality of the services
8.1 The Services will normally be available after 24:00 hours on the day of the first payment, 24 (twenty-four) hours a day; however, the Contractor acknowledges and accepts that Cyberefund may suspend and/or interrupt the provision of the Services in order to allow the performance of ordinary or extraordinary maintenance works that may be appropriate and/or necessary, also by Third Parties.
8.2 Cyberefund undertakes to perform the aforementioned works as soon as possible and to restore the Services as soon as possible in order to reduce any inconvenience to the Contractor; Cyberefund undertakes to perform the aforementioned works as soon as possible in order to reduce any inconvenience to the Contractor.
8.2 Cyberefund will endeavour to carry out such maintenance as quickly as possible and to restore the Services as soon as possible in order to reduce any inconvenience to the Contractor; Cyberefund will however give notice to the Contractor.
8.3 Contractor agrees to notify Cyberefund immediately or at the latest within 48 (forty-eight) hours of any irregularities or malfunctions in the Services.
Art. 9 – Changes to the Services and Variations to the General Conditions
9.1 The Contractor acknowledges and accepts that the Platform is an application characterised by constantly evolving technology, for this reason Cyberefund reserves the right to update its functional characteristics and to change the way in which the Services and the General Conditions are used, when this is made necessary by technical requirements or organisational reasons, and for the sole purpose of implementing and improving the Services offered to the Contractor and/or Beneficiary.
9.2 The General Conditions may also be subject to changes made necessary by subsequent legal provisions.
9.2 The General Conditions may also be amended as required by subsequent legal provisions.
9.3 In any case, the General Conditions may be amended or modified as necessary.
9.3 In any event, any amendments to the General Conditions shall be submitted to the Policyholder for acceptance.
Art. 10 – Intellectual Property Rights
10.1 Cyberefund is the exclusive owner of all Intellectual Property Rights relating to the Platform and the Website.
10.2 Any material that is the subject of Intellectual Property Rights in favour of Third Parties and that is made available to the Contractor and/or Beneficiary through the provision of the Services shall be used in accordance with such rights. The Contractor assumes all responsibility in this respect and agrees to indemnify and hold harmless Cyberefund from any detrimental consequences that may arise from conduct that does not comply with the above provisions.
10.3 The Contractor shall not be liable for any damages that may arise from the use of the Services.
10.3 Contractor and/or Grantee shall not copy, modify, export, make any software derived from that which is the subject of the provision of the Services (nor permit any Third Party to do so) or, in any way, attempt to discover any source code, sell, assign, sublicense, grant or transfer any rights in the Services to any Third Party.
10.4 In the event that Contractor and/or Beneficiaries infringe Cyberefund’s and/or Third Parties’ Intellectual Property Rights, Cyberefund reserves the right to terminate the Agreement in accordance with clause 14.
Art. 11 – Obligations, prohibitions and responsibilities of the Contractor
11.1 The Contractor must equip himself/herself, at his/her own expense and under his/her own responsibility, with the hardware and software necessary to access the Platform and use the Services. In particular, the Contractor and the Beneficiary must use devices approved according to European standards in perfect working order, as well as operating systems, operating environments and browsers updated to the latest version available according to the indications provided on the Website.
11.2 Responsibility for any non-compliant use of the Services is the sole responsibility of the Contractor, who declares to release Cyberefund from any liability in this respect.
11.3 By way of example, the Contractor undertakes to:
a) create his profile by providing true, accurate and up-to-date data, in particular by indicating valid personal data of his exclusive ownership;
b) update his and the Beneficiary’s profile data, with particular reference to contact information (e-mail address, telephone number, username, etc..
c) to use the Services in compliance with Cyberefund’s and/or third parties’ intellectual property rights and to ensure that any personal data processed by him/her is legally and completely available, does not contravene any mandatory regulations and does not violate any third parties’ rights;
d) not to use or have third parties use, directly or indirectly, the Services in violation of the applicable legislation (with particular reference to the protection of personal data) or in such a way as to cause damage or harm, in any way or form, to the image of Cyberefund;
d) to keep and have the Beneficiary keep the respective access codes to the Platform in the strictest confidence, and to be responsible for their safekeeping towards Cyberefund and third parties.
