TERMS AND CONDITIONS

This document, hereinafter referred to as "T&C," governs the general conditions that users registered on this crowdtesting platform, hereinafter referred to as "Tryber.me," accept and agree to abide by for the purpose of full use of this platform and in order to be, therefore, involved in the performance of specific activities commissioned by UNGUESS, as defined below, in collaboration with its partners.

DEFINITIONS

To ensure full understanding and full acceptance of the T&Cs, the following terms, in the singular and plural, have the meanings given below:

Account means the interface containing the basic identifying information provided by Tryber for purposes of accessing and using Tryber.me, including but not limited to, first name, last name, age, gender, residence, social security number, and the like;
Activities means the testing or support activities covered by the Campaigns published by UNGUESS on Tryber.me to which the Tryber may apply or for which he/she may be preselected;
Booty means a gross credit note as Reward for the Activities performed by the Tryber that will be credited, pending collection (so-called "cash out"), to the Tryber's Account in his/her own portfolio section;
Campaign means the marketing initiative promoted by UNGUESS in order to engage the Trybers necessary for the execution of the Activities;
Support Campaigns are defined as marketing initiatives promoted by UNGUESS that target the Activities carried out by Tryber Specials to support in various aspects the Community Testing Activities;
Testing Campaigns are defined as those initiatives promoted by UNGUESS that have as their subject the Testing Activities carried out either by the Tryber Tester or the Security Researcher to test the Campaign's reference product;
Code of Ethics means the document that the User is required to accept when registering on Tryber.me, containing the set of general rules of behavior and business principles promoted by UNGUESS and that the same agrees to abide by throughout the duration of the relationship;
Community is defined as all Trybers registered on Tryber.me;
The Engagement Contract is defined as the set of all the contractual documents accepted in the Platform at three different moments : i) at the moment of registration in the Platform (T&C; Privacy Policy; UNGUESS Code of Ethics); ii) at the moment of application to the Campaign (Offer of Engagement); iii) at the moment of selection to the Campaign before the start of the Activities (Test Manual and any Supplementary Terms). All these contractual documents, although accepted at three different times, form the contractual body of the Contract of Engagement, which is used by UNGUESS to commission the Tryber to carry out the Activities covered by the Campaign.
Experience refers to research activities in the area of "ease of use" of a product and/or usability issues with respect to a given software and/or physical product;
Confidential Information means any information and news of the disclosing party provided by the disclosing party to the receiving party concerning matters not in the public domain, and which by their subject matter or other characteristics are of a confidential nature;
Test Manual means all operational instructions provided to the activated Tryber for the specific Campaign, in order to complete the Activities, and whose acceptance is necessary to actually perform the Activities .
Offer of Engagement means the specific conditions and characteristics of the individual Campaign, in relation to the requirements for the Tryber to participate. It is represented, therefore, by the descriptive text of the Campaign itself;
Partners are defined as entities other than UNGUESS with which the Tryber may come into contact including through collaboration in the execution of the Activities;
Platform means such Tryber.me. website that UNGUESS owns;
Privacy Policy means the privacy policy that the User is required to accept, at the time of registration on Tryber.me, and by which UNGUESS informs the Community about the way in which the data provided in connection with the use of the crowdteating platform Tryber.me is processed;
Profile means the set of sensitive and non-sensitive data, within the Account, provided by the Tryber to enable his or her identification for the purpose of applying for Campaigns;
Performance means the contribution made by the Tryber, once activated for the specific Campaigns, during the course of the Activities;
Quality refers to testing activities aimed at finding and replicating malfunctions, functional or graphical, of a software and/or hardware application;
Security Researcher means the Tryber, with special and verified IT skills, selected to carry out Testing Campaigns within the scope, however, of Security activities only;
Security refers to testing activities aimed at finding vulnerabilities in relation to the security of an application or assimilated;
Team means the staff of UNGUESS;
Supplementary Terms means the eventual and optional contractual document that is to be sent to and signed by the Tryber only where necessary, as required by the Partner, the Tryber, or essential for the purpose of particular circumstances relating to the specific Activities. This supplementary document will be necessary, where required, to contract aspects that are supplementary and reinforcing to the contractual documentation already accepted in the Platform;
Tryber is defined as the individual who is registered on Tryber.me through the entry of their data and full acceptance of the T&Cs, Privacy Policy and Code of Ethics;
Tryber Special means the Tryber who has been selected to carry out Support Campaigns within the Community, for the purpose of supporting the execution of the Community's Testing Activities. The Tryber Special may perform the following activities: coordination, technical support, administration, recruitment, and communication;
Tryber Tester means the Tryber who has been chosen to carry out Testing Campaigns, referring, however, to Quality, Experience, and Testing Activities in general, but not falling under Security-related Testing Activities;
UNGUESS means as Unguess S.r.l. with registered office at Via del Chiesotto 4 - 26100 - Cremona (CR), with Fiscal Code and VAT No.: 01603290196;
A User is defined as any individual who accesses Tryber.me without having registered.

