Terms and Conditions for Consumer Customers
General Terms and Conditions for Users
SCOPE AND DEFINITIONS
- These general contractual terms (the “General Terms”) set out the terms and conditions governing the provision of the services offered by 4books S.R.L., with registered office at Via del Tiratoio 1, 50124 Florence, Italy, VAT and Tax Code: IT10655340965 (the “Company”) and, in particular:
- the service “The Update”, intended to provide periodic updates to its users (the “Users” and, together with the Company, the “Parties”) regarding the most important trends, developments and news in the digital, economic, social and geopolitical sectors (the “Updates”), as well as short audio content on the same topics, sent by the Company from Monday to Saturday inclusive via email (“Audio Pills”), made available by the Company at https://4books.com/en/theupdate (hereinafter, “The Update”) and in the native iOS and Android apps;
- the service “4books” (“4books” and, together with The Update, the “Services”) is aimed at entrepreneurs, managers and professionals who wish to keep up to date with the latest developments in international business publishing, offering them access to reviews of content that the Company considers most interesting for Users (the “Reviews”).
- Premium Users also have access to “Coach AI”, a conversational assistant based on generative artificial intelligence (LLM) systems, accessible through the Platform. The service processes the User’s requests to provide suggestions, summaries and learning paths based exclusively on the 4books knowledge base. The User acknowledges that Coach AI is an artificial intelligence system and not a human interlocutor. The service is classified as a limited- or minimal-risk AI system pursuant to Regulation (EU) 2024/1689 and Law 132/2025. Coach AI is for informational and educational purposes only and supports personal learning (so-called “edutainment”). It does not provide professional, medical, legal, financial or psychological advice. Access to Coach AI is reserved to Users who have an active “Premium” subscription and who are at least eighteen (18) years old.
The Reviews are collected and made available to Users on the website https://4books.com/en, as well as on the 4books application (hereinafter, the page https://4books.com/en/theupdate, the page https://4books.com/en and the application, jointly, the “Platform”).
To use the Services in whole or in part, it is necessary to create an account. The username and password are for personal use only and must be kept confidential. The user acknowledges that they are responsible for all use (including any unauthorized use) of their username and password. Immediately inform our Customer Service if the username or password are lost or stolen, or if you believe that unauthorized access to your account has occurred.
- User rights to use the Services:
Access to the Services. Subject to the user’s compliance with these Terms (including any other applicable terms and conditions), the user is granted limited (“Free”) access to the Services. This Free Access will remain in effect unless and until it is terminated by the user or by 4books, or until the user purchases a paid subscription to the Service (“Premium”).
Premium Users are users who, once registered, choose to take out a paid subscription, thereby being able to access all Services offered by the platform, including Coach AI.
A Free user is a user who, once registered, chooses not to take out a subscription. By accessing the service, the Free user may enjoy only a limited number of contents selected at the sole discretion of “4books”. Coach AI is not available to Free Users.
- Changes and interruptions of the service
The Service and the additional contents included in the Free and Premium profiles are selected and continuously varied by 4books based on its free choices and on the usage rights acquired by it.
With regard to the Free profile, 4books reserves the right to enable or not enable unlimited use of the Service for variable periods of time at its sole discretion, upon notice via pop-up messages or email both of the activation and the subsequent end of the granted use, without this entailing any obligation or commitment of 4books towards the Free user.
4books also has the right:
- to make any changes and improvements to the Service (Free or Premium) deemed necessary, including changes to the Coach AI assistant;
- to temporarily remove unlimited access to the Free Service, without having to provide notice or compensation;
- to permanently discontinue the Service (Free or Premium) without having to pay any compensation whatsoever;
- to inform users of any permanent discontinuation of the Service (Free or Premium) via the Site or through the Application.
- to temporarily suspend Coach AI for maintenance, security updates or force majeure (including the unavailability of third-party services).
Premium Users are users who, once registered, choose to take out a paid subscription, thereby being able to access all Services offered by the platform.
All provisions of the General Terms relating to the Services and to the Contents, as defined below, shall apply to both the Free user and the Premium user, insofar as compatible.
- The General Terms govern the Services, supersede any previous provisions between the Parties not expressly mentioned or attached, and constitute the set of rights and obligations of the Company and the Users.
- The Services consist in providing Users with access, through the Platform, to an archive containing the Updates, the Audio Pills, the Reviews and the responses generated by Coach AI (hereinafter, collectively, the “Contents”), which may contain and/or be accompanied by information, text, photos, videos, graphics, music, audio and other material (hereinafter, the “Materials”). The User may access the Contents through the Platform after having paid the fee referred to in Article 10 below. Coach AI responses are automatically generated by artificial intelligence algorithms and are for informational purposes only.
- In addition to the terms and words defined elsewhere in the General Terms, for the purposes of these General Terms the following definitions apply:
- “Force Majeure Events”: by way of example and without any limiting intent, the following shall be considered force majeure events for the purposes of the General Terms: lockouts, strikes, war, revolt or other military actions, floods, fires, lightning, explosions, accidents, power outages, interruptions, malfunctions or overloads of telephone or data lines, or any other event beyond the Company’s reasonable control;
- “Consumer Code”: Legislative Decree no. 206 of 6 September 2005 on consumer rights;
ENTERING INTO THE GENERAL TERMS
- By clicking the “Subscribe” or “Purchase” button during registration on the Platform or, in any event, by using the Services, the User declares that they have read and expressly accepted the General Terms. The User’s access to the Services and/or the Contents may take place only after registration, unless the Company decides, at its sole discretion, to make available to Users free trial versions of the Services, in which case the User may download a trial version of a Content (the “Demo”). Registration on the Platform will take place after the User has paid for a subscription to the Platform, with a monthly or annual term, specifically and exclusively for the use of one of the Services (the “Subscription”). If the User does not intend to accept even one of the terms and conditions of the General Terms, they are invited to refrain from using the Services and from registering on the Platform.
- The User acknowledges and agrees that the Company reserves the right to amend the General Terms at any time, at its discretion, by informing the User through publication on the Platform. Mere access to or visit of the Platform after the amendment shall constitute full acceptance by the User of the amendment itself. The User therefore acknowledges and agrees that it is their responsibility to periodically check the Platform in order to verify whether any amendments have been made.
COMPLETION OF REGISTRATION AND PAYMENTS
- With specific reference to 4books, the User may try the Service by clicking “Try 4books for free” on a trial basis for seven (7) days, providing the Company with their first name, last name and email address. Registration for the purpose of trying 4books does not entail any commitment on the User’s part to subscribe to a Subscription, and the User remains free to cancel before the end of the seven-day trial period without any charge. If, after the trial period referred to in this article, the User decides to use the Service, they must take out a Subscription under the economic conditions set out in Article 15 and pay in accordance with the methods set out below.
- After any trial period referred to in Article 7 above, in order to access the Contents the User must complete the registration process on the Platform and create their own account therein, which will allow the User to use the Services. In completing the process, the User enters the required data on the registration page, consisting of an email address and a password. After completing the registration process under this article, the User will receive instructions from the Company on how to pay for the 4books Subscription or the The Update Subscription, in order to subsequently use one of the Services.
- The Reviews will be provided in English, while the Updates, although provided in English, will link to articles in English.
- The Contents will be made available to the User by the Company through the Platform and will remain available until the General Terms cease to be effective for any reason, or until the User cancels the purchased Subscription. The User declares and acknowledges that failure to pay the Subscription for the selected Service and/or cancellation thereof will result in the closure of the User’s account on the Platform and the consequent inability for the User to access the Contents.
