Terms and Conditions

1. Purpose

1.1 This Use Policy ("Policy") is issued by Bluesky S.r.l., with registered office in Via del Perlar 2 – 37135 – Verona (VR), VAT n. 05116220236 ("Company") and sets forth the conditions of use of the Bluesky Agent AI service ("Services"), available through the Bluesky platform ("Platform"), a modular AI orchestration system that leverages artificial intelligence technologies – including LLMs, which are inherently probabilistic and continuously evolving – designed to enhance productivity in knowledge-based work and to enable companies and organizations to design, configure, monitor, and optimize multi-step AI agents supporting their employees' activities ("User"). By registering through the procedure provided on the Platform and by using the Services, the User declares to have read, accepted and agreed to comply with the Policy.

1.2 The User acknowledges and agrees that the Company reserves the right to amend the Policy at any time and at its sole discretion, by publishing the amendments on the Platform and notifying the User thereof. Continued access to the Platform and use of the Services after such amendments shall constitute full acceptance by the User of the amended Policy.

2. Intellectual Property Rights

2.1 The Platform, the Services and all their contents – including images, texts, data, logos, trademarks, as well as any material subject to proprietary rights (including source code) and/or any other form of intellectual property ("Materials") – are owned by the Company or its third-party licensors and are protected against unauthorized use, copying and dissemination.

2.2 With respect to any content and/or output that may be provided to the User in response to the submission of a prompt ("Output"), the User shall be the sole owner thereof.

2.3 The User shall not download, copy, transfer, rent, assign, sublicense, lend, modify, adapt, attempt to modify or alter the source code, perform reverse engineering or scraping, decompile, disassemble, or otherwise attempt to extract or reconstruct the proprietary logic of the Platform and/or the Services and/or the Materials.

2.4 Unauthorized use, copying, reproduction, modification, republication, updating, downloading, mailing, transmission, distribution, duplication or any other misuse of the Platform and/or the Services and/or the Materials is prohibited.

3. Warranties and Limitation of Liability

3.1 The User acknowledges and agrees that:

• To use the Platform and the Services, the User shall have the necessary equipment and applications, and the Company shall not be liable for malfunctions, access issues or poor usage conditions attributable to unsuitable equipment;
• The Company shall not be liable to the User for any indirect damages suffered in connection with the use of the Platform and the Services, including in cases of delays or failures due to force majeure events;
• The Platform, the Services and/or the Outputs are provided "as is" and the Company makes no representations or warranties, express or implied. The Company shall not be liable for the accuracy, truthfulness, completeness, originality and updating of the information contained in the Platform;
• The User has carried out its own evaluation of the inherent risks connected to the use of artificial intelligence tools and intends to proceed with the use of the Platform and the Services;
• Any actions taken by the User directly or indirectly connected to the Services and/or the Outputs are solely attributable to the User. The User shall not rely on the Output as the sole source of truth or factual information, or as a substitute for professional advice;
• The User shall use the Platform and the Services solely in the manner and under the conditions set out in the Policy;
• In the event of a breach by the User, the Company shall – at its sole discretion – deny access to the Platform and take any other action necessary to protect the Company's rights and interests.

3.2 The User represents and warrants that:

• It has read and understood the Policy;
• It has been expressly authorized by the company of which the User is an employee;
• It has chosen a secure and complex password upon registration and shall keep it confidential;
• Any prompts, materials and/or information provided do not infringe third-party rights;
• It shall not disseminate any content that is offensive, defamatory, harmful or dangerous;
• It shall refrain from any form of use that is unlawful or contrary to the Policy;
• It shall not use spamming systems, chain messages, or pyramid sales;
• It shall not disseminate viruses, spyware, adware, rootkits, backdoors, trojans or other similar cyber threats;
• It shall not use software or other automatic or manual mechanisms to copy or access the Platform.

3.3 The Company is not necessarily affiliated with the individuals or entities owning the websites linked within the Platform and is not responsible for the content of such websites.

3.4 The User waives any claims against the Company for damages arising from the use of the Output, except in cases of wilful misconduct or gross negligence of the Company.

4. Indemnity

4.1 The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees, from and against any damages, liabilities, costs, charges, or expenses, including legal fees, arising from third-party claims resulting from the User's use of the Platform and Services in violation of the Policy.

5. Processing of Personal Data

5.1 The Company undertakes to comply with the Regulation EU 2016/679 ("GDPR") and Legislative Decree no. 196/2003, as further amended by Legislative Decree no. 101/2018 and to fulfill the resulting obligations by adopting appropriate technical and organizational measures.

5.2 The Users' personal data will be processed by the Company for the purpose of providing the services requested by the company of which the User is an employee, which acts as Data Controller. The Company acts as Data Processor on behalf of the Data Controller.

6. Governing Law and Jurisdiction

6.1 The Policy is governed by Italian law, and the Court of Milan shall have exclusive jurisdiction over any disputes arising out of or in connection with its interpretation, performance, or termination.

The User acknowledges and agrees that certain paragraphs of the Policy contain provisions that are unfair or otherwise specific due to the type of initiative governed by them, and that therefore, they shall be expressly accepted pursuant to articles 1341 and 1342 of the Italian Civil Code.