11. 4 In the event of a breach or alleged breach of any of the above obligations, Cyberefund shall be entitled to intervene in the manner and manner it deems appropriate in order to eliminate, where possible, the breach or alleged breach and its effects, and to suspend and/or terminate and/or disable access to the Services, reserving the right to terminate the Agreement and to retain the amounts paid – up to a maximum of three months – by the Contractor to Cyberefund as a penalty, without prejudice to any compensation for greater damages.
11.1 The Contractor shall be entitled to terminate the Agreement and to retain the amounts paid – up to a maximum of three months – by the Contractor to Cyberefund as a penalty, without prejudice to any compensation for greater damages.
11. 5 The Contractor assumes all responsibility for the above breaches and agrees to indemnify and hold harmless Cyberefund from any and all losses, damages, liabilities, costs, charges and expenses, including legal fees, that may be incurred or suffered by Cyberefund as a result of any breach by the Contractor of its obligations, also on behalf of the Beneficiary, and to the guarantees given by him/her upon acceptance of these General Terms and Conditions, or in any case related to the processing of data, including non-personal data, and information through the Services, even in the event of damages claimed by Beneficiaries and/or Third Parties for any reason.
Art. 12 – Cases of suspension and/or interruption of Services
12. 1 Cyberefund has the right to suspend and/or interrupt, by notifying the Contractor, access to the Platform and/or the provision of the Services in all circumstances of unforeseeable circumstances or force majeure, such as, but not limited to
a) failures of the network and equipment for the provision of the Services, as well as in the case of non-programmable and/or foreseeable and technically indispensable modifications and/or maintenance;
b) failures and malfunctions of servers and software, whether owned by Cyberefund or its suppliers;
c) justified security reasons.
12.2 The Contractor acknowledges and accepts that in the cases listed above and in all circumstances of unforeseeable circumstances or force majeure that cause a suspension and/or interruption of the Services, not directly attributable to Cyberefund, Cyberefund shall not be liable in any way to the Contractor and/or the Beneficiary or anyone else for the unavailability of the Services. In such cases Cyberefund shall not be liable for any total and/or partial default and therefore the Contractor and/or the Beneficiary shall not be entitled to make any claim for damages, reimbursement or compensation against Cyberefund for the suspension or interruption of the Services that has occurred.
Art. 13 – Limitations of Cyberefund’s liability
13. 2 The Contractor acknowledges and accepts that:
a) The Platform constitutes a mere IT tool to carry out the analysis of web, social, deep web and dark web Information in order to facilitate the identification of possible identity theft;
b) in case of malfunctioning of the notification service, the Contractor is still obliged to check the Dashboard;
c) The Dashboard may provide erroneous feedback (false negatives or false positives) in relation to certain types of data entered;
d) the report containing the alleged Identity Theft Information will assist in any legal action, but Cyberefund does not guarantee its probative value.
e) the insurance policy taken out with the Company guarantees effective legal protection should the Contractor or Beneficiary find actual identity theft.
13.3 Cyberefund undertakes to ensure the best functionality of the Platform, assuming an obligation of means and not of result.
13.4 Cyberefund shall not be liable for any malfunctioning, suspension and/or interruption in the provision of the Services due to causes not attributable to Cyberefund, such as but not limited to:
a) cases of suspension and/or interruption of the Services for the cases provided for in art.
a) suspension and/or interruption of the Services in the cases foreseen in art. 11;
b) third parties;
c) incorrect and/or incomplete and/or anomalous data entry;
d) incorrect use or non-compliant use of the Services;
e) use of the Services through different operating systems and/or environments and/or browsers (i.e. on different versions) than those indicated on the Website;
f) any accidental case, catastrophic event and/or force majeure.
It is understood that in such cases, Cyberefund will not be liable for any loss, damage or injury suffered and/or to be suffered by the Contractor, the Beneficiary and/or any Third Party.
In such cases, the Contractor acknowledges and accepts that he/she will not be entitled to claim any compensation, indemnity, reimbursement or any other right from Cyberefund.
