We strongly believe in transparency and honesty, both inside ModeFinance and to our customers.

Registration is free. Buying reports is not mandatory to a correct use of s-peek: it's a free user's choice, and not purchasing them does not compromise in any way the correct use of the application, which provides an intuitive but still verified judgment through its "3-colours semaphore" system, an integral part of the MORE methodology.

No user's data within s-peek will be detracted from the legitimate owner, and any company's information provided in s-peek is available in their respective country's public database.

1. SUBJECT

This contract regulates the provision of the s-peek Service, via the iOS or Android application or via the web-based version, which allows you to obtain company information and related creditworthiness assessments (reports) by processing information recorded in public or publicly accessible databases, according to the functionalities described on the website or in the order form.

2. USE OF THE SERVICE

The use of the Service is reserved for the CLIENT within the scope of his/her business or professional activity exclusively.

The Service may be used for legitimate purposes only and may not be used in unlawful or fraudolent ways, unlawful of fraudolent purposes, or by causing unlawful or fraudulent effects. In particular, queries to the Service by means of software, automated tools and/or artificial intelligence systems are prohibited.

In any case, the CLIENT will not overload the Service manually or with software/other systems (e.g, bots) with massive requests for information, i.e. constant and repeated requests capable of slowing down or blocking the operation of the Service. Should there be any suspicion of the conduct described above, Modefinance may temporarily disable user credentials, without prejudice to Article 8.

The CLIENT will immediately inform modefinance Srl in case of abnormal or unwanted actions to the Service and/or attacks on the Service.

The CLIENT shall ensure that adequate security systems and procedures are maintained and implemented to prevent unauthorised access or damage to the Service.

The CLIENT shall ensure that adequate security systems and procedures are maintained and implemented to prevent unauthorised access or damage to the Service.

Access to the Service is subject to authentication by means of an identification code (User Name) and a password.

The CLIENT undertakes, also on behalf of its employees and collaborators, not to disclose access credentials to third parties and to comply with the current data protection regulations.

The CLIENT is the only responsible in case of loss, disclosure, misuse of access credentials to the Service and is committed to promptly inform modefinance srl for any unauthorized use of his/her account or any other security violation found.

3. LEVEL OF THE SERVICE

modefinance Srl is responsible for any defect, difficulty, discontinuity or inability of service delivery, resulting from events or circumstances not related to the control of modefinance Srl (e.g. network inaccessibility, defects or failure in update of the devices utilized by CLIENT, other cause of force majeure, unforeseeable circumstances).

The Service may be temporarily suspended for maintenance and updating of information systems of modefinance srl, upon prior notice, which may be also published on the website.

The provision of the service is based on processing its own algorithm of data with information from public records and / or other public sources. Failure to provide the service due to the unavailability of even a fraction of such data implies suspensive condition of the obligation, until their full recovery.

4. USER LICENCE

The contents of s-peek (reports, judgments, credit scoring, analyses, tables, graphics, etc.) constitute intellectual proprieties and creative work (in terms of form, algorithms and processing methods) of modefinance Srl.

The Contents are therefore licensed for worldwide and non-exclusive use to the CLIENT, which use is limited to internal use within its own entrepreneurial or professional activity. The CLIENT may use the Report generated by s-peek for external activities only as a technical annex for files to be submitted to the deliberating and controlling bodies.

The CLIENT may grant the use of the Service to identified third parties, as an exception to the above contractual limits, upon written agreement with modefinance Srl exclusively.

The CLIENT is prohibited from sublicensing, reselling, reworking, modifying, translating and in any case transferring to third parties, for any reason whatsoever, the Contents of the Financial Portal or from publishing the report on the web (websites, blogs, social networks) unless different written agreement. It is forbidden to use the report to perform financial consultancy services in competition with modefinance Srl. It is forbidden to sell individual reports or portfolio analyses to third parties.

5. DISTRIBUTION MODALITIES AND LIABILITY EXEMPTION

The CLIENT acknowledges that modefinance Srl uses and re-elaborates, by using specific proprietary algorithms, the economic and financial data of public databases on corporate financial statements filed at the National Authorities. Despite the utmost care and professional diligence, the service is rendered without warranty of accuracy or adequacy, as modefinance srl nor its partners can be held responsible for any errors or omissions regarding the public sources that are the basis of the report.

S-peek is aimed at assisting the CLIENT in his economic, commercial and financial choices, leaving the CLIENT free to operate in full discretion, autonomously acquiring all the further data and information necessary to make his own decisions.

