Terms of service

Last updated: March 2023

Intuendi.com is a Software-as-a-Service application provided by Intuendi srl (hereafter “Intuendi”), a ICT company that develops software in the field of Data Analytics. Intuendi srl headquarters are at Viale Mazzini 40, 50132 Florence, Italy; R.E.A. [Economic Administrative Index] FI – 643318, VAT Code 06624070485. Contact: support@intuendi.com.

This Agreement is a legal contract between you, as an individual, legal entity or company (hereafter referred to as the “Customer”), and Intuendi srl. Services and Contents (hereafter referred to as the “Service”) are provided only on the condition that the Customer agrees to the terms and conditions in this Agreement. By accessing and using the Service in any way, the Customer agrees to be bound by all the terms contained in this Agreement. The release of new features and resources and any new features that modify the current Services, shall be subject to the Terms of Service. Any changes to this Agreement will be reported into the updated version at intuendi.com/terms-of-service/.

1.SERVICE
Intuendi.com provides Demand Forecasting, Inventory Optimization and Purchase Orders Management services packaged in a Software As A Service web application. Forecasts, Inventory Replenishment and Purchase Orders suggestions are generated basing on user data. Without being limited to, the application comes with the following features available for all users:

a) login process using email and password
b) browsing the user catalog by categories, products, locations, product attributes, user-defined, and geographical sales points (hereafter referred to as the “regions”)
c) generation of statistical forecasts using sales history, anomalies report (stockouts, unexpected peaks), promotions and causal factors
d) view of historical and forecasting data by product/region pairs
e) view of historical and forecasting data aggregated by product, region, category, location, attributes and user-defined breakdowns
f) graph and table view of sales history and forecasts
g) calculation of purchase order suggestions (finished goods, raw materials and kit/bundles) based on demand forecasting, inventory stock levels, replenishment constraints and purchasing budget
h) calculation of stockout risk and overstocked products based on forecasts, stock availability, service levels and target coverage
i) smart dashboards showing customizavle widgets with overview of catalog status, forecasts and sales
j) multi-source data import process using integrations and user-provided files
h) data upload/export from/to .xls file and FTP-based automations

2.SUBSCRIPTIONS
The Customer who subscribes a plan can access to his account by visiting intuendi.com website. Plans can differ each other in terms of active modules/solutions, custom developments requirements, scheduled performance review frequency. Different companies typically have different requirements: considering this, Intuendi will offer the Customer a plan according to his requirements. Specifics of the plan will be included in a business proposal provided to the Customer before the plan activation.

During the signup and the subscription process, Intuendi will not ask the Customer for any supporting documentation regarding his company’s revenue or other private data.

If the Customer requirements exceed the amount of services and activities included in his plan, he will be contacted by Intuendi to upgrade the subscription by selecting a superior plan or evaluate a new business proposal. After a first plan creation or an upgrade to a superior plan, the Customer has 30 days to complete the subscription update and activate the plan by purchasing the first subscription period (month or year); without any answer from the Customer’s part Intuendi reserves the right to lock the Customer’s account. After this term has passed, a subscription re-activation will be necessary in order to unlock the Customer account. The Customer has 60 days to unlock his account by activating his subscription, then the Customer account and his data will be definitely erased from Intuendi.

By filling out the contact forms on intuendi.com, the Customer will be contacted in order to schedule a call and, if needed, arrange a live demo session.

3.PAYMENTS
Every plan comes with a monthly flat fee, the Customer can also ask for an annual subscription. The payments are made upfront for both monthly and yearly subscription. In case of yearly subscription, a discount may be applied. Monthly and yearly flat prices are provided on quotation only.

An invoice is created when a payment is completed. This invoice is sent by email to the address specified by the Customer in his account details. All amounts paid (including for upfront yearly payments) are non-refundable. All prices and fees do not include taxes and VAT, which Intuendi will charge or invoice as applicable, and the Customer agrees to pay any such taxes applicable to his use of the Service.

4.RENEWAL AND TERMINATION
The Agreement shall be held as binding and shall take effect on the Parties upon first use of one of the Services by the Customer and shall continue in effect, provided that the Customer pays the fees as specified in the PAYMENTS clause. The subscription duration shall be on a yearly or monthly basis, the fees are not proratable and the subscription takes effect from the date of the first payment. The Agreement, upon expiration, will be automatically renewed for the same duration as the previous period. The Agreement can be terminated by Intuendi with written notice to the Customer at least 30 days prior to expiration. Customer can terminate the Agreement by disabling the automatic renewal on his account or with written notice that must be given at least 30 days prior to the next billing period, unless specified in a dedicated business proposal. No further cause is required for termination. However, in any case Intuendi shall not be held to refund the Customer any service fee that has already been paid. In case of termination, Intuendi shall keep the Client’s information for 60 days and shall then proceed with its deletion.

