HYTERM — General terms and conditions of service

The following definitions apply for the purposes of these terms.

HYTERM:

the entity providing the COPERNICO remote assistance service through its authorised technical personnel.

Customer:

the natural or legal person requesting the Service, generally the machine manufacturer or installer, who is entitled to request an intervention on the electronic controller. The Customer is not necessarily the owner or operator of the installation.

End Customer:

the recipient of the machine or installation, who assumes its management and the associated operational responsibilities following delivery and handover, in accordance with applicable legislation.

Machine manufacturer:

the entity responsible for designing and manufacturing the machine and defining its functional characteristics and safety conditions, in accordance with its legal obligations.

Installer:

the entity entrusted with installing, integrating or commissioning the machine, responsible for the activities within its remit, without automatically assuming responsibility for the overall operation of the installation.

Installation manager:

the End Customer or the entity appointed by the End Customer to manage the installation's operation. During construction, installation and commissioning, responsibilities remain allocated to the parties responsible for their respective activities.

On-site personnel:

the person authorised by the Customer, physically present at the machine during remote assistance, responsible for authorising the connection, supervising operations and carrying out or coordinating the necessary checks.

HYTERM technician:

technical personnel authorised by HYTERM to carry out assistance activities through COPERNICO.

COPERNICO or Service:

the HYTERM system enabling remote assistance on compatible electronic controllers for configuration, checking, control, maintenance and diagnostic activities.

HYCO:

the HYTERM application enabling communication with the electronic controller and activation of COPERNICO remote assistance.

Controller:

the HYTERM electronic device installed on the machine, intended to control, regulate and monitor the functions provided for by its configuration.

Machine:

an organised assembly of electrical, electronic and mechanical components, connected and coordinated to perform a specific function. It includes the HYTERM controller and the equipment it controls or monitors and may operate independently or be integrated into an installation.

Installation:

an assembly of multiple machines, equipment and systems, interconnected and coordinated to perform one or more operational functions. It may include machines from different manufacturers, supervisory systems and management logic beyond HYTERM's knowledge and competence.

Configuration:

the controller's parameters, settings and operating logic that determine the operation of the controlled equipment.

Remote assistance connection:

the remote intervention associated with a single machine and identified by a unique code, which may comprise one or more sessions.

Unique connection code:

the identifier generated by COPERNICO for each new connection, associated exclusively with one machine and the intervention information, including date, times, total duration and number of sessions performed. The same machine may be associated with several codes corresponding to different connections.

Session:

an individual period of active remote communication between the HYTERM technician and the controller, associated with the unique code of the connection to which it belongs.

Reconnection:

activation of a new session on the same machine within 30 minutes of the previous session closing, retaining the same unique code.

Connection closure:

the conclusion of the intervention, which occurs when no new session is started within 30 minutes of the previous session closing.

Activity history:

the record of technical operations performed during remote assistance sessions.

Intervention identification data:

information about the contact person, machine and worksite, communicated directly by the Customer to HYTERM for preparation of the report.

Intervention report:

the document summarising the activities performed through COPERNICO, prepared by HYTERM and delivered to the Customer at the end of the connection.

COPERNICO is the remote assistance service provided by HYTERM to support the Customer in starting up, configuring, commissioning, functionally checking, maintaining and diagnosing compatible electronic controllers.

Through HYCO, HYTERM technicians can view technical data, consult and modify configuration parameters and perform the control operations permitted by the controller.

Operations necessarily requiring physical intervention on the machine are excluded, including those necessary to activate the power circuits.

The Service concerns exclusively the HYTERM controller and the technical support activities relating to the machine on which it is installed.

HYTERM knows the technical characteristics of its own controllers and has whatever information about the machine is available or communicated by the Customer or manufacturer.

HYTERM does not, however, have comprehensive knowledge of the design, construction, configuration and management of the installation into which the machine is integrated.

COPERNICO therefore does not include the design, supervision or checking of the overall operation of the installation, or of the interactions between the assisted machine and the other equipment or systems forming part of it.

The Service is subject to payment under the commercial terms agreed between HYTERM and the Customer before the connection is activated.

Amounts, invoicing arrangements and any special terms are established in the commercial agreements or support contracts between the parties.

Failure to resolve the reported problem does not automatically eliminate the agreed payment obligation, provided that HYTERM has properly fulfilled its contractual obligations.

