Terms and Conditions

Please read these terms and conditions carefully. The use of the ArduinoPlatform and the Services (each as defined below) available on, from, or throughArduino.cc (“Site”) is subject to these terms and conditions (“Terms”), whichconstitute a legal and binding agreement between you (“you” or “User”) andArduino S.r.l and, with respect to the Premium Services (defined below),Arduino LLC (collectively, “Arduino” or “we”). By using the Site, the Platform,or the Services, you declare to have read and accepted these Terms. If you donot agree to these Terms, you must refrain from accessing or using the Site, thePlatform, and the Services.

IMPORTANT NOTICE REGARDING ARBITRATION: For users located in the United States of America (U.S.A.), these Terms contain a mandatory Arbitration Agreement (defined in Section 21), requiring you to resolve any Claim (as defined in Section 21.1) between you and Arduino through final and binding, individual arbitration, subject to limited exceptions, rather than in court, and requiring you to forego jury trials, class, collective, aggregate, representative, or consolidated actions or proceedings, and all other types of court proceedings of any and every kind. Please review the Arbitration Agreement applicable to U.S. users in Section 21 below for details. You will be bound by this Arbitration Agreement, unless you opt out of the Arbitration Agreement by following the opt-out procedures set forth below. By entering into these Terms, you expressly acknowledge that you have read and understand all of the terms of the Arbitration Agreement.

If you are under 18 years of age, you may use the Site, the Platform, and theServices only with the consent and supervision of your parent or legal guardian.If you are under 18, you may clickhere to create an Account (defined below).During the registration process, you may be required to provide contactinformation for your parent or legal guardian, who must provide consentbefore your Account is activated. By permitting a minor to use the Platform andthe Services, the parent or legal guardian agrees to these Terms and isresponsible for monitoring and supervising the minor’s use.

If you are under 18, during the registration process, you will be required toprovide your date of birth or otherwise confirm your age through an ageverification process. If you are under 18, your Account will be restricted – i.e., aJunior Account or a restricted account. Note, if we become aware that a userwith an unrestricted Account is under 18 years of age, we will take steps toterminate that Account and delete any associated information as required byapplicable law.

1. Arduino Services

1.1 The Site is part of the platform developed and managed by Arduino,which allows users to take part in the discussions on the Arduino forum, theArduino blog, the Arduino User Group, the Arduino Discord channel, and theArduino Project Hub, and to access the Arduino main website, subsites, ArduinoCloud, Arduino Courses, Arduino Certifications, Arduino Docs, the Arduino EDUkit sites to release works within the Contributor License Agreement program,and to further develop the Arduino open source ecosystem (collectively, the“Platform”). The use of the Site, the Platform, and the Services is governed bythese Terms including the other documents and policies made available on thePlatform by Arduino.

1.2 By User’s acceptance of these Terms, Arduino hereby grants User a non-exclusive, revocable, royalty-free, limited, personal, non-transferable, non-sublicensable copyright license to access and use the services accessible throughthe Platform, including the services specified under Section 1.1 and thePremium Services (as defined below) specified under Section 1.4 (collectively,“Services”), subject to the terms and conditions of these Terms. User’s copyrightlicense to the Services will terminate upon the termination of User’s Account orif Arduino otherwise terminates User’s access to the Services in accordance withthese Terms.

1.3 The use of the Site does not require the mandatory activation of anAccount; however, the use of certain Services requires the activation of apersonal and unique User account (“Account”).

1.4 In order to use some of the Platform functionalities, it is necessary tocreate an Account and to purchase such functionalities for a stated charge(“Premium Services”). Premium Services are products that User can purchaseon the Arduino online shop or Arduino digital store. If User purchases a Service,then these payment terms apply to User’s purchase and User agrees to them.

• Charges. If there is a charge associated with a portion of the PremiumServices, User will be notified of that charge on the Arduino onlineshop, and User will need to agree to pay that charge. The price statedfor the Premium Services includes all applicable taxes and currencyexchange settlements, unless stated otherwise. User is solelyresponsible for paying such taxes or other charges. Taxes arecalculated based on User’s location at the time the Premium Servicesare purchased. Arduino may suspend or cancel the Premium Servicesif we do not receive an on-time, full payment from User and User stilldoes not make payment within fifteen (15) calendar days of usreminding User that payment is due. Suspension or cancellation of thePremium Services for non-payment could result in loss of access toand use of User’s Account and its content. Connecting to the Internetvia a corporate or other private network that masks User’s location,may cause charges to be different from those displayed for User’sactual location.
• User’s Billing Account. To pay the charges for a Premium Service,User will be asked to provide a payment method at the time Userpurchases that Premium Service. User can access and change User’sbilling information and payment method athttps://id.arduino.cc/.Additionally, User agrees to permit Arduino to use any other paymentmethod or account information on Arduino’s file for User’s Account.User agrees to promptly update User’s Account and other information,including User’s email address and payment method details, soArduino can complete User’s transactions and contact User as neededin connection with User’s transactions. Changes must be made toUser’s payment method at least forty-eight (48) hours before ascheduled payment to take effect in relation to that payment.
• Billing. By providing Arduino with a payment method: (i) Userrepresents that User is authorized to use such payment method andthat any payment information User provides is complete andaccurate; (ii) User authorizes Arduino to charge User for the PremiumServices or available content using User’s payment method; and (iii)User authorizes Arduino to charge User for any paid feature of thePremium Services User chooses to purchase or use while these Termsare in force. Arduino will tell User at the time of User’s transactionwhether Arduino will bill User (a) in advance; (b) at the time ofpurchase; (c) shortly after purchase; or (d) on a recurring basis forsubscription Premium Services. Also, Arduino may charge User up tothe amount User has approved, and we will notify User in advance ofany change in the amount to be charged (within the approved amount)for recurring subscription Premium Services. For any changes in theamount to be charged outside of the approved amount, please see the“Price Changes” section below. Arduino may bill User at the same timefor more than one of User’s prior billing periods for amounts that havenot previously been processed, and Arduino will inform User of suchbilling approach wherever reasonably possible.
• Recurring Payments. When User purchases the Premium Services ona subscription basis (e.g., monthly, every three (3) months, orannually), User agrees that User is authorizing recurring payments,and payments will be made to Arduino by the method, at the recurringintervals User has agreed to, until the subscription for that PremiumService is terminated by User or by Arduino. After subscribing, Usercan also find details about their subscription length, payment amount,and next payment due date in their Account athttps://id.arduino.cc/.User must cancel User’s Premium Services before the next billing dateto stop being charged for the Premium Services. Instructions on howUser may cancel the Premium Services online can be found athttps://support.arduino.cc/cancel. By authorizing recurringpayments, User is authorizing Arduino to store User’s paymentmethod and process such payments as charges to User’s designatedaccount (for credit card or similar payments)(collectively, “Electronic Payments”). Subscription fees are generallycharged in advance of the applicable subscription period. If anypayment is returned unpaid or if any credit card or similar transactionis rejected, charged back, or denied, Arduino or its Premium Serviceproviders reserve the right to collect any applicable return item,rejection fee, or insufficient funds fee and process any such paymentas an Electronic Payment.
• Recurring Payment Reminder Emails. We will provide User withreminder notices of recurring subscription payments to the emailaddress provided by User as follows: (a) where there is an initial freeor discounted price period, a reminder notice will be given betweenten (10) and five (5) calendar days before the first recurring paymentfor the full amount that User will become liable for; (b) whererecurring payments are due every six (6) months or more frequently(e.g., where recurring payments are monthly or every three (3)months), a reminder notice will be given between ten (10) and five (5)calendar days before each recurring payment; and (c) whererecurring payments are due less frequently than every six (6) months(e.g., annually), a reminder notice will be given ten (10) and five (5)calendar days before each recurring payment.
• Online Statement and Errors. Arduino will provide User with anonline billing statement on thehttps://id.arduino.cc/, where User canview and print User’s statement. This is the only billing statement thatArduino provides. If User believes there to be an error on User’s bill,User must tell Arduino within sixty (60) calendar days after it firstappears on User’s bill. Arduino will then promptly investigate. If Userdoes not tell Arduino within that time, (1) if User is in the U.S., Userreleases Arduino from all liability and claims of loss resulting from theerror and Arduino will not be required to correct the error or providea refund, (2) if User is in the EU or UK or any other jurisdiction,Arduino will still consider reasonable requests from User after thisperiod, but it may affect Arduino’s ability to investigate and correctany issue.
• Refund Policy. Unless otherwise provided (a) by law (such as for EUand UK users if the Premium Services are faulty); (b) in this “RefundPolicy” section; or (c) by a particular Premium Service offer, allpurchases are final and non-refundable. If User is in the UK and theEU, User has a right to change their mind, cancel their order andreceive a refund for the order of Premium Services during an initialcooling-off period of fourteen (14) calendar days from the date of theorder confirmation email. However, this right is lost once User hasgiven their prior express consent to access the Premium Servicesduring the withdrawal period and acknowledged that doing so willresult in losing the right of withdrawal. In such circumstances, Userwill not be entitled to a refund unless the digital content is faulty. Toexercise the right of withdrawal, User must notify us by an explicitstatement sent tosupport@arduino.cc before the withdrawal periodexpires. Refunds will be processed without undue delay and in anyevent within fourteen (14) days of receiving the withdrawalnotification, except where User has used the Premium Servicesbeyond the right of withdrawal. We will reimburse User using thesame means of payment that was used for the initial purchase, unlessUser has expressly agreed otherwise; in any event, User will not incurany fees as a result of such reimbursement.If User is in the EU and UK, User also has a right to change their mind,cancel their order and receive a refund for the order of PremiumServices during each renewal cooling-off period of fourteen (14) daysfrom the date of: (a) the first recurring subscription payment after afree trial or discounted period ends; and (b) each annual (or longer)recurring subscription payment. We will give User a cooling-off noticefor each renewal cooling-off period. If User exercises this right, theywill receive a proportionate refund, taking into account what has beensupplied during the relevant renewal cooling-off period (e.g., we maymake deductions from any refund for the Premium Services weprovided up to the time that User told us that they want to cancel). Toexercise this right, User must notify us by an explicit statement sent tosupport@arduino.cc before the cooling off period expires. We willissue the refund to the same payment method User used when theyplaced their order.
• Cancelling the Premium Services. User may cancel a PremiumService at any time by following the relevant cancellation proceduremade available online via their account management page. Cancellingpaid Premium Services stops future charges to continue the PremiumService. If User cancels, User’s access to the Premium Services ends atthe end of User’s current Premium Service period. If User initiates achargeback or reversal with User’s payment provider for User’spayment of Premium Services, Arduino will deem User to havecanceled as of the date that the original payment was made, and Userauthorizes Arduino to immediately cancel User’s Premium Serviceand/or revoke any content that was provided to User in exchange forsuch payment.
• Price Changes. Arduino may change the price of the PremiumServices at any time and if User has a recurring payment, Arduino willnotify User by email, or other reasonable manner, at least fifteen (15)calendar days before the price change takes effect. The price changewill not apply before the end of User’s current subscription period thatUser has paid for. If User does not agree to the price change, User mustcancel and stop using the Premium Services before the price changetakes effect. If there is a fixed term and price for User’s PremiumService, that price will remain in force for the fixed term.
• Payments to User. If Arduino owes User a payment, then User agreesto timely and accurately provide Arduino with any information weneed to get that payment to User. User is responsible for any taxes andcharges User may incur as a result of this payment to User. If Userreceives a payment in error, Arduino may reverse or require returnof the payment. User agrees to cooperate with Arduino in its efforts todo this. If Arduino identifies a previous overpayment, it may adjustthe payment to User to reflect this and Arduino will inform User ofsuch adjustment wherever reasonably possible.