5.SERVICE LEVEL AVAILABILITY
Intuendi guarantees a monthly availability of the Services of 98% (e.g. less than 14h of application downtime per month). The Customer is informed and accepts that, for the purposes of being able to utilize the Service, it shall be necessary to independently provide, at his/her/their own care and expense, suitable hardware and software equipment. The Customer acknowledges that the Customer’s access to the Internet cannot be guaranteed and, moreover, that Intuendi shall never be liable for deficiencies in the Customer’s own Internet connections and/or equipment.

6.CUSTOMER SUPPORT
For all plans technical support for the Service is included in the Customer’s subscription fee. Customer Support is provided by Intuendi via e-mail during Intuendi’s ordinary office hours at support@intuendi.com. Intuendi aims to respond to the Customer’s questions within two businesses days but no guarantees on a specific response time are given. Intuendi only provides technical support to ensure the best usage of the Service (e.g. troubleshooting, user data generation issues, help in setting user accounts, etc.).

7.GENERAL
The Service provided by Intuendi requires that Customer produces input data formatted according to the specifications provided by Intuendi. This is necessary to the Service in order to function properly. The Customer is informed that Intuendi reserves the right to add new versions or upgrades of the Service at any time without notice. Any changes to the specifications, functions, design or every part of the Service can be implemented at any moment at incontestable discretion of Intuendi. Please note that Intuendi may suspend or interrupt the Service for any reason at any time without prior notice.

8.EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY
The Service is provided “as is” and without warranty of any kind with respect to this site or any site or service accessible through this site. Intuendi disclaims all warranties including, but not limited to, the implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose other than demand planning. Please note that demand forecasting and inventory optimization can’t see exactly what will happen to a customer business over the coming months or years; it just provides estimates generated by state-of-the-art algorithms. As a consequence, Intuendi does not guarantee the accuracy of the contents provided by its Service and shall not be liable for damages and losses of any type arising out of or in any way connected with the use or performance of the Service.

9.INTELLECTUAL PROPERTY RIGHTS
By accessing the Service the Customer accepts that he/she/they is not granted a licence to any software. Customer can only use the Service in the way described in this page. Intuendi owns all intellectual property rights and technical solutions included in the Service. The Customer does not acquire intellectual rights for all that comprises the Service and the contents, including but not limited to, trademarks, informations, brands, logo, databanks and any graphics available through the Service. Intuendi grants to Customer a non-exclusive, non-trasferable, not to be sublicensed end user license to access and use the Service with respect to the limitations listed above in the SUBSCRIPTIONS section and related to the plan choosen by the Customer. Unauthorized use of the Service (including any resale or commercial exploitation) in any way is expressly prohibited. Customer or any other third party are not allowed to: reverse engineer, decompile, attempt to derive the source code of the Service, transfer, copy, license, make available, lease, time-share, distribute, sell the Service or any part of its contents.

10.CUSTOMER DATA
Any data provided by the Customer in connection with this Agreement is stored according to the most common and reasonable measures of security and will not be used by Intuendi except as required to provide the Service. Customer is solely responsible for all Customer Data. Intuendi is not responbile for the quality and accuracy of the Customer Data. Customer retains ownership of all Customer Data and grants to Intuendi a limited, non-exclusive, non-transferable right to use, transmit and distribute the Customer Data in order to provide the Service to the Customer. Intuendi may use Customer Data for Service improvements, statistics and analytics activities, during and after the term thereof, in its discretion so long as any disclosed data does not identify Customer.

11.PRIVACY
The information provided by the Customer shall be used for the following purposes: identification and authentication on the website; customer support; fiscal, legal and administrative activities. The data controller is Intuendi srl, Viale Mazzini 40, 50132 Florence, Italy. Intuendi will use Customer information to provide the Service, to transmit the information to third-party suppliers of software, networking, hosting and every service necessary in order to provide the Service, to transfer the information abroad by server for statistical purpose in order to offer the Customer improved and more personalized functions and website navigation. For more information visit our Privacy Policy page.

12.APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of Italy, without regard to the place where the Service is performed and the nationality of the Customer. Both parties hereby consent to the exclusive jurisdiction and venue of the Court of Florence, Italy, in all disputes relating to the use of the Services. Use of the Service is unauthorized in any Country or jurisdiction that does not give effect to all provisions of this Agreement.