Each new connection is activated through HYCO, following authorisation by the personnel present at the machine.

COPERNICO generates a unique code associated exclusively with the machine subject to the intervention.

The following connection information is associated with this code:

• Date and time of the beginning and conclusion of the intervention.
• Number of sessions performed.
• Start and end times of each session.
• Duration of each session and total duration of the remote connection.

The total connection duration is calculated by adding together the durations of the individual sessions, excluding intervals during which the connection is inactive.

A connection may comprise multiple sessions. If a new session is started on the same machine within 30 minutes of the previous session closing, it retains the same unique code.

If no new session is started within 30 minutes, the connection is considered concluded. Any subsequent connection, even to the same machine on the same day, constitutes a new connection and results in a new unique code being generated.

Each session requires fresh authorisation from the on-site personnel, even when it belongs to the same connection.

The Customer may terminate the connection at any time using the functions provided by the system.

Authorisation is limited to the individual session and does not allow permanent access to the controller or the mobile device used.

Throughout every remote assistance session, personnel authorised by the Customer, with the skills necessary to supervise operations, must be physically present at the machine.

The on-site personnel are responsible for:

• Activating and authorising sessions.
• Supervising operations and monitoring the machine's condition.
• Performing interventions requiring physical presence, including operations on the power circuits.
• Identifying and promptly managing any abnormal or hazardous conditions detectable on site.
• Performing the final check of the configuration and correct machine operation, directly or with the support of qualified personnel.

The Customer guarantees that the appointed personnel are suitably qualified and authorised and undertakes to provide HYTERM with accurate and complete information about the machine and the problems encountered.

The Customer must also communicate any operational constraints or special conditions that may affect configuration activities.

Requesting the COPERNICO service does not, in itself, cause the Customer to assume responsibilities for the overall management of the installation that do not fall within its role under applicable legislation.

HYTERM performs remote assistance with the professionalism and diligence required by the nature of the intervention, using the information available through COPERNICO and that supplied by the Customer.

The remote connection does not enable HYTERM to directly verify all of the machine's physical, electrical, mechanical and operational conditions.

Parameter changes may affect the behaviour of the controlled equipment. On-site personnel must therefore monitor the effects of the operations and check that operation remains consistent with the required conditions.

HYTERM may ask the personnel present to carry out checks, functional tests or physical interventions necessary to provide assistance.

HYTERM reserves the right to suspend or terminate the intervention if adequate safety conditions are not ensured, on-site personnel are no longer present or essential technical information is unavailable.

At the end of the intervention, qualified personnel present on site must check the controller configuration and correct machine operation, within the competence and responsibilities of the entity that requested assistance.

Where applicable, this verification includes checking the configured parameters, operating modes, behaviour of the controlled equipment and safety conditions.

Checks relating to integration of the machine into the installation, its interactions with other equipment and the overall operation of the assembly are the responsibility of the parties responsible for the respective activities.

During construction, installation and commissioning of the installation, these responsibilities are allocated to the competent parties according to their respective roles. Following delivery and handover, operational management of the installation is the responsibility of the End Customer or its appointed entity, without prejudice to the obligations of the other parties involved.

Closure of the connection and delivery of the report do not constitute an attestation by HYTERM of the machine's correct overall configuration, its suitability for operation or the safety of the installation.

Normal operation may resume or continue only after the necessary checks have been performed by competent personnel.

HYTERM remains responsible for the activities directly performed by its technicians, in accordance with applicable legislation.

HYTERM undertakes to provide assistance with appropriate technical competence and professional diligence, without guaranteeing complete resolution of the reported problems in every circumstance.

The Service does not constitute a comprehensive assessment of the conformity, safety or suitability for operation of the machine or installation.

Through COPERNICO, HYTERM does not assume obligations to design, integrate, coordinate or validate the overall installation, except as may be provided for in separate contractual agreements.

Responsibility for correct integration of the machine into the installation, interactions between the different equipment and the safety of the assembly remains with the competent parties according to their respective roles and applicable legislation.

HYTERM is not liable for consequences arising from inaccurate or incomplete information supplied by the Customer, faults not detectable through the remote connection, interventions carried out independently by third parties or other circumstances not attributable to HYTERM.

To the extent permitted by law, HYTERM is not liable for indirect or consequential damage arising from circumstances not attributable to its conduct.