2. User’s Account

2.1 If User creates an Account, a unique username and password created byUser will be associated with that Account (“Account Credentials”).

2.2 User is required to adopt all necessary measures to ensure that theirAccount Credentials are kept secure and confidential. User undertakes not todisclose their Account Credentials or any information accessible through them,and not to allow access to the Site, the Platform, or the Services to others throughthe use of User’s Account Credentials or by any other means via User’s Account.User remains responsible for activity carried out through their AccountCredentials unless such activity is due to a failure by Arduino to provideappropriate security measures or to detect misuse that Arduino shouldreasonably have identified.

Arduino shall not be liable for any loss or damage arising from the theft orunauthorized use of Account Credentials where Arduino has takenappropriate measures and exercised ordinary diligence to prevent suchmisuse.

If User becomes aware of unauthorized access to User’s Account, User mustchange their password and notify us immediately atprivacy@arduino.cc.

2.3 User is required to provide Arduino with real, accurate information whencreating their Account (and whenever User updates their data). Additionally, inorder to support Account security, and for other purposes, User agrees:

• not to provide false information;
• not to create false or duplicate Accounts;
• to update Personal Data (as defined in Section 13.1 below) asreasonably requested to comply with these Terms, subject to thePrivacy Policy;
• not to share or transfer their Account Credentials;
• not to transfer, resell, or otherwise make available the Services orUser’s right to use the Platform to others;
• not to adopt a username or identifier that violates applicable laws orinfringes the rights of others (in such cases, Arduino may suspendregistration or Account access until the issue is resolved); and
• not to use the Site or Services if the Account has been temporarily orpermanently suspended.

2.4 If User does not verify their Account by clicking the confirmation link sentby email during the registration process, Arduino shall delete the Account one(1) month after the registration request.

3. User’s Duties

3.1 User acknowledges that the use of the Services in accordance with theseTerms is essential for the correct operation of the Platform and the Services bythe other users. Hence, when creating, modifying, and publishing Content (asdefined in Section 7.1 below), User must comply with the provisions of theseTerms, with the procedures and schemes of the open-source license adopted bythe Arduino community, and with the applicable legal provisions, abiding byprinciples of good faith, truthfulness, and fairness in dealings with other users.

3.2 User will use the Site and the Platform in accordance with these Termsand for the sole purposes of correctly using the Services. Specifically, Userundertakes not to:

• use the Platform to develop competitive services, including to createor incorporate other datasets correlated to Arduino to be used for aservice which is similar or identical to the Services;
• provide Arduino with data which is false, inexact, misleading, orwhich could reasonably be expected to give rise to adverseconsequences for third parties;
• transfer their Account, communicate their Account Credentials tothird parties without Arduino’s prior written consent, or otherwisemake Services available to others;
• copy, modify, or disseminate the content of the Site, the Platform,Services, or proprietary information belonging to Arduino and/orothers (without prejudice to what is provided for by the terms of theopen source licenses applicable to the open source software accessiblethrough the Platform);
• use any mechanism, software, or procedure which may interfere withthe proper operations of the Platform or the Services;
• upload to the Platform, the Services, or in any way communicate orsend through the same to other users, content (text, graphic, or anyother type) which is offensive, vulgar, violent, false, or harmful toArduino’s image, contrary to law, or in breach of third parties’ rightsor of the open source licenses used by the Arduino community;
• unless required by the Platform or the Services (e.g., for accountregistration or payment processing purposes), upload to the Platformany Restricted Data. “Restricted Data” means: (i) health or medicalinformation; (ii) biometric data or biometric information that can beused to identify an individual natural person; (iii) financialinformation or credit or debit card data; and (iv) data that is or revealsrace or ethnic origin, citizenship or immigration status, politicalopinions, religious or philosophical beliefs, trade union membership,genetic or neural data, data concerning a natural person’s sex life orsexual orientation, social security, driver’s license, state identificationcard, or passport number, account access credentials, or other datathat constitutes sensitive personal data or a similar term as definedunder applicable Data Protection Laws (as defined in Section 13.1below). Notwithstanding the foregoing, User may upload anindividual’s precise geolocation information as supported by thePlatform or the Services; provided; however, that User represents andwarrants that such uploading and use of such information complieswith applicable Data Protection Laws (including any requirementsunder Data Protection Laws to provide notices and obtain consents).
• copy, download, duplicate, distribute, disseminate, or in any way use– including partially – images, trademarks, text, and content belongingto Arduino or in any way found on the Platform, unless within thelimitations set forth by the applicable law;
• export any information outside the Platform, aside from those casesexpressly permitted by these Terms or by the applicable law andwithout prejudice to the rights granted by the open source licensesused by the Arduino community;
• sell, export, re-export, transfer, or otherwise make available or enableaccess to the Platform, Site, or Services, directly or indirectly, (a) to anycountry or territory, or any government of or person located,organized, or resident in such country or territory, if, at the time ofsuch transfer, export, re-export, or release, the country or territory issubject to comprehensive sanctions imposed by the U.S. or otherapplicable governmental authority, or with which Arduino hasdecided not to engage due to significant corruption, financial crime,terrorist financing, political, and business risks (currently includingBelarus, Cuba, Iran, North Korea, Russia, and the Ukrainian regions ofCrimea, Sevastopol, Donetsk, Kherson, Luhansk and Zaporizhzhia),absent applicable government authorization; (b) to any person that issubject to restrictions under U.S. and other applicable sanctions,export, and import controls laws and regulations; or (c) in a mannerthat violates, or would cause Arduino to violate, U.S. and otherapplicable sanctions and export controls laws and regulations; or
• use the Platform, Site, or Services to identify or provide evidence tosupport any potential patent infringement claim against Arduino, itsAffiliates, or any of Arduino’s or Arduino’s Affiliates’ suppliers and/ordirect or indirect customers. The term “Affiliate” means, with respectto Arduino, any corporation or other legal entity that, at any time,directly or indirectly, Controls, is Controlled by, or is under commonControl with Arduino (but only as long as such Control exists). For thepurpose of this definition, the term “Control” means: (a) the beneficialownership (whether direct or indirect) of more than fifty percent(50%) of the voting power of an entity; or (b) in the case of an entitythat does not have outstanding voting shares or securities, themajority (i.e., more than fifty percent (50%) of the equity interests insuch entity is now or hereafter owned or controlled by another entity,either directly or indirectly.

3.3 In order to maintain the Platform functionality at optimal and safe levels,User can report technical issues using the following Contact Form:https://www.arduino.cc/en/contact-us/.