1) SCOPE OF APPLICATION

The Community will be involved by UNGUESS and its Partners through Tryber.me in carrying out the Activities, with particular reference to the Quality, Experience and Security segments.
UNGUESS offers Users the possibility to register as Tryber on Tryber.me in order to be engaged, with free choice among the different Campaigns available therein, as a tester. The Tryber, if selected by UNGUESS and once the Activities covered by the relevant Campaign have been accounted for and completed in their entirety, will receive compensation in the form of a Booty based on the remunerative conditions set forth in the same Campaign.
These Terms and Conditions, together with the Privacy Policy and the UNGUESS Code of Ethics, apply to all Users who register on the Platform, thus becoming Trybers, and represent the standard contractual conditions used by UNGUESS to contract and manage its relationships with its Trybers, both in order to be able to select and train them for candidacy for future Campaigns and in order to be able to engage them for the execution of commissioned Campaigns. Thus, the standard terms and conditions of the Contract of Engagement between UNGUESS and the Tryber are represented by these Terms and Conditions, along with the UNGUESS Privacy Policy and Code of Ethics.
In addition to these Terms and Conditions and to the UNGUESS Privacy Policy and Code of Ethics (all three accepted at the time of registration in the platform), the Trybers, for the purposes of the specific Campaigns commissioned, will be subject to and must, therefore, accept subsequent contractual documents: - 'the Offer of Engagement (mandatory acceptance to apply for the Campaign); - the Test Manual (mandatory acceptance to execute the Activities); - Supplementary Terms ( optional and to be signed only if they will be specifically sent as they are necessary to integrate conditions not present in the previous contractual documents), all documents that are closely related to these Terms and Conditions. These subsequent contractual documents represent, therefore, the specific conditions of the Contract of Engagement between the Tryber and UNGUESS and therefore in case of conflict between the general conditions ( T&C; Privacy Policy) and the specific ones (Offer of Engagement; Testing Manual; any Supplementary Terms) the latter will prevail .
The entire Engagement Agreement, therefore, both with reference to the aforementioned Terms and Conditions and with reference to the subsequent specific contractual documents accepted on the Platform, will find application even where the execution of the activities takes place externally to said crowdtesting Platform, being, therefore, equally applicable, since the Tryber in addition to being enrolled will have already been engaged internally to said Platform for the relevant Campaign, with appropriate procedure provided for by one of the three cases governed by Articles 2; 3; 4 of said Terms and Conditions .
UNGUESS may modify the T&Cs at any time by sending appropriate notice to the Community sharing the new wording at least within 15 (fifteen) days of effectiveness between the parties. Without prejudice to the Tryber's right to proceed to the cancellation of its Account from Tryber.me. It is understood that said modifications and additions will be effective exclusively from the day following publication on the platform and that, therefore, they may only apply to Campaigns published from that date.