As such, the CLIENT, also as responsible for the deed of his own employee, servant or auxiliary, pursuant to articles 1228 and/or 2049 of the Italian Civil Code, in relation to the use he/she makes of the Service, undertakes to fully indemnify and hold modefinance Srl harmless in the event that the latter is requested or required to pay amounts, directly or jointly and severally, either extra-judicially or judicially, e.g. but not limited to, for damage compensation, indemnity, penalties (criminal, administrative, fiscal or of other nature), unless the aforementioned damages derive from willful misconduct or gross negligence on the part of modefinance Srl.

If the report requested involves the quantification of a potentially sustainable commercial credit limit, this is considered as indicative and must be used in compliance with art. 22 of Reg. 679/16, as the CLIENT is aware that s-peek is a first analysis tool and that modefinance Srl is available on request to offer an in-depth analysis service, with the intervention of analysts and further investigations.

Should any claim for compensation be accepted by the judicial authorities, the parties mutually agree to limit it to a maximum amount calculated on the cost paid by the CLIENT in one year for this Service.

6. PAYMENT AND DURATION

The service remains active indefinitely, until termination or cancellation by the CLIENT.

modefinance Srl reserves the right to cancel the User in the event of non-use of the Service for more than 3 years. The fee for each report is indicated in point II "ECONOMIC OFFER".

All prices are net of VAT.

7. COPYWRIGHT

The CLIENT acknowledges and accepts that the s-peek reports, the Databases on economic operators, the relevant analyses, the systems, and data processing algorithms, the analytical procedures, acquisition and output, tables, graphs, commentary elements are property of modefinance Srl.

By downloading a report, the CLIENT acquires a limited user license for internal professional purposes and for an indefinite period of time, which may not be transferred to third parties

Any infringement of the intellectual property rights covered by this Service constitutes immediate cause for termination of the contract, without prejudice to modefinance Srl's right to claim compensation for greater damages.

8. TERMINATION OF THE CONTRACT

modefinance Srl reserves the right to terminate this contract, deactivate the account or to suspend the service in case of violation by the CLIENT of the obligations laid down in article 2, 4, 5, 6, 7.

9. “S-PEEK TEAM” CONDITIONS

The S-PEEK TEAM service can be activated by the CLIENT through the specific functionality of the Application, against the payment of the fee therein indicated.

The S-PEEK TEAM service allows to create one or more groups of several USERS registered with S-peek. The members of each group can share reports and communicate with each other through a chat service. Further functionalities of the S-PEEK TEAM Service are described on the website.

The USER administrator of the TEAM has the right to invite up to the maximum number of USERS foreseen by the chosen functionality, by entering the related e-mail address in the appropriate form of the Application.

S-peek will forward the TEAM membership invitation to the address indicated.

The USER administrator of the TEAM manages under his own responsibility the invitations and the exclusions from the TEAM, and declares to have previously obtained from the sent USERS the informed consent to transmit the e-mail address to modefinance Srl. Every USER of S-PEEK TEAM has the faculty to accept the invitation to join the TEAM, after registering to s-peek.

The USER undertakes to use the chat and the S-PEEK TEAM Service for lawful purposes, without inserting defamatory, insulting, violent comments or in violation of the law on the treatment of personal data and security, on the intellectual property and copyrights (L. 633/41), on industrial property rights (Legislative Decree 30/05), computer crimes (Italian Penal Code and special legislation), the press and publishing, the Communications Code, the regulations on professional secrecy, banking secrecy, financial or corporate crimes or in any case in breach of any rule of law in current Italian or other countries’ legal system.

10. TREATMENT OF THE PERSONAL DATA OBJECT OF THE REPORT

The personal data of the CLIENT and of any USER activated by the CLIENT, in the case of S-PEEK TEAM, will be used for the provision of the Service and the related technical management, management of compulsory, contractual and fiscal accounting relationships, for archiving and backup purposes of the report requests made by the USER (also to eventually verify the exact fulfilment of the contractual obligations). The parties agree that modefinance may store the logs on the use of the service related to the USER, which will constitute full evidence of the activity carried out by the parties.

11. FINAL REGULATION AND PLACE OF JURISDICTION

The Parties mutually agree that this agreement applies to the Italian law. Any dispute relating to this contract will be dealt with exclusively by the Court of TRIESTE.

This contract may not be assigned without the written consent of modefinance Srl.

Last updated 23 November 2021