4. Export and Trade Controls Compliance

4.1 User agrees that the Site, the Platform, and the Services (includingsoftware, technology, and certain services provided by Arduino) (collectively,“Items”) may be subject to EU, EU Member State, UK, US, and other applicableexport control and economic sanctions laws, orders, and regulations, including,without limitation, the EU Dual Use Regulation (Regulation (EU) 2021/821), theUK Dual Use Regulation (retained EU Regulation 428/2009), the ExportAdministration Regulations (“EAR”) (15 CFR Parts 730-774), and the ForeignAssets Control Regulations (31 CFR Parts 500-599) (collectively, “Export and Sanctions Laws”).

4.2 User, in using the Site, the Platform, and the Services, (i) will comply withall Export and Sanctions Laws, including by obtaining any required EU, EUMember State, UK, U.S. or other country licenses, authorizations, or approvals,and (ii) will not engage in any activity that would reasonably be expected tocause Arduino to violate any Export and Sanctions Laws.

4.3 User will not directly or indirectly export, re-export, transfer, or release(collectively, “Export”) any Items (whether or not incorporated into anotheritem), or any direct product thereof, to any country or territory, its government,any entity located in or organized under the laws of such country or territory,or any individual located or resident in such country or territory, if, at the timeof Export, the country or territory is subject to comprehensive sanctionsimposed by the EU or its Member States, UK, U.S. or other applicablegovernmental authority, absent applicable government authorization, or thecountry or territory is one with which Arduino has decided not to engage dueto significant corruption, financial crime, terrorist financing, political, andbusiness risks (i.e., Belarus, Cuba, Iran, North Korea, Russia, and the Crimea andother regions of Ukraine controlled by the Russian Federation) (collectively,“Restricted Territories”).

4.4 User further agrees not to directly or indirectly employ any Items in, orExport any Items for, end uses or end users that would violate the controls inthe EU Dual Use Regulation and/or Part 744 of the EAR, without any requiredgovernment authorization, including those related to prohibited missile orunmanned aerial vehicle (“UAV”) technology; prohibited nuclear, chemical, orbiological weapons activities; prohibited supercomputer and semiconductormanufacturing end uses; or for any prohibited military end use or end user.

4.5 User warrants that User is not: (i) listed on a prohibited or restricted partylist published by the U.S. government, including but not limited to the U.S.Department of Treasury’s “List of Specially Designated Nationals and BlockedPersons” and “Consolidated Sanctions List”, and the U.S. Department ofCommerce’s Entity List, Unverified List, and Denied Persons List, or any similarlist maintained by the EU or its Member States, the UK, or other applicable localauthority; (ii) located, organized or resident in a Restricted Territory; (iii) owned(50% or more in the aggregate) or controlled, directly or indirectly, by a personor entity described in clauses (i) or (ii); or (iv) otherwise the target of EU, UK, orU.S. sanctions (collectively, “Restricted Persons”). User shall not Export anyItems to any Restricted Persons without prior government authorization, to theextent required by regulation.

4.6 If User is a person or entity located in Belarus, Burma (Myanmar),Cambodia, the People’s Republic of China, Nicaragua, the Russian Federation,or Venezuela, User certifies that User is not a “military end-user” as that term isdefined in section 744.21 of the EAR, the EU Dual Use Regulation or the UK DualUse Regulation. User acknowledges that the foregoing certifications areconditions to User’s access to any Items.

4.7 User shall not deliver any hardware, software, technology, or services toArduino that are subject to the International Traffic in Arms Regulations, theWassenaar International Munitions List, or the 600 Series or 9x515 ExportControl Classification Numbers on the EAR’s Commerce Control List.

4.8 User warrants that no hardware, software, technology, or servicessupplied under this agreement are sourced or originate from or incorporatecontent from (i) a Restricted Territory or its government (including governmentagencies, instrumentalities, and entities controlled by the government); or (ii) aRestricted Person.

4.9 User further agrees not to sell, export or re-export, directly or indirectly,any Items to the Russian Federation or Belarus, or for use in the RussianFederation or Belarus, if such Items fall within the scope of Article 12g of EURegulation 833/2014 (as amended), or Article 8g of Council Regulation (EC) No.765/2006 (as amended), or if such export or re-export would otherwise violateany applicable Export and Sanctions Laws. User shall undertake its best effortsto ensure that the purpose of this paragraph is not frustrated by any thirdparties further down the commercial chain, including by possible resellers. Usershall monitor for and immediately inform Arduino about any problems inapplying this paragraph, including any relevant activities by third parties thatcould frustrate the purpose of this paragraph. User shall, upon request, makeavailable to Arduino information concerning compliance with the obligationsunder this paragraph. Breach of the obligations contained in this paragraphshall constitute a material breach of an essential element of the contractualterms pursuant to which the Items are supplied, and Arduino shall be entitledto seek appropriate remedies, including (without prejudice to any other right orremedy available to it) stopping deliveries, terminating the applicablecontract(s), and/or damages.

4.10 User agrees to defend, indemnify and hold Arduino and its Affiliatesharmless against any and all third-party claims, actions, causes of action, lossand expenses arising out of User’s failure to comply with its obligations asprovided for in the preceding section.

5. Use of the Services

5.1 Although Arduino strives to keep the Platform operational and accessible,and Arduino also provides technical assistance in order to resolve problemsrelating to the use of the Account due to Platform problems attributable toArduino through the Contact Form (https://www.arduino.cc/en/contact-us/),under certain circumstances access to the Platform or use of the Services, maybe interrupted, including in the case of necessary maintenance or updates.Given the characteristics of the Services, User acknowledges that Arduino willnot be accountable for problems in accessing the Platform due to causes whichare not directly connected to Arduino’s activities, including:

• problems relating to connectivity and continuity of Internet trafficavailable to User;
• problems relating to User’s IT systems;
• problems relating to the terminals used by User, includingmalfunctioning of devices used by User and including cases in whichthese devices (such as smartphones, tablets, computers) are notcompatible or fast enough to allow use of the Services;
• interruption of access to User’s Internet network;
• non-compatibility between User’s mobile device or browser and thePlatform; or
• any other event which may compromise User’s access to the Servicesor the Platform which is not caused by Arduino.

5.2 Furthermore, when using Arduino Cloud Services, User is responsible toread, acknowledge and adopt the Shared Responsibility Model explained here:https://www.arduino.cc/en/shared-responsibilities.

5.3 When a Premium Service requires or includes downloadable software,such downloadable software may be updated should a new version or functionbe available. User shall ensure that the software is always kept updated. Useracknowledges and agrees that, except in cases of Arduino’s failure to performits essential obligations with due care, Arduino shall not be liable for anyindirect or unforeseeable loss or consequences, (such as loss of data,malfunction, or incompatibility) arising from the download, installation, use, orupdating of such software, whether automatic, manual, or from User’s failureto keep the software updated.

This limitation shall not affect User’s statutory rights under applicableconsumer protection laws, including the right to remedies in case of lack ofconformity or defective performance. Arduino remains fully liable for anydamages caused by gross negligence or willful misconduct, or for any otherliability which cannot be excluded or limited under applicable law.Furthermore, Arduino shall not be liable towards consumers for damages thatcould have been avoided by User exercising ordinary diligence.

5.4 In the event that User uses Arduino software in the form of an application(“App”) downloaded from the Site or through links to app stores managed bythird parties, the use of the App may be subject to specific licensing agreementsand/or terms of use. By downloading the App from any online digitaldistribution platform operated by a third party (“App Store”), User also agreesto the following:

• When using the App, these Terms apply between User and Arduino,not the App Store. When User downloads the App, however, theapplicable App Store terms will also apply between User and the AppStore;
• Arduino, not the App Store, is solely responsible for the App and itscontent, as well as for any maintenance and support services, and forany product warranties (if any); and
• Arduino, not the App Store, is responsible for addressing User’sproduct claims and any third-party claim related to User’s use of theApp. The App Store is not responsible for any third-party intellectualproperty infringement claims.

5.5 The App Store provider may benefit from certain provisions of theseTerms solely to the extent necessary for the distribution and proper functioningof the App through its platform. This does not create additional obligations forUser beyond those expressly set out in these Terms. Any rights of the App Storeprovider shall be exercised in accordance with applicable consumer protectionlaws and shall not limit or affect User’s statutory rights.

6. Third-Party Content and Disclaimers

6.1 The Platform and Services may display and/or refer, from time to time, tolinks to other websites that are not owned, managed or controlled by Arduino,which User acknowledges as being not attributable to Arduino. Useracknowledges that Arduino does not endorse, monitor, review, or assume anyresponsibility for the content, products, services, or practices of any third-partywebsites or services. ACCESS TO AND USE OF SUCH THIRD-PARTY WEBSITESAND SERVICES IS AT YOUR OWN DISCRETION. ARDUINO IS NOT RESPONSIBLEFOR ANY ISSUES ARISING EXCLUSIVELY FROM OR RELATING TO USER’S USEOF OR RELIANCE ON ANY THIRD-PARTY WEBSITES OR SERVICES, EXCEPTWHERE SUCH ISSUES ARE ATTRIBUTABLE TO ARDUINO’S ACTIONS OROMISSIONS. NOTHING IN THIS CLAUSE AFFECTS USER’S STATUTORY RIGHTSUNDER APPLICABLE CONSUMER PROTECTION LAWS.