- In particular, The Update will allow the User to access:
(i) sending of the Updates to the email address provided during registration (on a daily basis from Monday to Friday);
- The price of the monthly Subscription to The Update is set at €8.99 including VAT, while the annual Subscription to The Update is set at €49.99 including VAT. The amount due for the Subscription shall be paid by the User in a single instalment or monthly, depending on the type of Subscription chosen.
- The 4books Subscription is available:
- in the annual plan without Coach AI, priced at €81.96 plus VAT, where applicable, to be paid in full in advance at the beginning of the annual period.
- in the monthly plan without Coach AI, priced at €8.19 plus VAT, to be paid in full in advance at the beginning of the monthly period.
- in the annual plan with Coach AI, priced at €106.55 plus VAT, where applicable, to be paid in full in advance at the beginning of the annual period.
- in the monthly plan with Coach AI, priced at €10.65 plus VAT, to be paid in full in advance at the beginning of the monthly period.
- The User expressly acknowledges and agrees that the Company may, at its sole discretion, suspend and/or interrupt the possibility of purchasing Subscriptions or using the Services, as well as modify such possibilities.
- Upon cancellation of the Subscription, the User will no longer be able to use the purchased Service unless the Subscription is renewed.
- To complete the purchase of the Subscription, the User may pay by credit card and/or other similar electronic payment methods indicated on the Platform.
To proceed with payment using the methods referred to in this article, the User must use the relevant page made available by the Company and enter all data required for invoicing. The User acknowledges and agrees that payments and the entire management of the data necessary to make the payment are fully handled by third parties other than the Company; therefore, for payment terms and conditions, reference is made to the terms and conditions available on the websites of each of the third parties involved.
In the case of payment by credit card, upon completion of the online transaction the relevant payment gateway will authorize the amount relating to the purchase made.
In the event of cancellation of the purchase by the User, the Company will promptly request the cancellation of the transaction and the release of the reserved amount. Release times, for certain types of cards, depend exclusively on the payment gateway system and may last until the card’s natural expiry (the 24th day from the authorization date). Once the transaction has been cancelled, the User acknowledges and expressly agrees that under no circumstances may the Company be held liable for any damages, direct or indirect, caused by a delay in the release of the reserved amount by the payment gateway.
The Company reserves the right to request additional information from the User (e.g., an identity document) or the sending of copies of documents proving ownership of the credit card used. In the absence of the requested documentation, the Company reserves the right not to accept the order.
At no time during the purchase procedure referred to in this article is the Company able to know the information relating to the User’s credit card, which is transmitted via a secure connection directly to the website of the payment gateway managing the transaction. No Company IT archive will store such data. The Company therefore cannot in any case be held liable for any fraudulent or improper use of credit cards by third parties at the time of payment.
- If the User is a consumer (i.e., a natural person who registers for purposes not related to their professional activity, or who does not make the purchase by providing a VAT number reference as defined in Article 3(1)(a) of the Consumer Code—hereinafter, the “Consumer”), once the online purchase procedure has been completed, the Company will send the Consumer, by email, inter alia, the link to these General Terms, which the User shall print or save and in any event keep, in accordance with the provisions of the applicable Consumer Code.
RIGHT OF WITHDRAWAL
- The User has the right to withdraw from the Subscription before its expiry; otherwise, the Subscription will renew automatically.
- To exercise the right of withdrawal, the User must inform the Company of their decision to withdraw from the Subscription by means of a written notice to be sent to Via del Tiratoio 1, CAP 50124, Firenze, Italy and/or by email to: [email protected]. If the withdrawal is communicated to the Company by the 20th day of each month, it shall take effect starting from the immediately following month. Upon receipt of the notice within the above deadline, the Company will refund the Customer within the following 14 working days an amount equivalent to the unused portion of the Subscription period. The refund will be made by reversing the amount charged to the credit card used to purchase the Subscription, unless the Parties have expressly agreed otherwise in writing.
- Following the exercise of withdrawal referred to in the previous article, the User will no longer be able to use the purchased Service.
- The Premium User has the right to disable Coach AI at any time via the account settings, without affecting the right to withdraw from the Subscription or giving rise to any right to additional compensation. The disabling is reversible and the User may re-enable Coach AI at any time.
INTELLECTUAL PROPERTY RIGHTS
- The Contents have also been produced with the support of third parties and are for informational and training purposes only. With regard to responses generated by Coach AI, the User acknowledges that they are produced by third-party artificial intelligence algorithms (OpenAI) and that the User does not claim any intellectual property rights therein. By using the Services, the User expressly acknowledges that what is contained in the Contents may be incomplete, inaccurate, not up to date, or may not meet their needs and requirements.
- By sending texts, questions, suggestions or inputs of any kind (“Prompts”) to Coach AI, the User grants 4books a non-exclusive, royalty-free, worldwide license, limited in time to the duration of this contractual relationship, to use and process such Prompts exclusively in order to: (i) provide the Coach AI service as requested by the User; (ii) monitor, analyze and improve the technical quality of the responses, through processes of aggregated and anonymous data evaluation. 4books further guarantees that the Prompts sent by the User, as well as any personal data contained therein or derived from interactions with Coach AI, will not be used by 4books to train proprietary artificial intelligence models of 4books. With regard to third-party foundation-model providers (such as OpenAI), Prompts are subject to their relevant privacy and confidentiality policies, as specified in the Privacy section of this agreement and in the “Data Processing Agreement” available upon request.
- The User is expressly prohibited from using reverse engineering techniques, prompt injection or other methods aimed at extracting the underlying model, system prompts, or carrying out mass scraping of 4books contents through Coach AI. It is also prohibited to use Coach AI to generate content that infringes third-party intellectual property rights.
- The User acknowledges and agrees that the Contents, as well as the Demos, as well as trademarks, logos, domain names, designs, algorithms, software, and any other material that may be protected by exclusive rights (including source code) and/or any other intellectual property right relating to the Services, the Contents and the Platform (hereinafter, collectively, the “Rights”), are the exclusive property of the Company and/or of third parties that have granted the Company a license to use them, and are protected against unauthorized use, copying and dissemination by the applicable industrial property and intellectual property laws.
- In consideration of payment of the relevant Subscription, the Company will grant the User a licence for a term equal to the duration of the Subscription and conditional upon payment thereof, under which the User may access and use the Contents and the Services solely for personal use and through the Platform. The licence under this article may be revoked by the Company at its sole discretion at any time.
- Except as permitted under the General Terms, the User may not download, copy, use, transfer, rent, sublicense, lend, modify, adapt, attempt to modify or alter the source code, perform reverse engineering, decompile, disassemble or otherwise operate, in whole or in any part, on the Contents and/or the content of the Platform.
- Without prejudice to Article 24 above, nothing contained in the General Terms and/or elsewhere shall be construed as a licence or implied assignment, by acquiescence or otherwise, of the Rights to Users. Any unauthorised and/or non-strictly personal use, copying, reproduction, modification, republication, updating, downloading, posting, transmission, distribution or duplication or any other improper use of the Contents and of anything subject to the Rights by the User is prohibited. As a user of the Service, the User undertakes not to use the Contents and the Rights for unlawful purposes and/or in breach of the General Terms and undertakes not to infringe the Rights of the Company and/or its third-party licensors as described in the General Terms.