Liability arising from wilful misconduct, gross negligence and any other circumstances for which legislation prohibits prior limitations or exclusions of liability is in all cases preserved.

COPERNICO records a history of the technical operations performed during each session, including the information necessary to reconstruct the activities undertaken, such as parameters consulted or modified, commands issued and technical events.

All sessions belonging to the same connection, with their timing information and activities, are associated with the same unique code.

For preparation of the final report, the Customer communicates the identification data of the contact person, machine and worksite directly to HYTERM.

At the end of the connection, HYTERM prepares and delivers a report to the Customer containing:

• The unique connection code.
• The identification data supplied by the Customer.
• The date and times of the beginning and conclusion of the intervention.
• The number of sessions performed and their duration.
• The total duration of the active remote connection.
• A summary of the technical activities performed.

Each new connection, even if relating to a machine already assisted, generates a separate history and report.

The report documents the remote assistance provided and does not certify the conformity, safety or correct overall operation of the machine or installation.

COPERNICO processes technical data relating to the operation and configuration of HYTERM electronic controllers.

The HYCO application and COPERNICO service do not collect data intended to identify the mobile device used for the connection, nor do they provide access to personal content stored on the device.

The identification data of the contact person, machine and worksite are communicated directly by the Customer to HYTERM and collected exclusively for preparation of the final report.

As data controller, HYTERM handles any personal data in accordance with EU Regulation 2016/679 (GDPR) and its own privacy notice.

The report, intervention identification data and activity history are retained for one year from the conclusion of the connection, to allow documentation to be retrieved at the Customer's request.

The retention period is the same for all sessions associated with the same unique code and starts from the date and time the last session closes, once it has been established that no new session was started within the following 30 minutes.

After one year, the documentation and data relating to the connection are deleted, except where legal obligations require further retention.

HYTERM adopts appropriate technical and organisational measures to ensure the confidentiality, integrity and security of the information retained.

Further information about personal data processing and the exercise of data subjects' rights is provided in HYTERM's privacy notice.

Acceptance of these terms does not constitute consent to any processing for which legislation requires a specific expression of consent.

Provision of the COPERNICO service is subject to the availability of HYTERM technical personnel, device compatibility and correct operation of the necessary communication systems.

HYTERM does not guarantee continuous availability of the Service or the absence of interruptions due to connectivity problems, unavailability of external systems or other circumstances not attributable to HYTERM.

Any interruptions will be managed reasonably and in good faith, in accordance with the applicable commercial agreements.

12.1 Changes to the terms

HYTERM reserves the right to update the delivery arrangements, features and these terms of use.

Changes will be made available before subsequent connections are activated and will not apply retrospectively to services already agreed.

12.2 Precedence of specific agreements

In the event of a conflict between these general terms and provisions in specific contractual agreements signed between HYTERM and the Customer, the latter prevail, limited to the matters expressly covered and subject to any mandatory legal provisions.

12.3 Validity of contractual provisions

The nullity, invalidity or unenforceability of any provision of these terms does not automatically invalidate the remaining provisions, which will continue to have effect to the extent permitted by applicable legislation.

Before the connection is activated, on-site personnel must be able to review these terms of use through the HYCO application.

Acceptance occurs by selecting two separate confirmation checkboxes, neither of which is preselected, and then pressing the OK button.

The first checkbox concerns acceptance of the general terms of the Service.

The second checkbox concerns specific approval of the contractual clauses identified in Article 15.

By confirming, the on-site personnel declare that they are authorised by the Customer to request the intervention and that they have read the operating procedures, limitations of the Service and obligations concerning supervision and final verification.

HYCO records the outcomes of the two declarations separately, associating them with the version of the terms presented, the date and time of confirmation and the unique connection code.

Activation of the connection is conditional on selecting both checkboxes and subsequently confirming by pressing the OK button.

The electronic acceptance procedure must comply with the formal requirements laid down by applicable legislation.

These terms and the contractual relationships arising from provision of the COPERNICO service are governed by Italian law, subject to mandatory provisions of applicable legislation.

The courts of Brescia have exclusive jurisdiction over any dispute concerning the interpretation, performance, breach, validity or termination of these terms and the COPERNICO service, except where the law provides for mandatory jurisdiction.

The parties undertake, where possible, to seek an amicable settlement of disputes before commencing legal proceedings, without prejudice to the right to bring proceedings and compliance with statutory time limits.