6.2 The information presented on or through the Platform and the Servicesis made available solely for general information purposes. Arduino does notwarrant the accuracy, completeness, or usefulness of this information to theextent it is provided for general, non-contractual purposes. Any reliance Userplaces on such information is strictly at User’s own risk, unless Arduino hasfailed to exercise reasonable care in making such information available.Arduino disclaims liability for any reliance placed on such materials by User,except where Arduino has not met its legal obligations. Arduino may update theinformation on the Platform or Services from time to time, but the informationmay not always be complete or up-to-date. Any of the information on thePlatform or Services may be out of date at any given time, and Arduino is underno obligation to update such information. Nothing in this clause shall excludeor limit Arduino’s responsibility where it is required to provide accurate andup-to-date information under applicable law.

7. Publishing Content

7.1 Without prejudice to any ownership rights of User of Content (definedbelow) which User publishes, for the purpose of allowing the functioning of thePlatform and the Services (including the Forum and Project Hub), User grantsto Arduino the non-exclusive, royalty free, transferable, sub-licensable,perpetual, irrevocable, to the maximum extent allowed by applicable law, forthe duration of intellectual property rights and without detriment to User’sstatutory rights (including applicable data protection rights), right to use theContent published and/or updated on the Platform as well as to distribute,reproduce, modify, adapt, translate, publish and make publicly visible allmaterial, including software, libraries, text contents, images, videos, comments,text, audio, software, libraries, or other data (collectively, “Content”) that Userpublishes, uploads, or otherwise makes available to Arduino throughout theworld using any means and for any purpose, including the use of any usernameor nickname specified in relation to the Content. Should the Content be softwarecreated by User pursuant to the Contributor License Agreement, such Contentshall be subject to the terms of the Contributor License Agreement. Userexpressly acknowledges that Content may include User’s Personal Data and,where applicable, Personal Data of minors for whom User is the legal guardian.

7.2 User is liable for the Content that User publishes, uploads, or otherwisemakes available on the Platform and/or that User provides to Arduino andundertakes not to publish, upload, or otherwise make available to the publicthrough the Platform any Content that:

• is false, illegal, misleading, defamatory, slanderous, intimidating,offensive, or in any other way contrary to law or public morality;
• offends other users, Arduino, or the online community;
• may constitute, encourage, promote, or incite unlawful conduct;
• is in breach of any patent, trademark, trade secret, copyright (meaningalso license or license scheme, open source, GPL, Creative Commons,or other standard used by the Arduino community) or any otherintellectual property right, industrial property right, or of any otherapplicable law;
• is Restricted Data, includes private or confidential information, orPersonal Data in violation of applicable law;
• constitutes promotions or trade communications; and
• is not relevant to the subject matter of the interactive areas in whichthe Content is published.

7.3 The Platform does not constitute or offer a backup service in favor ofUser, and therefore, User agrees not to rely on the Services for the purpose ofsaving or storing Content.

7.4 User acknowledges that the Content is not subject to prior verification byArduino, except to the extent specifically indicated. Therefore, User declaresand agrees that User is solely responsible – to Arduino, other users, third parties,and the competent authorities – for what User uploads to the Platform.

7.5 User may delete their Content at any time. Upon such deletion, therelevant Content will no longer be visible to other users, subject to technicaltime to allow for removal. Notwithstanding the foregoing, Content maycontinue to exist in other locations within the Platform in the event that: (i) theContent has been used by other users in compliance with the license set forthabove and has not been removed; or (ii) immediate deletion may limit Arduino’sability to detect or investigate unlawful activities or initiatives in violation ofthese Terms, to comply with a legal obligation, or to comply with a request madeby a competent authority. In such cases, Content will be retained for the periodnecessary in connection with the stated purposes.

7.6 In the sections “Forum” and “Project Hub” of the Site, the Content madeavailable to User may be sorted on the basis of the following criteria (dependingon those which will be available from time to time):

• category, i.e. on the basis of the characteristics of the Contentdepending on the selection made when uploading the Content;
• date, i.e. by prioritising the most recent Content;
• popularity, i.e. by prioritising the Content with the highest number ofinteractions;
• appreciation, i.e. by prioritising the Content which received a greaternumber of positive feedback indications by other users; and
• difficulties in the performance of the project, in order to allow User toidentify the Content which fits their needs.

8. Industrial and Intellectual Property

8.1 User acknowledges that:

• the intellectual and industrial property rights used on the Platform –specifically the Arduino word and logo trademarks (seehttps://www.arduino.cc/en/trademark) – as well as the domain namesinclusive of the “Arduino” mark are exclusive property of Arduino;
• Arduino has exclusive title to the intellectual and industrial propertyrights in respect of the Platform, the software, and the databasesconnected to the Platform, the text, artwork, layout and the look andfeel of the Platform (with the exception of the Content of users and forthe Content released or anyway made available pursuant to publiclicense agreements, open source, GPL, LGPL, Creative Commons, orany other non-proprietary licenses);
• Arduino has exclusive title to the Arduino project, the related know-how, all technical, and all trade information relating to it; and
• User undertakes not to infringe or negatively affect these rights.
• For any information or request for use of trademarks, logos, or otherservice marks, User can contact Arduino by email attrademark@arduino.cc.

8.2 User shall not:

• translate, decompile or reverse-engineer the Platform, or engage inany other activity designed to identify the algorithms and logic of thePlatform’s operation, unless expressly allowed by Arduino or byapplicable license agreements; or
• extract or make copies of the information contained in the Platform(except with respect to Content owned by other users), makederivative works from the Platform, reuse the Platform, or make anyother use of the Platform other than as set forth in these Terms or aspermitted by applicable law.

8.3 User represents to be the owner of each and every exploitation rightrequired to lawfully publish Content on the Platform and undertakes not topublish Content on the Platform of any type, the use of which might constitutean infringement of third-party rights (meaning also the breach of the terms ofpublic license agreements, open source, GPL, LGPL, Creative Commons, or anyother non-proprietary license schemes normally used by the Arduinocommunity).

8.4 Should the Platform or the Services allow the downloading of specificcontents, the download of a copy – unless otherwise indicated – shall be only onone computer device, for personal and not commercial use. In addition, Usershall not:

• remove or alter ownership or copyright notices in the downloadedcontent;
• sell or modify the content, reproduce, view, publicly use, distribute, orutilize the same in any other manner for public or commercialpurposes without Arduino’s prior written authorization; or
• use the downloaded content in such a manner as to suggest anyassociation with Arduino products, services, or trademarks.

It is further prohibited to copy (or “mirror”) any Platform contents to any otherserver. Unless otherwise indicated, the use of the Platform contents on otherwebsites or on networked computers for any purpose is prohibited withoutArduino’s written authorization. The above is without prejudice to the use ofthe software or other content, such as documentation, obtained pursuant to anypublic license agreements, open source, GPL, LGPL, Creative Commons, or anyother non-proprietary license.

8.5 Neither the license or provision of the Platform, Services or other Arduinoofferings or any portion thereof by Arduino or any Arduino Affiliates, nor anyprovision of these Terms, shall be construed as to grant to User, either expressly,by implication by way of estoppel, or otherwise, any license or other right underany of such patents of Arduino or any Arduino Affiliates. You, on behalf ofyourself and (as applicable) your Affiliates, agree not to contend in any contextthat, as a result of the provision or use of the Platform, the Services or any otherArduino offering or any portion thereof, Arduino or Arduino Affiliates has anyobligation to extend, or that you or any other party has obtained any right to,any license, whether express or implied, with respect to, any patent of Arduinoor any Arduino Affiliates, for any purpose. Nothing in this clause affects User’sstatutory rights under applicable consumer protection laws, nor does it excludeor limit any rights which cannot lawfully be excluded under applicable law.

9. Acceptable Use of the Site, the Platform, and the Services (AI Policy)

9.1 Purpose and Scope

This Section 9 (the “Policy”) sets forth additional requirements and restrictionsregarding the use of any artificial intelligence (“AI”) features, models,algorithms, or related materials (“AI Products”) made available by Arduinothrough the Site, the Platform, or the Services. This Policy applies to all usersand supplements the general obligations and restrictions set forth elsewhere inthese Terms. This Policy is intended to ensure that all users of Arduino’s AIProducts do so in a manner that is ethical, lawful, and consistent with Arduino’svalues and legal obligations.