- Accordingly, the User hereby undertakes to indemnify and hold the Company harmless from any damage or loss directly or indirectly arising from the User’s use of the Contents and anything subject to the Rights in breach of the General Terms.
- With respect to any Materials included in the Contents, the User accepts and acknowledges that the Company (i) has received from any third-party owners of the Materials the necessary authorisations solely for purposes directly connected with the Services and (ii) cannot provide any warranty as to the accuracy, truthfulness, completeness and originality of such Materials and therefore, by way of example, does not warrant that they do not infringe third-party rights.
USER REPRESENTATIONS AND WARRANTIES
- The User represents and warrants:
- that they have read and understood the General Terms;
- that they have the necessary authority to act for the purposes thereof and have the legal capacity to enter into legally binding contracts;
- that, when registering on the Platform, they have chosen a secure and complex password; and that throughout the term of the relationship arising from acceptance of the General Terms and/or the Subscription: (i) they will keep the password safe and secret; (ii) they will not transfer any part of the Subscription (including, by way of example and not limitation, access to the Contents); (iii) they will not allow third parties to use their account on the Platform; and (iv) they will comply with all applicable laws relating to the management of user accounts;
- that they will refrain from reproducing, duplicating, copying, using, selling, reselling or otherwise exploiting the Contents and the Rights for commercial purposes;
- that they will refrain from any use, direct and/or indirect, of the Services that is unlawful or not in accordance with the General Terms;
- that they will not use so-called spamming systems, chain letters or pyramid selling;
- that they will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats;
- that they will refrain from improper uses of Coach AI, including (a) attempts to circumvent security mechanisms, jailbreak, prompt injection, reverse engineering; (b) extracting data from the Platform via automated tools; (c) generating illegal, offensive, defamatory content or content that infringes third-party rights; (d) entering into Prompts sensitive personal data (health, judicial, political opinions), third-party copyrighted material without authorisation, trade secrets, or requests aimed at generating fraudulent content. Breach of these prohibitions may result in immediate suspension of access to the Coach AI functionality or termination of the contract.
- that they will not use software or other automated or manual mechanisms to copy or access the pages that provide the Services and/or their content.
- The User accepts and acknowledges that, except where expressly specified in the General Terms, the Company makes no representations or warranties, express or implied, regarding the Services.
LIABILITY
- The User accepts and acknowledges that the Company provides no guarantee as to the accuracy or currency of the information in the Contents (Updates, Audio Pills, Reviews) and/or in the Materials. Accordingly, the User may not make any claim against the Company regarding the accuracy of such information.
- The User acknowledges and expressly agrees that:
- 4books and The Update are subscription services dedicated to entrepreneurs, managers and professionals who wish to stay up to date with the latest developments in international business publishing and/or the digital sector through the Reviews, which contain only the main topics addressed in such publications but are in no way intended to replace reading them in full, and through the Updates and Audio Pills. Through the Platform, the Company aims to provide Users solely with educational/informational services which may also guide Users’ purchases, but without any promotional and/or advertising purpose, since the selection of Reviews, Updates and Audio Pills is made by the Company with absolute independence from the authors and/or publishers of the publications and/or the owners of any trademarks that may be mentioned in the Contents themselves;
- the Platform is not intended to provide professional legal, corporate, commercial, tax, etc. advisory services. No personalised advice is provided through the Platform and/or the Services. Any actions taken by Users in any field related, directly or indirectly, to the Services and/or the content of the Reviews and/or Updates and/or Audio Pills are solely attributable to the Users themselves and in no way may the Company be considered responsible for any negative consequences, losses and/or damages arising from legal, commercial, corporate, tax, etc. decisions that Users may take (and/or fail to take) as a result of using the Services;
- any information available on the Platform is of a general nature and constitutes merely the personal opinion of the author of the Reviews and/or of the author of the book reviewed and/or of the author of any Content, and the Company is in no way responsible for statements contained in the Contents. The Company does not carry out any prior and/or subsequent control over the content, quality, truthfulness, accuracy and currency of what is stated and disclosed in the Contents and therefore provides no guarantee in this regard;
- a Review, by its nature, is intended to summarise as concisely as possible the contents of a work, possibly omitting and/or summarising certain details; therefore, the Review may contain discrepancies and/or differences compared to some contents of the original work, also due to translation into a language different from the original, and the Company does not guarantee the completeness of the Review or its correspondence with the original work;
- the Company may in no way be held liable for the results obtained by Users using the Services, whether negative or positive;
- in the event the User breaches the law, third-party rights or the General Terms, the Company may, at its sole discretion, suspend or interrupt the provision of the Services, close the User’s account, prevent access to the Platform or take any other action necessary to protect the Company’s rights.
- The User also agrees that Coach AI is a service based on third-party artificial intelligence algorithms (OpenAI) and therefore: (a) the Company does not guarantee that Coach AI’s responses are accurate, up to date, complete or suitable for the User’s specific needs; (b) the Company is not responsible for temporary interruptions of Coach AI due to maintenance, updates, or unavailability of third-party services; (c) the User may not take relevant actions (legal, financial, medical) relying solely on Coach AI’s recommendations without independently verifying them.
- Except in cases of wilful misconduct or gross negligence, the User acknowledges and agrees that the Company shall not be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including legal fees, suffered and/or incurred by the User in connection with payment of the Subscription and/or, in any case, in connection with the use of the Services.
- By way of example and without limitation, the Company shall not be liable for any damage that may be caused to the User’s computer by any security breach or any virus, bug, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operations or transmissions, failure of computer lines or any other technical or other defect, where such event is related to an Internet transmission initiated through the Platform or otherwise.
- Furthermore, the Company shall not be liable to the User for any delays or failures to perform its obligations in providing the Services where such delays or failures result from Force Majeure Events and/or any other event beyond the Company’s reasonable control.
- The Company is not necessarily affiliated and/or partnered with the natural and/or legal persons who own the websites to which links are provided within the Platform and/or the Contents, and is not responsible in any way for the content of such websites. Such links are provided solely for Users’ convenience and access to such websites is at Users’ discretion and sole responsibility. A link from the Platform or the Contents to any other website does not imply that the Company approves, endorses or recommends that website or has any control over any element of the content of that website.
- However, and to the extent permitted by law, neither the Company nor any of its operators, directors, officers, employees, representatives, subsidiaries, affiliated companies, licensors, agents or other personnel involved in the production, sponsorship, promotion or dissemination of the Contents shall be liable for: (i) direct and indirect damages connected with the use of the Services, including property damage resulting from theft or tampering, damage relating to physical injury, death or otherwise connected with the use of the Service; (ii) direct and indirect damage to honour and reputation suffered during use of the Services; (iii) damages arising from the inadequacy of the information provided by a Content to Users.
INDEMNITY
- The User undertakes to indemnify and hold the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees, harmless from any damage, liability, recourse or claim for compensation, including reasonable legal defence costs, made by third parties as a result of the User’s use of the Contents and the Services in a manner not compliant with the General Terms, and/or breaches of the conditions set forth therein, and/or breach of the representations and warranties contained in the General Terms.
PRIVACY
- In performing its contractual obligations, the Company undertakes to comply with Legislative Decree 196/2003, as amended by Legislative Decree 10 August 2018 no. 101 (the “Code”) and EU Regulation 2016/679 (the “Regulation”, and together with the Code, the “Privacy Legislation”) and, for this purpose, undertakes to adopt all necessary and appropriate physical, logistical and organisational security measures to ensure the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing. Data may be processed only to the extent strictly necessary for the activities to be carried out pursuant to the General Terms.