Art. 14 – Confidentiality
Art. 15 – Express termination clause
a) transfers all or part of the Contract to a third party;
b) fails to pay the required fee, even if the Services have been activated in the meantime, in derogation of art.
b) Contractor fails to pay the required fee, even if the Services have been activated in the meantime, in derogation of the provisions of Article 2;
c) Contractor violates the industrial property rights of Cyberefund and/or Third Parties;
d) Contractor uses or allows the Beneficiary and/or Third Parties to use the Services in a manner different from that intended by Cyberefund or authorized by Cyberefund.
e) the Beneficiary who has become capable of acting does not sign the General Conditions and the Contract within 30 (thirty) days.
15.2 In the aforementioned cases, the termination shall occur as of right by unilateral declaration by Cyberefund to Contractor, as a result of which Cyberefund shall be entitled to stop providing the Services without any further notice. In such cases, the Contractor acknowledges and accepts that the amounts paid by the Contractor shall be retained by Cyberefund as a penalty, without prejudice to any compensation for greater damages, and that the Contractor shall not be entitled to claim any reimbursement, compensation and/or damages for the period of time during which the Services have not been used.
15.3 It is understood that the aforementioned termination shall be without prejudice to any other termination event, and in general to other legal remedies, including actions for damages suffered by Cyberefund.
Art. 16 – Protection of personal data
16.1 The Contractor declares that it has been informed of the provisions of Regulation (EU) 679/16 and Legislative Decree 196/03 (as last amended by Legislative Decree 101/2018) and consents to the processing of its personal data for the purposes indicated in the specific information notice provided pursuant to the aforementioned regulations.
16.2 Cyberefund guarantees compliance with the regulations on the processing of personal data including the provisions on security measures. However, the Contractor hereby acknowledges and accepts that he shall not be entitled to make any claims against Cyberefund, whether as compensation, indemnification or otherwise, and that Cyberefund shall not be liable for any loss, destruction or deletion of all or part of the data, including non-personal data, for any reason whatsoever.
16.3 The Contractor shall not be liable for any loss, destruction or deletion of personal data.
16.3 The Contractor by using the Platform declares that he/she is processing personal data for the exercise of activities of a purely personal or domestic nature.
16.4 Cyberefund also undertakes to send to the Beneficiary, if he/she is fourteen years of age or older, a communication with the information regarding the processing of his/her personal data.
16.4 Cyberefund also undertakes to send to the Beneficiary, if he/she is fourteen years of age or older, a communication with the information regarding the processing of his/her personal data.
Art. 17 – Final provisions and communications
17.1 The Agreement cancels and supersedes any prior agreement between Cyberefund and Contractor relating to the same subject matter and constitutes the entire agreement between the Parties on such subject matter. No amendment, addendum or clause added to the Contract shall be valid and enforceable between the Parties unless specifically and expressly approved by both Parties.
17.2 In no event shall any breach and/or behaviour of the Contractor and/or the Beneficiary and/or the Users contrary to the General Conditions be considered as a waiver of the General Conditions or as tacit acceptance of the breach, even if not contested by Cyberefund. Any failure by Cyberefund to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
<17.3 All notices to the Contractor in connection with this contractual relationship may be made by Cyberefund by hand, by certified or non-certified electronic mail, by registered letter, by post or by fax to the addresses provided by the Contractor during registration and shall be deemed to have been received by the Contractor. Any changes in the Contractor's address that are not communicated to Cyberefund shall not be enforceable against Cyberefund.
17.4 Should one or more clauses of these General Terms and Conditions be ineffective and/or invalid in whole or in part, this shall not invalidate the other clauses, which shall be deemed to be in full force and effect.
17.5 For any matter not expressly provided for in these General Conditions, the Parties shall expressly refer, to the extent compatible, to the laws in force at the time of the conclusion of the Contract.
Art. 18 – Place of jurisdiction
(Cyberefund General Terms and Conditions – Version 5 dated 17/05/2021)
CybeRefund Srl – Benefit Society, Registered Office Piazza Luigi Vittorio Bertarelli, 1 – 20122 Milano (MI)
P.I. and Fiscal Code 11076520961