9.2 Prohibited Uses of AI Products

User must not use, or permit others to use, any AI Products provided by Arduinofor any of the following purposes or activities (“Prohibited Uses”):

• Military Use: Use by or for any military organization or for anymilitary purpose, including but not limited to projects sponsored orpaid for by military organizations, or use by the U.S. Department ofDefense (except for DARPA), U.S. Armed Forces, U.S. Department ofHomeland Security, U.S. intelligence agencies, or any foreigncounterparts of the foregoing.
• Criminal Use: Any activity prohibited under applicable law orregulation, or any activity associated with identifying, predicting, orprofiling criminal activity, including but not limited to predictivepolicing based on facial attributes, emotion analysis, or personal datasuch as name, address, gender, sexual orientation, race, religion, age,location, political affiliations, employment status, health or medicalconditions, or social media and publicly available data.
• Violation of Law: Any use that violates any applicable national,federal, state, local, or international law or regulation.
• Exploitation or Harm: Any use intended to exploit, harm, or attemptto exploit or harm any person in any way, including generating ordisseminating verifiably false information with the purpose ofharming others, or generating or disseminating personallyidentifiable information that can be used to harm an individual.
• Deceptive or Manipulative Acts: Any use to generate or disseminateinformation or content (including posts, articles, chatbots, orautomated bots) without expressly and intelligibly disclaiming thatthe text is machine-generated; to defame, disparage, or harass others;to impersonate others; or to engage in unfair, manipulative, ordeceptive acts.
• Automated Decision-Making: Any use for fully automated decision-making that adversely impacts an individual’s legal rights orotherwise creates or modifies a binding, enforceable obligation.
• Discrimination and Social Scoring: Any use intended to or which hasthe effect of discriminating against or harming individuals or groupsbased on online or offline social behavior, known or predictedpersonal or personality characteristics, or legally protectedcharacteristics or categories; or for social scoring.
• Exploitation of Vulnerable Groups: Any use that exploitsvulnerabilities of specific groups based on age, disability, economicor social situation, or physical or mental characteristics, including tomaterially distort the behavior of a person in a manner likely to causephysical or psychological harm.
• Biometric and Facial Recognition: Generating facial recognitiondatabases by scraping images from the Internet or CCTV footage; useof biometric categorization systems based on sensitivecharacteristics; real-time remote biometric identification in publiclyaccessible spaces for law enforcement; or emotion recognition in theworkplace or education.

9.3 High-Risk Applications

The following use cases are considered high-risk (“High-Risk Applications”):

• Biometric identification (not otherwise prohibited above)
• Critical infrastructure
• Education and vocational training
• Employment
• Access to and enjoyment of essential private services and essentialpublic services and benefits
• Law enforcement
• Migration, asylum, and border control management
• Recommender systems of social media platforms
• Administration of justice and democratic processes
• Any other AI system that, when deployed, makes or is a substantialfactor in making a consequential decision

The AI Products are not designed or intended for use in connection with anyHigh-Risk Applications. Any use of the AI Products for High-Risk Applications isat User’s sole risk, and User assumes all risk associated with such use.

9.4 Monitoring and Compliance

Arduino reserves the right to monitor User accounts and use of the AI Products,including but not limited to usage of features and functions, compute time, andstorage, for the purposes of:

• Operating the AI Products and Services properly
• Administering and managing Arduino’s business
• Providing all users with high-quality products and services
• Verifying compliance with laws and this Policy
• Protecting Arduino and its users
• Satisfying any law, regulation, or government request

9.5 User Responsibilities

User is responsible for ensuring that their use of the AI Products complies withthis Policy and all applicable laws and regulations. User must not attempt tocircumvent or disable any monitoring or compliance mechanisms implementedby Arduino.

9.6 Consequences of Violation

Any violation of this Policy may result in suspension or termination of User’sAccount, removal of access to the AI Products, and/or other actions as set forthin these Terms. Arduino reserves the right to report any unlawful activity to theappropriate authorities.

10. Term – Termination of these Terms and Cancellation of User’s Account

10.1 Except for the specified term which might be provided for the PremiumServices, these Terms are open-ended and shall cease to be effective in the eventof (i) termination or the closure of User’s Account, or (ii) User’s cessation of theuse of the Services, in accordance with Section 10.5 below, making their Accountinactive.

10.2 User is entitled to cancel their Account once logged-in by following therelevant cancellation procedure made available online via their accountmanagement page. Seven (7) business days after User has completed theAccount cancellation procedure, Arduino shall finalize cancellation of theAccount and de-identify all posts in the Forum and in the Project Hub made viathe cancelled Account, by deleting User’s Account username and all otherPersonal Data which may directly identify User with respect to such posts. OtherPersonal Data related to cancelled Accounts will otherwise be deleted afterexpiration of the relevant statute of limitations. Upon cancellation, User mustpay any outstanding bills. As soon as User cancels User’s Account, User is nolonger licensed to use the Services, and User must cease using the Servicesimmediately.

10.3 Arduino may suspend or terminate User’s Account (and any accountsArduino determines are related to User’s Account) and User’s access to theServices only where such action is justified by specific reasons, includingviolations of these Terms by User, User’s Content, or User’s use of the Services.Arduino shall be able to demonstrate and, upon request, provide evidence ofthe reasons for any suspension or termination, and shall not exercise this rightin a purely discretionary or arbitrary manner. Personal Data related to asuspended or terminated Account will continue to be processed. Arduino mayde-identify or delete the posts made via the suspended or terminated Accountfrom the Forum and Project Hub. Other Personal Data related to the terminatedAccount will otherwise be deleted after expiration of the relevant statute oflimitations.

10.4 In all cases, including instances of repeated violations, Arduino isobligated to notify User of the reasons for the suspension or termination of theAccount. The obligation to notify is not waived by the occurrence of repeatedviolations. Notification may only be withheld if legal or regulatoryrequirements expressly prohibit such disclosure.

10.5 Should User be inactive for twenty-four (24) months, Arduino may closetheir Account for inactivity. The posts made via the inactive Account will remainon the Forum and Project Hub for a period of five (5) years and will continue toidentify User during such period via username, and after such five (5)year period such posts will become de-identified by deleting all Personal Data whichmay directly identify User.

11. Changes

11.1 Arduino reserves the right to change, suspend, or discontinue anyService. However, if User has paid for a Premium Service, Arduino will providethe Premium Service for the term specified at the time of purchase. Should itbecome necessary to discontinue a Premium Service, Arduino will notify Userin advance and provide clear reasons for the discontinuation. Notice willnormally be given at least thirty (30) calendar days before discontinuation,unless earlier notice is not possible due to urgent circumstances (such ascompliance with a legal or regulatory obligation, a security threat, or a seriousviolation of these Terms by User). In such cases, User will be entitled to a refundfor any portion of the Premium Service that has not been used and for whichpayment was previously made and, where required by applicable law, to anyadditional remedies provided under applicable consumer protection laws.Arduino shall not be liable for indirect or unforeseeable losses, but this does notaffect liability for damages that are reasonably foreseeable and directly causedby Arduino’s failure to comply with its contractual or legal obligations, or forany liability that cannot be excluded or limited under applicable law.

11.2 Arduino reserves the right to modify these Terms at any time. Anymodifications will be published on the Site and communicated to User byAccount notification. Unless otherwise specified in the notice, all modificationsto these Terms will become effective thirty (30) calendar days after the date thenotice is provided to User. Continued use of the Platform after the effective dateof any modifications constitutes acceptance of the revised Terms. It remainsunderstood that, should User be unwilling to accept the changes to these Termsmade by Arduino, User may at any time delete their Account and stop their useof the Platform.

12. Assignment of these Terms

12.1 Arduino may assign these Terms, in whole or part, to any Affiliate, parentcompany, or successor in interest, without User’s consent.

12.2 User may not assign, transfer, delegate, or otherwise dispose of theseTerms, or any of User’s rights or obligations hereunder, whether voluntarily,involuntarily, by operation of law, or otherwise, without the prior writtenconsent of Arduino. Any attempted assignment or transfer by User in violationof this provision shall be null and void and of no force or effect.

13. Privacy and Protection of Personal Data

13.1 User agrees to abide by all applicable laws, including applicable lawsrelated to data protection, privacy or security, or the processing of PersonalData (“Data Protection Laws”), in connection with accessing and using thePlatform. User represents and warrants that to the extent required byapplicable law, they have provided, or they will provide all notices and theyhave obtained or will obtain all consents and/or authorization for Personal Dataof third parties included in Content to be processed as contemplated by theseTerms. User’s Personal Data shall be processed in accordance with the privacypolicy statement available at:https://www.arduino.cc/en/Main/PrivacyPolicy.For purposes of these Terms, “Personal Data” means data and informationdefined as “personal information,” “personal data,” or such equivalent termunder applicable Data Protection Laws. To the extent that Arduino processesPersonal Data in Arduino’s capacity as a processor (or analogous term underData Protection Laws) when providing Services to enterprises or educationalinstitutions, the parties will be additionally bound by, and comply with theirrespective obligations under, the Data Processing Agreement availablehere,including the Service Details appendix, availablehere, unless an agreementconcluded by the parties expressly excludes application of the Data ProcessingAgreement.

14. Communications – Point of Contact for the Authorities and Recipients of

the Services

14.1 Without prejudice to any other provision of these Terms, User maycontact Arduino at: Arduino S.r.l. (Italian VAT and tax registration number09755110963) Via Agostino da Montefeltro 2, Torino, 10134, Italy.