2) TRYBER ACCOUNT CREATION

The User will be able to apply to UNGUESS for the free creation of an account in his or her name through registration in the Platform. The User, once he/she becomes a Tryber, will be a member of the Community and will be able to apply for the Campaigns published in the Platform and, where selected, participate in them by performing the Activities as set forth in the aforementioned Terms and Conditions and in the subsequent specific conditions represented by the specific contractual documentation (Offer of Engagement; Test Manual and any and optional Supplementary Terms) accepted in the Platform .
The User who intends to register in Platform must be at least 16 years of age and have complied with the obligation of education based on the normative sources of the International Labor Organization (ILO), insofar as compatible with the current legislation of his/her country of residence. It is specified how the User - minor will assume full responsibility for the truthfulness of what is stated when registering in Platform, with particular reference to the obligation of education.
It is also provided for the User - minor, the obligation to register in the platform with the email address of the exercising parental responsibility or any guardian or legal representative appointed under the law, or in any case with an email to which the parent or guardian can freely have access, thus giving such individuals the opportunity to constantly verify the content of communications that UNGUESS sends to the Tryber minor.
The User is not permitted to create more than one account on the Platform. Any accounts registered by "bots" or other automated methods will not be permitted and, where detected, deleted .
The User is obliged to enter the information necessary for the creation of an account in a clear, understandable and truthful manner. UNGUESS reserves the right to activate an account subordinately:
(i) the submission of appropriate and mandatory documentation, proving the correctness of the data entered, where applicable, and (ii) the consequential and mandatory acceptance of these T&Cs, the Privacy Policy and the Code of Ethics present on the Platform. Once the account has been activated, the Tryber is obligated to update the information and concurrently enter the necessary changes via the Tryber's "edit data" function. It is understood that UNGUESS shall not be held liable in any capacity for damages resulting from the Tryber's failure or inaccuracy in entering or updating information or supplementary changes.
The Tryber shall be solely responsible for the security of his or her password, it being similarly understood that UNGUESS shall not be held liable in any way for damages resulting from the insufficient security or inadequacy of the password provided by the Tryber for access to and use of his or her personal account.
The Tryber can, through the created account, also participate in training courses, organized by UNGUESS and carried out within the same platform, in order to achieve new skills and, also, useful for the conduct of the Campaigns themselves.
UNGUESS reserves the right to delete the account and/or suspend the contractual relationship with the Tryber in case of violation, even partial, of the T&Cs and in general of the entire Engagement Agreement. In such a case the Tryber will be paid the amounts credited to his/her account by UNGUESS for the completed Activities. A Tryber can delete his account at any time through a special online procedure (https://tryber.me/my-account/?tab=options) to be performed on his Tryber Profile : select the item "Profile" present in the drop-down menu on the left of the screen; once the Profile section is open, select the item "Settings"; scroll down the settings page to the bottom and select the item "Delete your account"; once "Delete your account" is selected, a menu will open to confirm the deletion of the account and to indicate the reasons for the choice, thus proceeding to the deletion which will be irreversible .
The freedom on the part of the Tryber to delete his or her account at any time is subject to compliance with the terms of withdrawal provided only if the Tryber has been selected and activated for a specific Campaign .
Any Tryber may unconditionally delete his or her account free of charge and without any period of notice, except when the Campaign Activities for which the Tryber was hired are in progress. In such case, the terms of termination provided in Article 6 paragraph 10 of said Terms and Conditions shall apply .
Information and data subject to statutory retention periods (e.g., credit notes) will be deleted only after the statutory retention period has expired. All other data will be deleted with the deletion procedure of the relevant account.