- The Company respects and protects the privacy of its Users. The Company will not use Users’ personal data for marketing purposes and/or sending commercial communications and/or direct sales without having obtained prior express consent, in compliance with the Privacy Legislation. To better understand how the Company uses Users’ personal data, the User may carefully read the Privacy Notice at the following link: https://4books.com/en/privacy.
- In relation to Coach AI, the User authorises the anonymised transmission of messages sent to Coach AI to OpenAI Inc. (USA) for processing through artificial intelligence algorithms. This transfer takes place pursuant to the standard contractual clauses provided for by the GDPR for transfers of data to third countries. The User also agrees that the ratings (like/dislike) provided on Coach AI’s responses are collected to improve the service.
- By accessing their account, the User may at any time correct, rectify or update their personal data. If the User decides to block and/or delete their profile, all stored data relating to the User will be deleted by the Company. Where complete deletion of the User’s data is not permitted and/or retention of a copy of the information relating to the User is required by law, the data will be blocked in relation to any further processing.
ASSIGNMENT
- The User may not assign, in whole or in part, the General Terms and the Subscription to third parties.
SURVIVAL
- Without prejudice to the provisions regarding amendments by the Company, the General Terms shall remain in force until the User or the Company exercises the right to terminate or withdraw within the time limits provided for in the General Terms.
- The clauses of the General Terms contained in the following paragraphs shall remain valid and effective even after the General Terms cease to be effective: Completion of Registration and payments; User Representations and Warranties; Intellectual Property Rights; Liability; Indemnity; Survival; Governing Law and Jurisdiction; General Provisions.
TERMINATION
- Pursuant to Article 1456 of the Italian Civil Code, the Company may terminate the General Terms with immediate effect by simply sending written notice via certified email (PEC) or registered letter with return receipt to the User, if the User has breached one or more of the following provisions of the General Terms: Completion of Registration and payments; User Representations and Warranties; Intellectual Property Rights; Assignment. In any event, the Company’s right to claim damages is reserved.
GOVERNING LAW AND JURISDICTION
- The General Terms are governed entirely by Italian law.
- Without prejudice to mandatory consumer protection rules on jurisdiction, any dispute arising between the Parties in relation to the validity, interpretation, performance and termination of the General Terms and/or otherwise in connection with the General Terms shall be subject to the exclusive jurisdiction of the Court of Florence, to the exclusion of any other court, whether concurrent or alternative.
GENERAL PROVISIONS
- Any tolerance by the Company of conduct by the User that violates any provision of the General Terms shall not constitute a waiver of the rights arising from the breached provision, nor of the right to require proper performance of all provisions of the General Terms.
- Failure or delay by the Company to exercise a right under the General Terms shall not constitute a waiver of that right.
- The General Terms contain the entire agreement reached by the Parties with respect to their subject matter and prevail over all prior communications, representations and understandings and agreements, whether oral or written, between the Parties.
- Should any term or other provision of the General Terms be declared null, voidable or unenforceable, all other terms and provisions of the General Terms shall nevertheless remain fully valid and effective. If any term or provision is annulled or declared null because it is invalid, contrary to mandatory rules or unenforceable, the Parties undertake to negotiate in good faith to amend the General Terms so as to best reflect the Parties’ original intent and to fulfil, as far as possible, the undertakings set out in the General Terms.
- The Company and the User act in full autonomy and independence. The General Terms do not create any relationship of partnership, agency, association, intermediation or employment between them.
- Any communication from one Party to the other under the General Terms shall be sent by registered letter with return receipt or by email (provided that a delivery/read receipt option is enabled) to the following addresses:
- for the Company: the postal address indicated in the heading to the General Terms; email address: [email protected];
- for the User: the postal address or email address provided to the Company during registration on the Platform, as amended and updated from time to time by the User through their account on the Platform.
Terms and Conditions for Business Customers
Business General Terms
I. SCOPE AND DEFINITIONS
- These general contractual terms (the “Business General Terms”) set out the terms and conditions governing the provision of the services offered by 4books S.R.L., with registered office at Via del Tiratoio 1, 50124 Florence, Italy, VAT and Tax Code: IT10655340965 (the “Company”), to corporate customers (the “Customer” or “Business Customer”) for authorised use by their employees or collaborators (the “Users” or “Authorised Users”) and, in particular:
- - the service “The Update”, intended to provide a periodic update to its users (the “Users” and, together with the Company, the “Parties”) on the most important trends, developments and news in the digital, economic, social and geopolitical sectors (the “Updates”) and short audio content on the same topics, sent by the Company from Monday to Saturday inclusive via email message (“Audio Pills”), will be made available by the Company at the link https://4books.com/en/theupdate (the “The Update”) and in the native iOS and Android apps;
- - the service “4books” (“4books” and, together with The Update, the “Services”) is, instead, a personal growth and micro-learning service aimed at people who wish to focus their development on soft skills, with particular attention to upskilling and reskilling processes. 4books is a tool for those who want to stay up to date and informed about new trends, up-to-date tools and relevant topics through the consultation of excerpts drawn from the best international personal growth titles (the “Excerpts”). The 4books service also includes Coach AI, a conversational assistant based on artificial intelligence, available to the Business Customer’s Authorised Users.
The Excerpts are collected and made available to Users on the website at https://4books.com/en, as well as on the 4books applications (hereinafter, the page https://4books.com/en/theupdate, the page https://4books.com/en and the application are jointly referred to as the “Platform”).
These Business General Terms apply to all Quotations/Agreements and their performance. Any deviation from these Terms is permitted only with the Company’s prior written authorisation or by means of a written agreement between 4books and the Customer.
Use of the services offered by 4books is reserved exclusively to Authorised Users.
For clarity, the following terms shall have the meanings set out below:
Business Customer: any legal entity with which 4books enters into and/or has entered into a legal relationship relating to the provision of the Services.
Agreement: any agreement between the Parties concerning the provision of services by 4books (including Quotations, Proposals and data processing agreements accepted by the Business Customer).
Access Account: a unique account for each User used to access the Service, e.g., through the Platform.
Order confirmation/proposal: the Business Customer’s confirmation relating to the execution of an Agreement with 4books for the provision of services.
Quotation: any quotation, proposal and/or commercial offer issued by 4books to the Business Customer in relation to the provision of any Service or product (customised 4business services), including the provision of online services and related matters.
User or Authorised User: the person employed by or otherwise engaged in the Business Customer’s organisation who holds a personal Access Account intended for use of 4books’ online learning environment and authorised to do so by the Business Customer.
Coach AI: the advanced conversational assistance feature based on generative artificial intelligence systems (LLMs), accessible through the Platform. The service processes the User’s requests to provide suggestions, summaries and learning paths based exclusively on the 4books knowledge base. The User acknowledges that Coach AI is an artificial intelligence system and not a human interlocutor. The service is classified as a limited- or minimal-risk AI system pursuant to Regulation (EU) 2024/1689 and Law 132/2025. Coach AI is intended solely for informational, educational and personal learning support purposes (so-called edutainment). It does not provide professional, medical, legal, financial or psychological advice. Access to Coach AI is available to the Business Customer’s Authorised Users who are at least eighteen (18) years old.