15. Moderation of the Content, Restrictions Imposed on User and

Complaints

15.1 In order to safeguard the digital environment of the Platform, and toallow activities to be conducted in compliance with applicable law, Arduinomay take non-automated initiatives to detect, identify, and counteract illegalcontent and information that is incompatible with these Terms. Moreover, forthe same purposes, as part of the provision of intermediary services (i.e., withreference to the “Forum” and “Project Hub” sections of the Site), Arduinoprovides a mechanism to allow User – as well as other persons or entities – toelectronically report (a “Report”) the presence on the Platform of informationthat is believed to constitute illegal content or is in violation of these Terms(“Reporting Mechanism”). More information regarding the ReportingMechanism is available at:https://www.arduino.cc/en/digital-services-act/.

15.2 The Reporting Mechanism may be activated:

• directly through the content in question;
• through the “Reporting Violations” section available athttps://report-content.arduino.cc/; and
• by filling in all the required fields and submitting precise andadequately reasoned Reports that allow Arduino to acquire effectiveknowledge or awareness to identify the illegality of the relevantactivity or information without detailed legal examination.

15.3 With reference to possible breaches or infringements by User, withoutprejudice to Arduino’s right to send prior warnings:

• in case of sharing of the Account Credentials with a third party,Arduino may delete and close the Account of User;
• in case of a breach of the provisions of Section 2.3 (relating to User’sAccount information), Arduino may suspend User’s registration orAccount until the issue is resolved, or suspend their Account (ifalready registered) until a username that does not infringe theseTerms or applicable law is used;
• in case of breach of the obligations related to the use of the Platform,as well as of infringement of Arduino’s rights, Arduino may suspendUser’s Account or, based on the seriousness of the conduct, delete andclose User’s Account;
• in the event that User uploads Content in breach of these Terms,including with respect to third-party rights, Arduino may delete therelevant Content and, based on the severity of the conduct, suspendUser’s Account. In the event of repeated uploads of Content inviolation of these Terms, Arduino may also delete and terminateUser’s Account; and
• in case of infringement by User of third parties’ intellectual orindustrial property rights, according to the provisions of Section 8, orof provisions set forth by the applicable law, Arduino reserves theright to suspend User’s Account or, based on the seriousness of theconduct, delete and close User’s Account.

15.4 The restrictions adopted by Arduino shall be without prejudice toArduino’s right to seek recourse to judicial remedies or pursue alternativedispute resolution.

15.5 If a restriction is imposed on User hereunder, Arduino shall provide Userwith a statement of reasons. The statement of reasons may include the followinginformation:

• the type and duration (if applicable) of the restriction imposed (e.g.,content removal, Account suspension, or Account deletion);
• an indication of the circumstances on which the decision was based(including, if applicable, an indication of whether the decision wasbased on a third-party report or pursuant to a direct initiative byArduino);
• if applicable, an indication of whether the content was identified byor the decision was made with the aid of automated tools;
• a reference to the applicable statute, provision or section of theseTerms that is alleged to have been violated, including an explanationof the grounds for the decision; and
• an indication of the remedies available to User.

15.6 User is entitled to use the complaints management system(“Complaints”) to challenge the decisions (“Decisions”) adopted by Arduinothat result from the receipt of a Report through the Reporting Mechanism thatindicate (to the extent applicable) Arduino’s decision to: (a) remove Content ordisable access to it or restrict its visibility; (b) suspend or terminate in whole orin part the provision of Services to User; (c) suspend or terminate User’sAccount; or (d) suspend, terminate, or otherwise limit the ability to monetizethe information provided by User.

15.7 The internal system for handling Complaints can be activated by sendingan email todsa@arduino.cc within six (6) months from the day the Decision iscommunicated. Arduino shall communicate its reasoned decision regarding aComplaint without undue delay, also highlighting the possibility of recourse toout-of-court dispute resolution procedures.

15.8 Arduino may suspend for a reasonable period of time:

• the provision of Services to users who frequently submit manifestlyillegal Content; or
• the processing of Reports and Complaints filed by persons, entities, orcomplainants who frequently submit manifestly unfounded Reportsor Complaints.

For the purpose of evaluating a suspension, Arduino will assess – on a case-by-case basis and in a timely, diligent, and objective manner – whether User,person, entity, or complainant is committing abuse, taking into account allrelevant facts and circumstances that are apparent from the informationavailable to Arduino, which will include, at a minimum: (a) the number, inabsolute terms, of manifestly illegal content or manifestly unfounded Reportsor Complaints filed within a given timeframe; (b) the relative proportion inrelation to the total amount of information or Complaints filed within a giventime frame; (c) the seriousness of the abuse, including the nature of the illegalcontents and the relevant consequences; and (d) where identifiable, theintention of User, person, entity, or complainant.

15.9 Sections 15.9-15.10 shall only apply to the extent the Digital MilleniumCopyright Act is applicable. Arduino respects third parties’ intellectual propertyrights and expects User to do the same. Arduino will respond to notices ofalleged copyright infringement that comply with applicable law and areproperly reported.

15.10 If you are a copyright or trademark owner (or an agent of a copyrightowner) and believe that content on the Platform infringes upon your copyrightsor trademarks, you may submit a notification pursuant to the Arduino DMCAPolicy available at link:www.arduino.cc/en/dmca-policy.

16. Indemnification

16.1 User shall indemnify and hold harmless Arduino, its Affiliates, licensors,and service providers, and its and their respective officers, directors,employees, contractors, agents, licensors, suppliers, successors and assignsfrom and against any claims, liabilities, damages, judgments, awards, losses,costs, expenses, or fees (including reasonable attorneys’ fees) arising out of orrelating to User’s breach of these Terms or access or use of the Platform orServices.

17. Disclaimer

17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARDUINOWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTEDDENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLYHARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL AS ARESULT OF YOUR USE OF THE PLATFORM OR SERVICES, EXCEPT WHERE SUCHLOSS OR DAMAGE IS DIRECTLY ATTRIBUTABLE TO ARDUINO’S FAILURE TOEXERCISE REASONABLE CARE AND TO COMPLY WITH ITS LEGALOBLIGATIONS. EXCEPT FOR ANY MANDATORY QUALITY RIGHTS PROVIDEDUNDER APPLICABLE CONSUMER PROTECTION LAWS, YOUR USE OF THEPLATFORM AND SERVICES IS AT YOUR OWN RISK. THE PLATFORM ANDSERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, ORANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUTOF A COURSE OF DEALING OR COURSE OF PERFORMANCE.

17.2 EXCEPT FOR ANY MANDATORY QUALITY RIGHTS PROVIDED UNDERAPPLICABLE CONSUMER PROTECTION LAWS, NEITHER ARDUINO NOR ANYPERSON ASSOCIATED WITH ARDUINO MAKES ANY WARRANTY ORREPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY,QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM AND SERVICES.WITHOUT LIMITING THE FOREGOING, NEITHER ARDUINO NOR ANYONEASSOCIATED WITH ARDUINO REPRESENTS OR WARRANTS THAT THEPLATFORM AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, ORUNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THEPLATFORM AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS; OR THAT THE PLATFORM AND SERVICES WILL OTHERWISEMEET YOUR NEEDS OR EXPECTATIONS, EXCEPT WHERE REQUIRED BYAPPLICABLE CONSUMER PROTECTION LAWS.

17.3 FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION OR THESETERMS EXCLUDES OR LIMITS ANY STATUTORY RIGHTS OR WARRANTIES THATARE PROVIDED TO CONSUMERS UNDER APPLICABLE LAW, INCLUDING ANYMANDATORY CONSUMER WARRANTIES FOR DIGITAL SERVICES. IF YOU ARE ACONSUMER, YOU ARE ENTITLED TO THE LEGAL RIGHTS AND REMEDIESPROVIDED BY LAW IN YOUR COUNTRY OF RESIDENCE, AND NOTHING IN THISPROVISION OR THESE TERMS AFFECTS THOSE RIGHTS.

17.4 THE LIMITATIONS AND EXCLUSIONS SET OUT IN THIS SECTION 17 DONOT APPLY IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BYARDUINO OR IN ANY OTHER CIRCUMSTANCES WHERE LIABILITY CANNOT BEEXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. LIMITATION ON LIABILITY

18.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTALLIABILITY OF ARDUINO AND ITS AFFILIATES, LICENSORS, SERVICEPROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, FOR ANYCLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM ANDSERVICES, REGARDLESS OF THE LEGAL BASIS (INCLUDING CONTRACT, TORT,OR OTHERWISE), SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEESPAID BY YOU TO ARDUINO FOR THE SERVICES GIVING RISE TO THE CLAIM INTHE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTGIVING RISE TO SUCH CLAIM. THIS LIMITATION DOES NOT APPLY IN CASESOF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR WHERE LIABILITYCANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.2 TO THE EXTENT PERMITTED BY LAW, AND EXCEPT WHERE LIABILITYCANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, ARDUINO ANDITS AFFILIATES SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIALDAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OFGOODWILL, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF OR INCONNECTION WITH THE PLATFORM AND SERVICES, OR ANY BREACH OF ANYOBLIGATION UNDER THESE TERMS, REGARDLESS OF THE LEGAL BASIS(INCLUDING CONTRACT, TORT, OR OTHERWISE), WHETHER OR NOT ARDUINOHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IFADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.3 THIS SECTION 18 DOES NOT AFFECT ANY LIABILITY THAT CANNOT BEEXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO AVOID DOUBT,NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY TO UK OR EUCONSUMERS FOR ANY DEATH OR PERSONAL INJURY CAUSED BY OURNEGLIGENCE, LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION,OR ANY OTHER LIABILITY THAT THE LAW DOES NOT ALLOW US TO EXCLUDEOR LIMIT.