3) MANAGING THE SELECTION AND ENGAGEMENT OF TRYBER TESTERS FOR THE CAMPAIGNS

The Tryber will only have the opportunity to view the various Quality, Experience Campaigns or any other initiatives with similar characteristics, available on the Platform, if he/she is eligible for the respective application, based both on the information entered by the Tryber himself/herself in his/her Profile, and on the basis of the training courses, promoted by UNGUESS, in which he/she has participated.
At this point, the Tryber may apply for the various Activities promoted by UNGUESS. The Team will conduct appropriate verification to ascertain that he/she possesses the characteristics required for participation in the specific Campaign. This verification will consist of selecting the potential Tryber Tester based on the request by the Team to provide both eventual documentation to prove possession of the requirements and to provide additional information to his/her Profile, in order to determine his/her involvement in the Campaign .
The Tryber who passes the selection phase to participate in the individual Campaign will be submitted the Testing Manual (and in case Supplementary Terms are also necessary) whose acceptance is a necessary condition for his or her actual participation in the individual Campaign, thus becoming an official Tryber Tester.
UNGUESS is committed to providing the Testing Manual in a way that allows the Tryber full and informed acceptance of the Activities (e.g., number of accesses in the server, number of feedbacks to be provided, and relevant useful timelines).
The acceptance of a Campaign by the Tryber Tester will take place with the acknowledgement and acceptance of the Testing Manual, as well as, in the only case it is necessary, the signing of the Supplementary Terms, thus completing, the engagement procedure. Only after the acceptance of the last contractual document forming the Contract of Engagement, configured between UNGUESS and the Tryber Tester, will the services covered by the Campaign be executed. In this sense, the Tryber Tester will be entitled to the consideration performance by UNGUESS, i.e., payment of the fee, only if the Tryber Tester's performance is provided in a timely manner and if it is found to comply with all the requirements and conditions specified in the Testing Manual, qualifying, therefore, as a Compliant Performance and not an Improper Performance. Therefore, once the Tryber Tester has performed its performance UNGUESS will proceed to appropriate verification of the Tryber Tester's performance with respect to each individual Campaign. The final approval will be provided by UNGUESS directly on the Tryber's Account, once the outcome produced in the Tryber's performance of the Activities has been verified, making the remuneration, initially credited as a reserve, available on the Tryber's Account.
The Tryber Tester will destroy all documentation made available after the close of the Campaign. This also applies to applications that have been made available to him/her for the performance of the Affected Activities.

4) MANAGING THE SELECTION AND ENGAGEMENT OF TRYBER SPECIALS FOR THE CAMPAIGNS

The Tryber Tester will be able to view the various Support Campaigns, for Tryber Specials, proposed by UNGUESS, only if he/she is found to be eligible for the respective application, based both on the information entered in his/her Profile, and on the basis of the training courses, promoted by UNGUESS, in which he/she has participated.
At this point, the potential Tryber Special will be able to apply for the various Support Campaigns promoted by UNGUESS. The Team will conduct appropriate verification to ascertain that he or she possesses the characteristics required for participation in the specific Campaign. This verification will consist of selecting the potential Tryber Special on the basis of the request by the Team to provide both any documentation to prove possession of the requirements and to provide additional information to his Profile, in order to determine his involvement in the Campaign .
The Tryber Special who passes the selection phase to participate in the individual Campaign will be submitted the Test Manual (and in case Supplementary Terms are also required) whose acceptance is a necessary condition for his or her actual participation in the individual Campaign, thus becoming an official Tryber Special.
UNGUESS is committed to providing the Testing Manual in a way that allows the Tryber full and informed acceptance of the Activities (e.g., login data, data for software applications such as apps) .
The acceptance of a Campaign by the Tryber Special will take place with the acknowledgement and acceptance of the Test Manual, as well as, in the only case it is necessary, the signing of the Supplementary Terms, thus completing, the engagement procedure. Only after the acceptance of the last contractual document forming the Contract of Engagement, configured between UNGUESS and the Tryber Special, will the services covered by the Campaign be executed. In this sense, the Tryber Special will be entitled to the consideration performance by UNGUESS, i.e., payment of the fee, only if the Tryber Special's performance is provided in a timely manner and if it is found to comply with all the requirements and conditions specified in the Test Manual, qualifying, therefore, as a Compliant Performance and not an Improper Performance. Therefore, once the Tryber Special has performed its performance UNGUESS will conduct appropriate verification of the Tryber Special's performance with respect to each individual Campaign. The final approval will be provided by UNGUESS directly on the Tryber's Account, once the outcome produced in the Tryber's performance of the Activities has been verified, making the remuneration, initially credited as a reserve, available on the Tryber's Account.
The Tryber Special will destroy "Data" made available after the completion of the project. This also applies to applications that have been explicitly made available as apps.