To use the Services in whole or in part, it is necessary to create an Access Account. The username and password are for personal use only and must be kept confidential. The User acknowledges that they are responsible for all use (including any unauthorised use) of their username and password. Immediately inform our Customer Service if the username or password are lost or stolen, or if you believe that unauthorised access to your account has occurred.
- Rights to use the Services by the Business Customer and Authorised Users:
Access to the Services. Subject to an Agreement with the Company, the Business Customer may authorise a defined number of Authorised Users to access the Services. Such access will be governed by specific terms agreed between the Company and the Business Customer and will be subject to the Business Customer’s and Authorised Users’ compliance with these Terms and Conditions (as well as the Terms and Conditions for Consumer Customers at https://4books.com/en/terms-and-conditions). The User is granted an authorisation enabling access to the Services, without usage limits and in any case in accordance with the terms and conditions set out in the Agreement between the Parties.
Coach AI is included in the 4books Services for the Business Customer’s Authorised Users who are at least eighteen (18) years old, provided that the Business Customer has an active “Premium” subscription that includes this feature. The Business Customer is responsible for informing Authorised Users that Coach AI is an AI-based service, of its limitations (see the Privacy section) and of the correct ways to use the service.
This Access will remain in effect unless and until it is terminated by the User or the Business Customer or by 4books.
- Changes and interruptions of the service
The Service and the additional contents included in the profiles activated by the Business Customer are selected and continuously varied by 4books based on its free choices and on the usage rights acquired by it.
4books nevertheless reserves the right to activate or not activate unlimited use of the Service for variable periods of time at its sole discretion, upon notice via pop-up messages or email both of the activation and the subsequent end of the granted use, without this entailing any obligation or commitment of 4books towards the Business Customer’s employee user, even if not included among the Authorised Users, who has expressly requested it.
4books also has the right:
- to make any changes and improvements to the Service deemed necessary, including changes to the Coach AI assistant;
- to permanently discontinue the Service without having to pay any compensation whatsoever, except as provided in the Agreement entered into with the Business Customer;
- to inform users of any permanent discontinuation of the Service (Free or Premium) via the Site or through the Application.
- to temporarily suspend Coach AI for maintenance, security updates or force majeure (including the unavailability of third-party services).
All provisions of these General Terms relating to the Services and to the Contents, as defined below, shall apply to the Authorised User, insofar as compatible.
- These General Terms govern and regulate the Services, supersede any previous provisions between the Parties not expressly mentioned or attached, and constitute the set of rights and obligations of the Company and the Users.
- The Business Customer assumes responsibility for communicating these Business General Terms to its Authorised Users and ensuring that they comply with them. In addition, the Business Customer undertakes to notify the Company immediately of any unauthorised use of the services by Authorised Users.
- The Services consist, on the basis of the Agreement between the Company and the Business Customer, in making available to Users access to an archive on the Platform containing the Updates, the Audio Pills, the Excerpts and the responses generated by Coach AI (hereinafter, collectively, the “Contents”), which may contain and/or be accompanied by information, text, photos, graphics, music, audio and other material (the “Materials”). A User holding a personal Access Account may use the Contents through the Platform after the Business Customer has entered into the Agreement and in accordance with its terms. Coach AI responses are automatically generated by artificial intelligence algorithms and are provided solely for informational purposes.
- In addition to the terms and words defined elsewhere in these General Terms, for the purposes of these General Terms the following definitions apply:
- “Force Majeure Events”: by way of example and without any limiting intent, the following shall be considered force majeure events for the purposes of these General Terms: lockouts, strikes, war, revolt or other military actions, floods, fires, lightning, explosions, accidents, power outages, interruptions, malfunctions or overloads of telephone or data lines, or any other event beyond the Company’s reasonable control;
- “Consumer Code”: Legislative Decree no. 206 of 6 September 2005 on consumer rights;
II. ENTERING INTO THE GENERAL TERMS
- By registering on the Platform or otherwise directly using the Services, the Authorised User declares that they have read and expressly accepted these Terms and Conditions (for Business Customers) as well as the Terms and Conditions (for Consumer Customers). Access to the Services and/or the Contents by the Authorised User may take place only after registration. Registration on the Platform will occur after the Business Customer signs the Agreement and provides the Company with the list of Authorised Users; the details, duration and costs for use of the chosen Service (the “Subscription”) will be defined in the Agreement between the Company and the Business Customer. If the Authorised User does not intend to accept even one of the clauses of the Terms and Conditions, they are invited to refrain from using the Services and from registering on the Platform.
- The Business Customer and the Authorised User acknowledge and accept that the Company reserves the right to amend the Terms and Conditions at any time, at its sole discretion, by notifying the Business Customer and the Authorised User through publication on the Platform. Any mere visit to the Platform after such amendment shall constitute full acceptance by the User of the amendment. The Business Customer and the Authorised User therefore acknowledge and accept that it is their responsibility to periodically check the Platform to verify whether any changes have been made.
III. COMPLETION OF REGISTRATION AND PAYMENTS
- After execution of the Agreement, the Business Customer will send 4books the list of names and related email addresses to which a 4books Subscription is to be associated. Accordingly, in order to access the Contents, the User must complete the registration process on the Platform and create their own account, which will allow the User to use the Services.
In completing the process above, the User enters the required data on the registration page, consisting of an email address (the same one provided by the Business Customer to 4books) and a password (chosen by the individual). After completing the registration process referred to in this article, the Authorised User may use one of the Services under the Subscription chosen by the Business Customer.
- Users may decide whether to view both the app and the contents in English or in another language, if available. With regard to the Updates (The Update), they will have a short version displayed in the selected available language, but will link to the original articles.
- The Contents will be made available to the User by the Company through the Platform and will remain available until the Agreement ceases to be effective, for any reason, or until cancellation of the Subscription purchased by the Business Customer. The User declares and acknowledges that failure to pay for the Subscription for the chosen Service and/or cancellation thereof will result in closure of the User’s account on the Platform and the consequent inability for the User to access the Contents.
- In particular, The Update will allow the User to benefit from:
(i) delivery of the Updates to the email address provided during registration (daily, from Monday to Saturday);
The Subscription price, including the terms and methods of payment, is determined in the executed Agreement (commercial proposal and confirmation) and relates to the 4books 4business service chosen by the Business Customer.
- The Business Customer and the User expressly acknowledge and accept that the Company may, at its sole discretion, suspend and/or interrupt the ability to purchase Subscriptions or to use the Services, as well as modify such options.
- Upon cancellation of the Subscription, it will no longer be possible for the User to use the Service for which they were authorised and which was purchased by the Business Customer, unless it is renewed.
- To finalise the purchase of the Subscription, the Business Customer may pay using the payment methods indicated in the executed Agreement.
To proceed with payment using the payment methods referred to in this article, the Business Customer must communicate by email to the Company the data required for invoicing, unless it is exempt because such data was already indicated in the Agreement executed with the Company. The Business Customer acknowledges and accepts that payments and the entire management of the data necessary to make payment are handled entirely by third-party companies other than the Company; therefore, for payment conditions reference is made to the terms and conditions available on the websites of each of the third parties involved.
IV. TERM AND RIGHT OF WITHDRAWAL
- Unless otherwise agreed in the executed Agreement, the Service has an initial term of one (1) calendar year from the date it actually enters into force. At the end of the initial term, the contract will automatically renew for successive one (1) year periods, unless one of the contracting parties gives notice of withdrawal.