18.4 ANY PROVISIONS CONCERNING THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES IN THESE TERMS ARE NOT APPLICABLE IN NEW JERSEYWITH RESPECT TO PUNITIVE DAMAGES, LOSS OF DATA, AND LOSS OF ORDAMAGE TO PROPERTY.

19. Governing Law & Forum Choice

19.1 For U.S. users: If User is a U.S. resident, then User and Arduino agree that,except as otherwise provided in Section 21, the law governing the Terms, alltransactions between User and Arduino, including User’s use of the Platformand the Services, and all Claims shall be the laws of the State of Delaware,without regard to its choice-of-law rules or principles. The United NationsConvention on Contracts for the International Sale of Goods shall not apply. Inaddition, except as otherwise provided in Section 19, or if any Claim isdetermined not to be subject to arbitration under Section 21, the exclusivejurisdiction and venue for proceedings concerning such Claims shall be the stateor federal courts of competent jurisdiction in New Castle County, Delaware.

19.2 For consumers who are in the United Kingdom or European Union: IfUser is a consumer who resides in the United Kingdom or European Union, thenUser and Arduino agree that the law governing the Terms, all transactionsbetween User and Arduino, including User’s use of the Platform and theServices, and all Claims shall be the laws of User’s usual place of residence,without regard to that country’s choice-of-law rules or principles. The UnitedNations Convention on Contracts for the International Sale of Goods shall notapply. In addition, the jurisdiction and venue for proceedings brought byconsumers concerning any Claims shall be the courts of User’s usual place ofresidence or User may also bring a Claim in the courts of England.

19.3 For users outside of the U.S. and professional users in the United Kingdomor European Union: If User is not a resident of the jurisdiction referenced inSection 19.1 or is a resident in the United Kingdom or European Union who doesnot qualify as a consumer, then User and Arduino agree that the law governingthe Terms, all transactions between User and Arduino, including User’s use ofthe Platform and the Services, and all Claims shall be the laws of England andWales, without regard to that country’s choice-of-law rules or principles butsubject to any mandatory provisions of User’s country of residence that cannotbe varied by agreement. The United Nations Convention on Contracts for theInternational Sale of Goods shall not apply. In addition, the jurisdiction andvenue for proceedings concerning any Claims shall be the courts of England,subject to any mandatory provisions of the law of your country of residence thatcannot be varied by agreement.

20. No Waiver; Severability

No waiver by Arduino of any term or condition set out in these Terms shall bedeemed a further or continuing waiver of such term or condition or a waiver ofany other term or condition, and any failure of Arduino to assert a right orprovision under these Terms shall not constitute a waiver of such right orprovision.

Unless otherwise provided in Section 19 above, if any provision of these Terms,or a portion thereof, is held by a court or other tribunal of competentjurisdiction to be invalid, illegal, or unenforceable for any reason, suchprovision or portion shall be eliminated or limited to the minimum extent suchthat the remaining provisions or portions of these Terms will continue in fullforce and effect.

21. Dispute Resolution (U.S. Users): Binding Individual Arbitration; Class

Action & Jury Trial Waiver (“Arbitration Agreement”)

This Section 21 shall only be applicable to users located in the United States ofAmerica (U.S.).

21.1 Mandatory Binding Arbitration of Disputes

You and Arduino agree that, subject to limited exceptions specified in this Arbitration Agreement, all controversies, causes of action, claims, counterclaims, or other disputes between you and Arduino or you and a third-party agent of Arduino, including those regarding the breach, termination, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement (collectively, “Claims”), whether such Claims arose before, on, or subsequent to you entering into these Terms, will be resolved through final and binding, individual arbitration administered by the American Arbitration Association (“AAA”) instead of through court proceedings. This Arbitration Agreement applies to any existing or future Claims that you have not filed in a court of law or in arbitration prior to the date you agreed to these Terms. You and Arduino agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and Arduino each retain theright to bring an individual action in small claims court if it qualifies. Each partyalso retains the right to seek injunctive or other equitable relief in a court ofcompetent jurisdiction to prevent the actual or threatened infringement,misappropriation, or violation of a party’s copyrights, trademarks, tradesecrets, patents, or other intellectual property rights.

21.2 Class Action/Jury Trial Waiver

You and Arduino hereby waive any right to a jury trial of any Claim and the right to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Arduino agree in writing or unless otherwise permitted by this Arbitration Agreement, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding.Neither you nor Arduino may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. If the parties’ Claim is resolved through arbitration, the arbitrator may not consolidate another person’s Claims with your Claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing Class Action/Jury Trial Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and you and Arduino shall be deemed not to have agreed to arbitrate Claims. This Arbitration Agreement shall survive any termination of these Terms.

21.3 Opt-Out Procedures

You can choose to reject this Arbitration Agreement by sending Arduino awritten opt-out notice (“Opt-Out Notice”) within thirty (30) calendar daysfollowing the date you first agree to this agreement by mail at via Agostino daMontefeltro, 2 - 10134 Turin - Italy or by email atlegal@arduino.cc. If mailed,the Opt-Out Notice must be postmarked no later than thirty (30) calendar daysfollowing the date you first agree to this agreement. To be effective, the Opt-OutNotice must contain your name, address, and signature. If you opt out of theArbitration Agreement, all other parts of these Terms will continue to apply toyou. Opting out of this Arbitration Agreement has no effect on any previous,other, or future arbitration agreements that you may have with Arduino.

21.4 Rules & Procedures

21.4.1 Informal Dispute Resolution

We try to address any disputes without the need to initiate a formal legal case.In the event of a Claim, you and Arduino agree to make a good faith effort toresolve it informally, including having at least one telephone orvideoconference conversation between you, personally, and us. To initiate thisgood faith effort to informally resolve a dispute, you and Arduino agree to sendthe other party a written Notice of Dispute stating the name, address, andcontact information of the party giving notice; the nature of the Claims and thebasis for the Claims; and the resolution requested, including any monetaryamount, with as much detail as possible so that the parties can gain a sufficientunderstanding of the Claim. You must send any Notice of Dispute by mail to viaAgostino da Montefeltro, 2 - 10134 Turin - Italy or by email tolegal@arduino.cc.We will send any Notice of Dispute to you at the email address or mailingaddress we have for you, if any. Within sixty (60) calendar days after the Noticeof Dispute is received, the parties agree to engage in good faith efforts to resolvethe Claim, including personally participating in a telephone call orvideoconference with us. You may have a lawyer attend the call with you if youwish. If the Claim is not resolved within the sixty (60) calendar day period(which period can be extended by agreement of the parties), you or we maycommence proceedings as set out in this Arbitration Agreement. Complyingwith and completing this informal dispute resolution process is a conditionprecedent to commencing an arbitration. You and we agree to toll anyapplicable statute of limitations and filing fee deadlines while the partiesengage in this informal dispute resolution process from the date any Notice ofDispute is received to the date an action is commenced or the conclusion of thesixty (60) day period described above, whichever is sooner.

21.4.2 If the parties cannot resolve the Claim informally, as provided bySection 21.4.1, User and Arduino agree that all Claims shall be resolvedexclusively through individual arbitration, as provided in this ArbitrationAgreement, in accordance with AAA’s Consumer Arbitration Rules andMediation Procedures, including any supplementary rules and fee schedulesthen in effect and as applicable, except as modified by this agreement (“AAA Rules”). The AAA Rules are available atwww.adr.org or by calling +1-800-778-7879. The arbitration will be heard and determined by a single arbitrator. Thearbitrator’s decision in any such arbitration will be final and binding upon theparties and may be enforced in any court of competent jurisdiction. The partiesagree that the arbitration proceedings will be kept confidential and that theexistence of the proceeding and any element of it (including, without limitation,any pleadings, briefs, or other documents submitted or exchanged and anytestimony or other oral submissions and awards) will not be disclosed beyondthe arbitration proceedings, except as may lawfully be required in judicialproceedings relating to the arbitration by applicable disclosure rules andregulations of securities regulatory authorities or other governmental agencies,or as specifically permitted by state law.

It is the intent of the parties that the AAA Rules, the U.S. Federal Arbitration Act,and federal arbitration law shall apply to this Arbitration Agreement andpreempt all state laws to the fullest extent permitted by law.

To begin an arbitration proceeding, you must send us an individual letter signedby you requesting arbitration and describing your claim at Arduino S.r.l.,legal@arduino.cc, Attention: Legal Department. This letter must be sent at leastten (10) calendar days before you initiate an arbitration proceeding against us.A party that wishes to commence arbitration must submit a written Demand forArbitration to AAA and give notice to the other party as specified in the AAARules. You can contact AAA for more information on how to commence anarbitration proceeding atwww.adr.org or by calling +1-800-778-7879. Anyarbitration hearings will take place in California, where Arduino resides, in thecity or county wherein you reside, or at another mutually agreed location(including by telephone or remote means). Any party to the arbitration may atany time serve an offer of compromise in writing upon any other party to theaction. Offers of compromise pursuant to this agreement will be adjudicatedand interpreted in accordance with California Code of Civil Procedure section998. Payment of all filing, administration and arbitrator fees will be governedby the AAA Rules.