5) MANAGEMENT OF THE SELECTION AND ENGAGEMENT OF THE RESEARCHER OF SECURITY FOR THE CAMPAINGS

The Tryber regularly enrolled in the platform, and in possession of particular skills in the field of cybersecurity, included within their tryber profile, are invited by UNGUESS to participate in the selection process to become a Security Researcher, being able, in this way, to apply to appropriate Campaign that has as its subject Security .
The aspiring Security Researcher, identified by UNGUESS, will receive from the internal UNGUESS team an email containing a profiling form aimed at assessing the candidate's skills and professional profile. During the profiling step, the candidate has the opportunity to indicate any certifications in the 'cybersecurity field held, as an optional and certifying requirement. Once the profiling form is completed, and sent by email, the UNGUESS team proceeds to evaluate the candidacy based on the answers provided in the profiling form, and in case these answers are in accordance with the requirements sought for the conduct of Security Campaigns , the candidate researcher becomes approved Security Researcher.
The approved Security Researcher, before he/she can be hired for Security-related Campaigns, must undergo appropriate identity verification. As such, the approved researcher will receive an email from the UNGUESS team containing a link to proceed to KYC verification (identity verification procedure through specific global identity verification service providers Shufit Pro, Award-winning Global Identity Verification Platform). If through the identity verification, conducted by the aforementioned providers, the Security Researcher can be identified, the approved researcher becomes a verified Security Researcher, automatically and instantly obtaining verified status, and thus being able to be engaged for Security-related Campaigns.
The Security Researcher, once the respective approval and verification procedures have been completed, will be able to view the Campaigns that have Security Activities as their object and apply for them. In addition, only if he/she possesses the specific characteristics indicated by the 'Offer of Engagement, contained in the description of the individual Campaign, may he/she be engaged to carry out the activities that are the subject of the Campaign itself
To the Security Researcher who passes the selection stage to participate in the individual Campaign, will be submitted the Test Manual (and in case Supplementary Terms are also required) whose acceptance is a necessary condition for his or her actual participation in the individual Campaign, thus becoming an official Security Researcher.
UNGUESS is committed to providing the Testing Manual in a way that allows the Tryber full and informed acceptance of the Activities(e.g., number of accesses in the server, number of feedbacks to be provided, and relevant useful timelines).
The acceptance of a Campaign by the Security Researcher will take place with the acknowledgement and acceptance of the Test Manual, in addition in the only case it is necessary, of the signature of the Supplementary Terms, thus completing, the engagement procedure. Only after the acceptance of the last contractual document forming the Contract of Engagement, configured between UNGUESS and the Security Researcher, will the services covered by the Campaign be executed. In this sense, the Security Researcher will be entitled to the consideration performance by UNGUESS, i.e., payment of the fee, only if the Security Researcher's performance is provided in a timely manner and if it is in compliance with all the requirements and conditions specified in the Testing Manual, qualifying, therefore, as a Compliant Performance and not an Improper Performance. Therefore, once the Security Researcher has performed his or her performance UNGUESS will conduct appropriate verification of the Security Researcher's performance with respect to each individual Campaign. The final approval will be provided by UNGUESS directly on the Tryber's Account, once the outcome produced in the Tryber's performance of the Activities has been verified, making the remuneration, initially credited as a reserve, available in the Tryber's Account.
The Security Researcher will destroy "Data" made available after the completion of the project. This also applies to applications that have been explicitly made available such as apps.