- Each party has the right not to renew the executed Agreement by sending a notice of withdrawal by certified email (PEC) to the other party at the addresses indicated in the Agreement or subsequently communicated. Such notice must be sent no later than thirty (30) days before the expiry date of the current annual contractual period. The notice of withdrawal must specify the intention not to renew the Agreement and the effective termination date, which may not be earlier than the expiry of the current contractual period.
- In the absence of a withdrawal notice within the time limits and in the manner described above, the Agreement will automatically renew in accordance with the terms and conditions set out therein, subject to any modifications agreed in writing between the parties.
- As a result of exercising the withdrawal right referred to in the previous article, the Business Customer and the User will no longer be able to use the purchased Service.
- The Business Customer or the User has the right to disable Coach AI at any time via the account settings, without affecting the right to withdraw from the Subscription and without any entitlement to additional compensation. Disabling is reversible and the Business Customer or the User may re-enable Coach AI at any time.
V. INTELLECTUAL PROPERTY RIGHTS
- The Contents have also been created with the support of third parties and are intended solely for informational and training purposes. With regard to responses generated by Coach AI, the User acknowledges that they are produced by third-party artificial intelligence algorithms (OpenAI) and that the User does not claim intellectual property rights in them. The User undertakes not to republish, distribute, sell or use Coach AI responses for commercial purposes, nor to extract data from the Platform via scraping or automated tools. By using the Services, the Business Customer and the User expressly acknowledge that the Contents may be incomplete, inaccurate, not up to date or may not meet their needs and requirements.
- By submitting texts, questions, suggestions or inputs of any kind (“Prompts”) to Coach AI, the User grants 4books a non-exclusive, free, worldwide licence, limited in time to the duration of this contractual relationship, to use and process such Prompts solely in order to: (i) provide the Coach AI service as requested by the User; (ii) monitor, analyse and improve the technical quality of the responses, through aggregated and anonymised evaluation processes. 4books also guarantees that the Prompts sent by the User, as well as any personal data contained in them or derived from interactions with Coach AI, will not be used by 4books to train 4books’ proprietary artificial intelligence models. With regard to third-party foundation model providers (such as OpenAI), Prompts are subject to their respective privacy and confidentiality policies, as specified in the Privacy section of this contract and in the “Data Processing Agreement” document available upon request.
- The User is expressly prohibited from using reverse engineering, prompt injection, or other methods aimed at extracting the underlying model, system prompts, or mass scraping of 4books content using Coach AI. The use of Coach AI to generate content that infringes third-party intellectual property rights is also prohibited.
- The Business Customer and the User acknowledge and accept that the Contents, as well as the Demos, as well as trademarks, logos, domain names, designs, algorithms, software, and any other material that may be subject to proprietary rights (including source codes) and/or any other intellectual property rights relating to the Services, the Contents and the Platform (hereinafter, collectively, the “Rights”), are the exclusive property of the Company and/or third parties who have granted a license to use them to the Company, and are protected against unauthorized use, copying and dissemination by the legislation on industrial property rights and intellectual property.
- Upon payment of the relevant Subscription, the Company will grant the Business Customer and the Authorized User a license for a duration equivalent to the duration of the Subscription and subject to payment thereof, through which the Authorized User may use the Content and Services, exclusively for personal use and through the Platform. The license referred to in this article may be revoked by the Company at its sole discretion.
- Except as permitted in the Terms and Conditions, the Business Customer and the User may not download, copy, use, transfer, rent, sublicense, loan, modify, adapt, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate on, in whole or in any part, the Content and/or the content of the Platform.
- Except as provided in Section 24 above, nothing contained in these Terms and Conditions and/or elsewhere should be construed as a license or transfer, by implication or otherwise, of Rights to Business Customers and Users. Unauthorized and/or non-personal use, copying, reproduction, modification, republication, updating, downloading, posting, transmission, distribution, duplication, or any other misuse of the Content and all other matters covered by the Rights by the Business Customer and/or the User is prohibited. The Business Customer and, as a user of the Service authorized by the Business Customer, the User agrees not to use the Content and Rights for unlawful purposes and/or in violation of the Terms and Conditions and agrees not to violate the Rights of the Company and/or its third-party licensors as described in the Terms and Conditions.
- The Business Customer and the Authorised User undertake to indemnify and hold the Company harmless from any damage or loss, directly or indirectly arising from any use of the Contents and anything subject to the Rights in breach of these Business General Terms.
- With respect to any Materials included in the Contents, the Business Customer and the Authorised User accept and acknowledge that the Company (i) has received from any third-party owners of the Materials the necessary authorisations solely for purposes directly connected with the Services and (ii) cannot provide any warranty as to the accuracy, truthfulness, completeness and originality of such Materials and therefore, by way of example, does not warrant that they do not infringe third-party rights
VI. RELEASE FOR THE USE OF LOGOS/TRADEMARKS AND LINK TO THE BUSINESS CLIENT'S WEBSITE
- By signing the Agreement and for the entire duration of the contractual relationship as specified in the Article relating to the Duration of this contract, the Business Customer grants 4books the non-exclusive right to use its trademarks, logos, and the link to the Business Customer's company website, for all needs related to the creation and promotion of the Services covered by this Proposal.
- This concession includes, without limitation, the right for 4books to include the Client's name, trademarks and logos, and a brief description of the services offered by 4books in commercial and promotional communications, both in print and digital media, including but not limited to social media and websites. 4books' use of the Logos/Trademarks and the link to the Business Client's website is granted free of charge. 4books will not owe the Client any compensation for the use of the aforementioned elements in the manner described in this article.
- The Business Customer represents and warrants that the logos, trademarks, and the link to the company website covered by this license are its property or that it holds all necessary rights and authorizations for their use in the context of this agreement and that such use will not infringe the rights of third parties. This license does not imply the transfer of any intellectual property rights from the Customer to 4books, such rights remaining the exclusive property of the Customer.
VII. REPRESENTATIONS AND WARRANTIES OF THE BUSINESS CUSTOMER AND THE USER
- The Business Customer undertakes to ensure that the Authorized Users use the Services in accordance with these Business General Terms and Conditions and assumes full responsibility for any breach thereof by the Authorized Users.
- The Business Customer is responsible for managing access Accounts. The termination of an employee’s employment relationship with the Business Customer shall, following notice by the Business Customer, result in the interruption of access to the services offered by 4books and the consequent deletion of the relevant access Account. The Business Customer undertakes and is obliged to promptly notify the Company of the corporate email address used to register the employee whose employment relationship has ended, so as to enable the Company to interrupt access to the services. In the absence of such notice, the access Account will continue to be counted in the number of users actually active for the purposes of the Subscription taken out by the Business Customer.
- The Business Customer represents and warrants also that the Authorized User:
- has read and understood these Terms and Conditions;
- has the necessary powers to act for the purposes hereof and has the legal capacity to act and to enter into legally binding contracts;
- during registration on the Platform, chose a secure and complex password; and that for the entire duration of the relationship arising from the acceptance of the General Terms and/or the Subscription: (i) will keep the password safe and confidential; (ii) will not transfer any part of the Subscription (by way of example and without limitation, access to the Content); (iii) will not allow third parties to use their IT account within the Platform; and (iv) will comply with all applicable laws relating to the management of IT accounts;
- will refrain from reproducing, duplicating, copying, using, selling, reselling and, in any event, commercially exploiting the Content and the Rights;
- will refrain from any use, direct and/or indirect, of the Services that is unlawful or not compliant with what is provided for in the General Terms;
- will not use so-called spamming systems, chain messages or pyramid selling;
- will not disseminate viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats;
- will not use software or other automatic or manual mechanisms to copy or access the pages offering the Services and/or their content.