This Arbitration Agreement does not preclude you or Arduino from seekingaction by federal, state, or local government agencies under the limitedcircumstances set forth in this section of the Agreement. You and Arduino alsohave the right to bring qualifying claims in small claims court or transferqualifying claims to small claims court. Either party may request that a Claimbe filed exclusively in a small claims court of competent jurisdiction, if the Claimqualifies, by providing notice to the other party. In the event a Claim has alreadybeen filed in arbitration, the party who has filed that Claim will, within ten (10)calendar days of receiving such a notice, withdraw their Claim from arbitration.The parties will then proceed with the Claim exclusively in small claims court.Any request to resolve Claims in small claims court shall not be deemedincompatible with or a waiver of any rights under this Arbitration Agreement.

No waiver of any provision of this Arbitration Agreement will be effective orenforceable unless recorded in a writing signed by the party waiving such aright or requirement. Such a waiver shall not waive or affect any other portionof these Terms.

The arbitrator may award in the arbitration the same damages or other reliefavailable under applicable law, including injunctive and declaratory relief, as ifthe action were brought in court on an individual basis. Notwithstandinganything to the contrary in the foregoing or herein, and unless otherwiseprohibited by law, the arbitrator may not issue a “public injunction” and anysuch “public injunction” may be awarded only by a federal or state court. Ifeither party seeks a “public injunction,” all other claims and prayers for reliefmust be adjudicated in arbitration first and any prayer or claim for a “publicinjunction” in federal or state court shall be stayed until the arbitration iscompleted, after which the federal or state court can adjudicate the party’sclaim or prayer for “public injunctive relief.” In doing so, the parties agree thatthe federal or state court shall be bound under principles of claim or issuepreclusion by the decision of the arbitrator to the fullest extent permitted bylaw.

This Arbitration Agreement will survive the termination of these Terms or yourrelationship with Arduino.

21.5 Mass Arbitration Process Requirements

If twenty-five (25) or more similar arbitration demands are presented by or withthe assistance, coordination, or cooperation of the same law firm, group of lawfirms, cooperating law firms, or organization (and your Claim is one such claim)(“Mass Arbitration”), you understand and agree that the resolution of yourClaim might be delayed. You also agree to the following process and applicationof the AAA Consumer Mass Arbitration and Mediation Fee Schedule and MassArbitration Supplementary Rules. For purposes of this provision, a neutralarbitrator (“Process Arbitrator”) will be appointed to make determinationsregarding the administration and management of the arbitration process itself,including the allocation and division of arbitration fees and costs, thesequencing and batching of claims, and the application of relevant rules and feeschedules. If the Process Arbitrator finds that your lawyer or their businesspartner is directly or indirectly paying or advancing the arbitration fees andcosts in a Mass Arbitration on your behalf, the Process Arbitrator shall havediscretion to determine whether the total arbitration fees and costs due to AAAacross all batches should be split evenly between the claimants, on the onehand, and us, on the other hand. The Process Arbitrator shall make or confirmthis discretionary decision before the initiation of each batch, as set out below.In the final decision, the arbitrator can reevaluate and divide the arbitrationfees and costs among the parties in amounts the arbitrator sees fit to ensure afair division among the parties.

Twenty (20) claims shall be selected to proceed to individual arbitrationproceedings as part of a first batching process, ten (10) of which will be selectedby the claimants and ten (10) of which will be selected by Arduino. Theremaining claims shall not be filed or deemed filed in arbitration nor shall anyAAA fees be assessed in connection with those claims until they are selected toproceed to individual arbitration proceedings as part of the staged processdescribed herein. If the parties are unable to resolve the remaining claims afterthe conclusion of the initial twenty (20) proceedings, the parties shallparticipate in a global mediation session before a retired state or federal courtjudge, for which Arduino will pay the mediator’s fee. If the parties are unableto resolve the remaining claims through mediation at this time, then forty (40)claims shall be selected to proceed to individual arbitration proceedings as partof a second batching process, twenty (20) of which will be selected by theclaimants and twenty (20) of which will be selected by Arduino. (If there arefewer than forty (40) claims remaining, all shall proceed.) The remaining claimsshall not be filed or deemed filed in arbitration nor shall any AAA fees beassessed in connection with those claims until they are selected to proceed toindividual arbitration proceedings as part of the staged process describedherein. In any batching process, a single arbitrator shall preside over eachproceeding, and only one proceeding may be assigned to each arbitrator unlessthe parties agree otherwise.

If the parties are unable to resolve the remaining claims after the conclusion ofthe forty (40) proceedings, the parties shall participate in another globalmediation session before a retired state or federal court judge, for whichArduino will pay the mediator’s fee. If the parties are unable to resolve theremaining claims in mediation at this time, this staged process shall continuewith no more than one hundred (100) claims proceeding at any time in a stagedorder that is selected randomly or by the AAA, until all the coordinated claims,including your Claim, are adjudicated or otherwise resolved. At any time duringthese proceedings, we agree to participate in a global mediation session shouldyour counsel request it in an effort to resolve all remaining claims. Anyapplicable statute of limitations on your Claims and filing fee deadlines shall betolled for claims subject to this section regarding “Mass Arbitration ProcessRequirements” from the time claims are selected for the first set of batchingproceedings until the time your Claim is selected to proceed in arbitration,withdrawn or otherwise resolved. A court of competent jurisdiction shall haveauthority to enforce this section regarding “Mass Arbitration ProcessRequirements.”

Should a court of competent jurisdiction decline to enforce these “MassArbitration Process Requirements,” you and we agree that your counsel and ourcounsel shall engage in good faith, with the assistance of a Process Arbitrator todevise and implement procedures that ensure that arbitration remains efficientand cost-effective for all parties. Either party may engage with the AAA toaddress reductions in arbitration fees.

21.6 Changes to Arbitration Agreement

Notwithstanding anything to the contrary in these Terms, if Arduino changesany of the terms of this Arbitration Agreement after the date you first acceptedthese Terms (or accepted any subsequent changes to these Terms), you mayreject any such change by sending us written notice of such rejection withinthirty (30) calendar days of the date such change became effective, as indicatedin the “Last revision” date below, or by not accessing or using the Site. Thewritten notice must be provided either by mail to via Agostino da Montefeltro,2 - 10134 Turin - Italy or by email tolegal@arduino.cc. To be effective, yournotice must include your full name and clearly indicate your intent to rejectchanges to this Arbitration Agreement. By rejecting any change, you areagreeing that you will arbitrate any Claim between you and Arduino inaccordance with the terms of this Arbitration Agreement as of the date you firstaccepted these Terms (or accepted any subsequent changes to these Terms).

22. DSA-Specific Obligations

This Section 22 shall only be applicable to you if you are located in the EU andin the European Economic Area.

22.1Communications – Point of Contact for EU Member States’ Authorities, theEuropean Commission, the European Board for Digital Services and forRecipients of the Services

For the purposes of Regulation (EU) 2022/2065 (Digital Services Act), it is possibleto reach the single point of contact for the authorities and the recipients of theServices at the following email address:dsa@arduino.cc (“DSA Point ofContact”). Any communication can be delivered to the DSA Point of Contact inItalian and English.

22.2 Updating Our Terms

We shall inform you of any significant change to these Terms at least thirty (30)calendar days in advance to provide you with an opportunity to review them.

22.3 Moderation of the Content, Restrictions Imposed on User and Complaints

Section 15 above is also applicable in case Content shared on the Platform doesnot comply with EU law.

If we determine that you have clearly, seriously, and repeatedly breached theseTerms, by frequently sharing illegal Content and by infringing others’intellectual property rights, or if we are required for legal reasons, we cansuspend or disable your Account for a reasonable period of time or permanentlyafter having issued a prior warning.

We provide User with a clear and specific statement of reasons when we decideto remove or restrict access to the Platform. The statement of reasons that wewill provide will include information such as the facts and circumstances fortaking the decision, the duration of the restriction, and the violation of the exactlaw or regulation. If we become aware that illegal content (including code,tutorials or other materials) has been made available on the Platform, we willinform affected users about the illegality, the identity of the content provider,and available remedies.

We will make publicly available, at least once a year, reports on any contentmoderation that we engage in during the relevant period.

22.4 Notification of Criminal Offences

If we become aware of information indicating a serious criminal offenceinvolving a threat to life or safety, we will promptly inform the competent lawenforcement authorities.

22.5 Content Moderation Disputes

If a dispute arises from your use of our platform, you may choose to resolveyour individual claim or dispute either in the courts of your country ofresidence or in the courts of Italy, where we are incorporated.

If a dispute arises with regard to Content moderation disputes, we will offer anadditional opportunity for User to resolve it with us via selected out-of-courtdispute settlement bodies approved by the Digital Service Coordinator in eachcountry, foundhere.