6. GUARANTEES, COMMITMENTS AND RESPONSIBILITIES OF THE TRYBERS DURING THE EXECUTION OF CAMPAIGNS

The Tryber agrees to maintain secrecy with respect to third parties regarding the data and information of which it has become aware in connection with the execution of a Campaign, and to use this information exclusively for the purposes of performance. As provided in Article 9 below, which provides for the 'obligation of confidentiality on the part of the Tryber.
The Tryber declares and warrants that throughout the duration of the Campaign the execution of the Activity will take place in compliance with the laws in force in Italy, the regulations and rules of the European Community, as well as the laws, regulations and instructions of the Supervisory Authorities specific to the banking, financial and insurance sector applicable to the Activities themselves and, therefore, in full compliance with the regulations from time to time in force.
In particular, any results of the Tryber's work protected by the laws of the Italian legal system and international copyright laws will belong exclusively to UNGUESS. Specifically, UNGUESS is granted the right of exclusivity in the use of the results of the work performed by the Tryber in relation to the Activities commissioned through said platform. Specifically, upon completion of the Tryber's work, the exclusive right of use will be transferred to UNGUESS.
In particular, the Tryber guarantees respect for and compliance with the provisions regarding third party copyrights, moral rights, other trademark rights, or any other relevant right under Italian law. The Tryber shall be responsible for the reimbursement of any expenses that may arise for UNGUESS as a result of claims for damages from third parties and justified in connection with content created by the Tryber itself. This shall not apply if the Tryber proves that he/she is not liable for any infringed rights and that he/she acted in good faith and not with willful misconduct, gross negligence, or fault, deriving the infringement from a cause not attributable to him/her. It is expressly noted that UNGUESS reviews the services provided by the Tryber as part of quality assurance measures, particularly with regard to copyright infringement.
The Tryber is aware of the liability that may arise from the Activities and by accepting these T&Cs agrees to bear the attendant risks involved. The Tryber, therefore, also expressly accepts any possible financial and other consequences directly or indirectly connected with the Activities performed by him. In the case, however, of liability that is not intentional on the part of the Tryber and not even characterized by gross negligence (gross negligence includes situations so gross that they could have been avoided by anyone with a minimum of care) there is a limitation of liability corresponding to a ceiling equivalent to 10 times the value of the consideration due for the execution of the Activities. If, however, a different ceiling is indicated within the Offer of Engagement or any Supplementary Terms, where provided, in relation to the nature of the specific Activities to be performed, the ceiling specifically indicated within the same Offer of Engagement or any Supplementary Terms shall prevail.
Specifically, the Parties agree that UNGUESS will only be liable for facts for which it is directly responsible due to willful misconduct or gross negligence ( facts caused intentionally or caused by situations so gross that they could have been avoided by anyone with a minimum of care) with specific exclusion of any other circumstances
This assignment, which for the Tryber qualifies as an autonomous activity in the service of UNGUESS, may be carried out either on an occasional or habitual basis, without any form of subordinate work on the part of UNGUESS or its clients, guaranteeing, therefore, only the final result, and being able, therefore, to organize its work program autonomously. Such organization, managed autonomously by the Tryber, must not, however, jeopardize the achievement of the agreed final result, on account of which UNGUESS may, therefore, agree with the Tryber, through the said platform, certain aspects relating to the execution of the activities, in order to see compliance with the result obligation typical of the final result obligation assumed .
The Tryber hired occasionally without a VAT number for the individual Campaign, prior to the collection of the fee, will be required to notify UNGUESS if he/she has obtained more than 5,000.00 euro (gross) annually in fees, for activities of the same nature as the one being hired, received from other principals during the same year. If so, the Tryber will be triggered by the legal obligation to open a VAT number and UNGUESS will be able to disburse the compensation to the Tryber only after the latter has issued an invoice.
The Tryber undertakes to comply, in the execution of the Campaign, not only with the principles of conduct contained in the UNGUESS Code of Ethics (accepted at the time of registration in the platform), but also with the contents of the 231 Organizational and Management Model (hereinafter Model 231, of which the Code of Ethics is an integral part, and which can be consulted at the following link: https://unguess.io/it/modello-231/ ) adopted by the Company in order to prevent the commission of the offenses provided for in Legislative Decree 231/2001. Failure to comply with the UNGUESS Code of Ethics, and Model 231, is one of the causes of contractual termination pursuant to and for the purposes of art. 1456 of the Civil Code and entails the imposition of appropriate disciplinary sanctions (provided for by the sanction system of the same Model 231) with respective claim for damages ex art. 1218 Civil Code.
The Tryber agrees to comply, only from the exact moment it is selected for a Campaign, with the 30-day notice obligation for the exercise of unilateral termination, provided to both Parties, and to guarantee the performance of activities until the effective date of the termination. In the event, however, of the Tryber's failure to comply with the notice obligation, UNGUESS shall be entitled to obtain from the Tryber compensation as a penalty equal to 50% of the value of the gain that UNGUESS would have obtained from its Partner from the provision of the services covered by the Campaign . The value of such indemnification may be diminished at the sole will of UNGUESS and at its complete discretion, only where it deems it necessary in view of the actual damage done and the Tryber's actual economic capabilities .