- will refrain from improper uses of Coach AI, including (a) attempts to circumvent security mechanisms, jailbreaks, prompt injection, reverse engineering; (b) extraction of data from the Platform through automated tools; (c) generation of illegal, offensive, defamatory content or content that infringes third-party rights; (d) entering into Prompts sensitive personal data (health-related, criminal/justice data, political opinions), third-party copyrighted material without authorization, trade secrets, or requests aimed at generating fraudulent content. Breach of these prohibitions may result in the immediate suspension of access to the Coach AI feature or termination of the contract.
- assumes full responsibility for any action, omission or conduct of the users authorized by the Business Customer in using the Services, ensuring that such users have been adequately informed and comply with all applicable provisions of the General Terms, as well as with all relevant laws and regulations. The Business Customer undertakes to indemnify and hold the Company harmless from any loss, damage, liability, claim or expense (including reasonable legal fees) arising out of or in connection with any act or omission of such Authorized Users.
- In addition to the prohibitions provided for consumers, the Authorized User undertakes not to enter into Prompts: confidential corporate information, trade secrets or proprietary data of the Business Customer or of third parties, unless the Business Customer has obtained all necessary authorizations and is aware of the risks associated with sharing such information with an external AI system.
The Business Customer and the Authorized User may use the outputs generated by Coach AI exclusively for internal and non-commercial purposes.
- The Business Customer and the User accept and acknowledge that, unless expressly specified in the General Terms or in the Agreement, the Company makes no representation or warranty, express or implied, regarding the Services.
VIII. LIABILITY
- The Business Customer and the User accept and acknowledge that the Company provides no warranty as to the accuracy or updating of the information contained in the Content (Updates, Audio Pills, Reviews) and/or in the Materials. Therefore, the Business Customer and the User may not assert any claim against the Company regarding the accuracy of such information.
- The Business Customer and the User acknowledge and expressly accept that:
- 4books and The Update are subscription services aimed at those who wish to focus their growth on the development of Soft Skills, with particular attention to Upskilling and Reskilling processes. 4books and The Update are tools aimed at those who wish to stay up to date and informed about new trends, state-of-the-art tools and relevant topics by consulting excerpts from the best international personal growth books (the “Excerpts”) containing only the macro-topics addressed in such publications, without in any way seeking to replace reading them in full, and through the Updates and the Audio Pills. Through the Platform, the Company intends to provide Authorized Users exclusively with informational services which could also steer potential purchases by Authorized Users, but without any promotional and/or advertising purpose, since the selection of the Excerpts, the Updates and the Audio Pills is made by the Company with absolute independence from the authors and/or publishers of the publications and/or from the owners of any trademarks mentioned in the Content;
- the Platform is not intended to provide professional legal, corporate, commercial, tax, etc. consulting services. Through the Platform and/or the Services, no personalised advice is normally offered, unless this is expressly provided for in the Agreement governing the relationship with the Business Customer. Any actions taken by the Business Customer and/or Users in any area connected, directly or indirectly, to the Services and/or the content of the Excerpts and/or Updates and/or Audio Pills are solely attributable to the Business Customers and the Users themselves, and in no event may the Company be deemed responsible for any negative consequences, losses and/or damages arising from any legal, commercial, corporate, tax, etc. choices that may be made (and/or not made) by the Business Customers and/or Users as a result of using the Services;
- any information available on the Platform is of a general nature and constitutes the mere personal opinion of the author of the Excerpts and/or the author of the book from which the Excerpt has been produced and/or the author of any Content, and the Company is in no way responsible for what is stated within the Content. The Company does not carry out any prior and/or subsequent checks regarding the content, quality, truthfulness, accuracy and updating of what is stated and disseminated in the Content and, therefore, provides no warranty in this regard;
- an Excerpt, by its nature, is intended to summarise as concisely as possible the contents of a work, also omitting and/or summarising certain details; therefore, the Excerpt may present discrepancies and/or differences compared to certain contents of the original work, including due to the translation of such contents into a language different from the original, and the Company does not guarantee the completeness of the Excerpt or its conformity with the original work;
- the Company cannot in any way be held responsible for the results obtained by Authorized Users using the Services, whether negative or positive;
- in the event of a breach by the Business Customer and/or the User of the law, third-party rights or the General Terms, the Company may, at its sole discretion, suspend or interrupt the provision of the Services, close the User’s account, prevent access to the Platform or take any other action useful to protect the Company’s rights.
- The User further accepts that Coach AI is a service based on third-party artificial intelligence algorithms (OpenAI) and therefore: (a) the Company does not guarantee that Coach AI’s answers are accurate, up to date, complete or appropriate to the User’s specific needs; (b) the Company is not responsible for temporary interruptions of Coach AI due to maintenance, updates, or unavailability of services provided by third parties; (c) the User may not take relevant actions (legal, financial, medical) based solely on Coach AI’s recommendations without independently verifying them.
- Except in cases of wilful misconduct or gross negligence, the Business Customer and the User acknowledge and accept that the Company shall in no event be liable to the Business Customer and the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, incurred and/or borne by the Business Customer and/or the User in connection with the payment of the Subscription and/or, in any case, in connection with the use of the Services.
- By way of example and without limitation, the Company shall not be liable for any damage that may be caused to the User’s computer as a result of any breach of security or any virus, bug, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operations or transmissions, failure of computer lines or any other technical or other defect, where such event is related to the Internet transmission initiated through the Platform or otherwise.
- Furthermore, the Company shall in no event be liable to the Business Customer and the User for any delays or failures to perform its obligations in providing the Services where such delays or failures arise from Force Majeure and/or any other event beyond the Company’s reasonable control.
- The Company is not necessarily affiliated and/or partnered with the natural and/or legal persons owning the websites to which links may exist within the Platform and/or the Content and is not liable in any way for the content of such websites. Such links are provided solely for the convenience of Authorized Users and access to such sites is at the discretion and sole responsibility of the Authorized Users. A link from the Platform or the Content to any other website does not imply that the Company approves, endorses or recommends such website in any way, or that it has any control over any element of the content of such website.
- In any case, and to the extent permitted by law, neither the Company nor any of its operators, managers, employees, representatives, branches, affiliated companies, licensees, agents or other personnel involved in the production, sponsorship, promotion or dissemination of the Content shall be liable for (i) direct and indirect damages connected with the use of the Services, including property damage arising from theft or tampering, damages relating to physical injury, death or in any way connected with the use of the Service; (ii) direct and indirect damage to honour and reputation suffered during the use of the Services; (iii) damages arising from the inadequacy of the information provided by Content to Users.
IX. INDEMNITY
- The Business Customer undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees, from any damage, liability, recourse or claim for compensation, including reasonable legal defence costs, brought by third parties as a consequence of the use of the Content and the Services by Authorized Users in a manner not compliant with the General Terms, and/or breaches of the conditions set out therein, and/or any breach of the representations and warranties set out in these General Terms. In addition, the Business Customer assumes responsibility for ensuring that all Authorized Users are fully informed and act in compliance with the General Terms, understanding the importance of complying with the applicable regulations and statements provided therein. The Business Customer’s responsibility includes, but is not limited to, supervising the appropriate use of the Services and the Content by the Authorized Users, ensuring that such use does not involve breaches that could expose the Company to legal or financial risks.