7) COMPENSATION

Once the Tryber has completed the activities covered by the Campaign , a provisional credit note is issued, in accordance with the terms specified in the Campaign description, to the Account. Upon final approval of the Tryber's work, by UNGUESS , the provisional credit note is converted to Booty on the Tryber's Account in accordance with the terms of remuneration specified in the Description of Activities.
The Tryber must collect the amount credited to his or her account by submitting the appropriate payment request within 12 months of uploading the note itself within the appropriate portfolio section. Unguess provides the essential 12-month deadline for the Tryber's payment request in order to prevent, internally within the company, economic/financial issues due to the accumulation of excessively onerous sums. Finally, once the deadline has expired, the Tryber will have nothing more to claim under any title, except for a remittance in bonis/in terms in case of a cause not attributable to the Tryber .
The Tryber can check the status of credit notes on his or her Account at any time.
The payment will be subject to the provision of all relevant information for the issuance of an invoice in the case of Tryber with a VAT number, or the issuance of a simple receipt in the case of Tryber on whom the burden of VAT number does not fall . In both cases, Trybers will be able to receive the fee either through the online payment system Paypal, or by indicating their IBAN

8) DATA PROTECTION

UNGUESS has the right to collect, process, and use the data received from the Tryber both in reference to the Tryber's enrollment, profiling, and selection phase and in reference to the execution of the Activities that are the subject of the specific Campaign, all in accordance with legal provisions and to the extent strictly necessary for the proper management of the entire engagement relationship between the Tryber and UNGUESS . No data will be transferred to third parties by UNGUESS without the express consent of the Tryber, unless UNGUESS itself is authorized or obligated to do so by law. For a detailed description of the privacy provisions, please refer to the Privacy Policy which must be accepted by the Tryber, separately from these T&Cs, at the time of registration .

9) OBLIGATION OF CONFIDENTIALITY

Obligations and restrictions:
the Tryber shall not disclose any Confidential Information to any third party of which it has become aware during its relationship with UNGUESS or its Partners, with the exception of those individuals who must be made aware of said information for the proper and complete performance of the Activities and who are otherwise aware of the Tryber's confidentiality obligations to UNGUESS and its Partners;
Confidential Information may be disclosed, reproduced, summarized or distributed only within the scope of the individual Campaign, unless otherwise provided;
the Tryber will keep the Confidential Information shared by UNGUESS or Partners within the Campaigns secure;
The Tryber will not use the Confidential Information shared for any purpose outside the purpose/purpose of the Activities, with particular reference to all that documentary material marked with the Company's trademark.
the Tryber will not disclose to third parties, even after the conclusion of the aforementioned testing activity, any data, production techniques, patents, inventions, work procedures or other news of which he/she has become aware during the constancy and occasion of the Campaign itself, thus information and data not only belonging to UNGUESS but also to third parties, such as the company owning the Know How shared during the Campaign itself and namely the Partners
Rights and remedies:
The Tryber shall return all originals, copies, reproductions, and summaries of Confidential Information, upon request of UNGUESS, or certify that they have been destroyed;
the Tryber shall indemnify and hold harmless UNGUESS and each of their officers, directors, employees, agents and licensees , from and against any and all losses, claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) that in any way arise from a breach of confidentiality directly or indirectly attributable to him or her;
in addition, the Tryber will provide UNGUESS with all assistance and cooperation requested in the event of any complaint or dispute on the subject.

10) INDEPENDENCE BETWEEN THE PARTIES

Nothing in the T&Cs shall be construed to constitute either party as a partner, joint venturer, agent or employee of any other party, nor shall either party have the authority to bind the other in any way, it being understood that each party shall remain an independent contractor responsible for its own actions.

11) SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties and each of their respective successors.
Neither party to the dispute may assign its rights or obligations hereunder.

12) SEPARABILITY

Any provision of the T&C that is invalid, illegal, or unenforceable shall be, ineffective to the extent of such invalidity, illegality, or unenforceability, without affecting in any way the remaining provisions or rendering such or any other provision of the T&C invalid, illegal, or unenforceable.

13) APPLICABLE LAW AND JURISDICTION

The T&Cs and, therefore, all contractual documents forming the entire Contract of Engagement, represented, therefore, also by the provisions contained in the 'Offer of Engagement, the Test Manual and any and optional Supplementary Terms, shall be governed by and construed, including with reference to any conflict of law provisions, in accordance with the laws of the Italian state.
In the event of disputes arising out of or in connection with this Engagement Agreement, the parties shall submit the dispute to the ordinary mediation procedure pursuant to Legislative Decree 28/2010. The application for mediation will be filed with the mediation body, among those listed in Article 16 of Legislative Decree 28/2010, in the place of the judge territorially competent for the dispute. In the event that the dispute is not resolved on the basis of such mediation procedure within 60 days of the submission of the mediation application, or within the different period of time that the parties may agree in writing, such dispute will be submitted to ordinary trial and referred exclusively to the Cremona Court.

14) DISCLAIMERS

No delay or omission on the part of either party affected by the T&Cs in requiring performance of any obligation of the other party herein provided, or in exercising any right under the T&Cs, shall constitute a waiver of any provision or of any right or rights hereunder. The waiver, omission, or delay in requiring the performance or exercise of any right provided herein shall not be construed as an implied hindrance or waiver of such performance or right, or of any right or remedy under the T&Cs.

15) NOTICES AND COMMUNICATIONS

Any official communications and/or requests stipulated in the T&Cs must be sent by registered or certified mail addressed as follows:
‍
UNGUESS srl
via del Chiesotto 4,
26100 Cremona (CR),
Italy

alternatively

pec: lucamanara@pec.it

‍The User and the Tryber may at any time ask for clarification or clarification, with particular reference to T&Cs, by writing to one of the following addresses: legal@unguess.io; support@tryber.me; info@unguess.io.
‍UNGUESS is committed to respond within a time frame of 3 (three) working days, barring emergencies.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Tryber declares that he/she has read, understood and expressly accepts, the entire contents of the aforementioned Terms and Conditions, and in particular: art. 7. "COMPENSATION" in relation to paragraph 2. ; art. 6. "WARRANTIES, COMMITMENTS AND RESPONSIBILITIES OF TRYBER FOR THE PERFORMANCE OF CAMPAIGNS " in relation to paragraph 5 and paragraph 10 .