- The Business Customer represents and confirms that it has complied with all information obligations towards its employees (Authorized Users) regarding the use of their personal data relating to 4books services and has obtained the necessary consent, or has assessed and identified another lawful legal basis for such processing, in accordance with Article 6 of the GDPR. Such assessment and the choice of the applicable legal basis remain within the exclusive competence and responsibility of the Business Customer. The Business Customer assumes full responsibility for the lawfulness of the processing and undertakes to indemnify and hold 4books harmless from any liability, including compensation for damages, fines, legal costs and expenses, that may arise from complaints or legal actions in relation to failure to comply with such obligations, including an incorrect assessment of the legal basis for processing personal data. The Business Customer therefore undertakes to indemnify, hold harmless and defend the Company from any liability, damage, loss, cost or expense (including, but not limited to, legal fees), claims, legal actions, administrative fines or other legal consequences that may arise from the Business Customer’s failure to comply with information, consent or any other duties under personal data protection laws that are incumbent on the Business Customer vis-à-vis its employees. This clause shall remain in force for the entire duration of the Contract and shall survive its termination for any reason, for the time necessary to resolve any issues arising from failure to comply with the information and consent obligations by the Customer. Should 4books process personal data provided by the Business Customer, in particular of the latter’s employees, it shall be the Business Customer’s responsibility to comply with the applicable laws on the processing of personal data (EU Reg. 2016/679). The Business Customer shall indemnify and hold 4books harmless from any claim arising from breach of the foregoing obligation.
X. PRIVACY
- In performing its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, as amended by Legislative Decree of 10 August 2018 no. 101 (hereinafter, the “Code”) and EU Regulation 2016/679 (hereinafter, the “Regulation”; the Code and the Regulation together, the “Privacy Regulations”) and, to this end, undertakes to adopt any necessary and appropriate physical, logistical and organisational security measures to ensure the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing. Data may be processed only to the extent strictly necessary for the activities to be carried out pursuant to the General Terms.
- With regard to Coach AI, the Business Customer remains the Data Controller of the personal data of its Authorized Users and remains responsible for GDPR compliance when transmitting messages (prompts) to OpenAI Inc. (USA). The transmission takes place pursuant to the Standard Contractual Clauses provided for by the GDPR. The Business Customer undertakes to inform Authorized Users of the transfer of data to OpenAI and of the related risks.
- The Company respects and protects the privacy of its Users. The Company will not use Users’ personal data for marketing purposes and/or sending commercial communications and/or direct sales without having obtained prior express consent, in compliance with the Privacy Regulations. To better understand how the Company uses Users’ personal data, the User may carefully read the Privacy Policy at the following link: https://4books.com/en/privacy.
- By accessing their account, the User may at any time correct, rectify or update their personal data. Where the User decides to block and/or delete their profile, all stored data relating to the User will be deleted by the Company. Where the complete deletion of the User’s data is not permitted and/or retention of a copy of the information relating to the User is required by law, the data will be blocked with respect to any further processing.
- For the processing of personal data for which 4books is appointed as Data Processor pursuant to Article 28 of the GDPR, arising from the direct transfer of data by the Business Customer, the Parties undertake to enter into a specific appointment deed. Such deed, which will define in detail responsibilities, arrangements and mutual obligations regarding the exchange, processing and handling of personal data, shall form an integral part of these terms and conditions.
XI. ASSIGNMENT
- The Business Customer may not assign the Subscription, in whole or in part, to third parties. In particular, the Business Customer and the Authorized User are not permitted to rent, sell, make available in any way or market the information and services provided by 4books (in part or in full) to third parties other than users.
XII. SURVIVAL OF CLAUSES
- Without prejudice to what is provided for therein regarding amendments by the Company, the General Terms shall remain effective until such time as the Business Customer or the Company exercises the right of termination or withdrawal within the terms provided for in the Terms and Conditions.
- The clauses of the General Terms contained in the following sections shall remain valid and effective even after the General Terms cease to be effective: Completion of Registration and payments; User’s Representations and Warranties; Intellectual Property Rights; Liability; Indemnity; Survival of Clauses; Governing Law and Jurisdiction; General Clauses.
XIII. TERMINATION
- Pursuant to Article 1456 of the Italian Civil Code, the Company may terminate the General Terms with immediate effect, by simply sending written notice by certified email (PEC) or registered letter with return receipt to the Business Customer, where the Business Customer and/or the User has breached one or more of the following provisions of the General Terms: Completion of Registration and payments; User’s Representations and Warranties; Intellectual Property Rights; Assignment. In any event, the Company’s right to compensation for damages shall remain unaffected.
XIV. GOVERNING LAW AND JURISDICTION
- The General Terms are governed in their entirety by Italian law.
- Without prejudice to the provisions protecting consumers regarding jurisdiction, any dispute arising between the Parties in relation to the validity, interpretation, performance and termination of the General Terms and/or in any way connected with the General Terms shall fall within the exclusive jurisdiction of the Court of Florence, to the exclusion of any other court, whether concurrent or alternative.
XV. GENERAL CLAUSES
- Any tolerance by the Company of conduct by the Business Customer and/or the User carried out in breach of any provision of the General Terms shall not constitute a waiver of the rights arising from the breached provision, nor of the right to require due performance of all provisions of the General Terms.
- The failure or delay in exercising a right belonging to the Company pursuant to the General Terms shall not constitute a waiver of such right.
- The General Terms contain the entire agreement reached between the Parties with respect to their subject matter and prevail over all prior communications, declarations, as well as understandings and agreements, whether oral or written, reached between the Parties, except as expressly agreed in the signed Agreement.
- Should any term or other provision of the General Terms be declared null, voidable or unenforceable, all other terms and provisions of the General Terms shall in any case remain fully valid and effective. Where any term or provision is annulled or void because it is invalid, contrary to mandatory rules or unenforceable, the Parties undertake to negotiate in good faith to amend the General Terms in such a way as to best give effect to the original intention of the Parties and to best fulfil the commitments set out in the General Terms.
- The Company and the User act in full autonomy and independence. The General Terms do not give rise between them to any relationship of cooperation, agency, association, intermediation or employment.
- If the Business Customer applies for the opening of insolvency proceedings or requests a suspension of payment, or is declared bankrupt, any credit pursuant to and/or resulting from the contract shall be due in full, with immediate effect, without requiring notice of default and without prior legal action. In the cases mentioned above, 4books shall have the right—without prejudice to the rights indicated in these Terms of Use—to terminate the contract with immediate effect.
- In the event of a conflict between the various documents describing the agreements between the Parties, the following order of precedence shall apply:
- i) The Order Confirmation and the additional conditions agreed in writing by the Parties;
- ii) These Terms of Use;
- Any communication from one Party to the other pursuant to the General Terms must be sent by registered letter with return receipt or by email (provided with a delivery receipt option) and/or certified email (PEC) to the following addresses:
- for the Company: postal address indicated in the preamble to the General Terms; email address: [email protected]; certified email (PEC): [email protected]
- for the Business Customer: to the postal address or the certified email (PEC) and email address provided to the Company during registration on the Platform, as amended and updated from time to time by the User through their IT account on the Platform.