Terms and condition

We strongly believe in transparency and fairness, both internally and towards our customers. Therefore, we would like you to know that registration is free of charge. The purchase of Reports is your choice, and failure to purchase them in no way compromises the proper use of the Application.

General Terms and Conditions

1. OBJECT

This contract governs the provision of the s-peek Service, through the IOS or Android application or through the web-based version, which allows to obtain corporate information and related company credit ratings (reports), through the processing of information recorded in public or publicly accessible databases, according to the functionalities described in the website or in the order form. Certain Services rendered through the Application may constitute ‘commercial information’ activities, subject to specific rules, as governed by article 10 of this contract.

2. UTILIZZO DEL SERVIZIO

The use of the Service is reserved for the CUSTOMER exclusively within the scope of his/her own entrepreneurial or professional activity.

The Service may only be used for legitimate purposes and may not be used in unlawful or fraudulent ways, for unlawful or fraudulent purposes or causing unlawful or fraudulent effects. In particular, queries to the Service by means of software, automated tools and/or artificial intelligence systems are forbidden. 

The CUSTOMER shall not in any case overload the Service manually or by means of software/other systems (e.g. bots) with massive requests for information, i.e. constant and repeated requests capable of slowing down or blocking the operation of the Service. If there is any suspicion of the conduct described above modefinance may proceed with a temporary disabling of the user credentials, without prejudice to the provisions of art. 8.

The CUSTOMER shall immediately inform modefinance Srl in the event of abnormal or unwanted actions to the Service and/or attacks on the Service.

The CUSTOMER shall guarantee the maintenance of adequate security systems and procedures and their implementation to avoid episodes of unauthorized access or damage to the Service. 

In order to access the Service, it is necessary to be authenticated, by means of an identification code (User Name) and one reserved for access (password). 

The CUSTOMER undertakes, also on behalf of his/her employees and collaborators, not to disclose his/her access credentials to third parties and to comply with the provisions in force on the protection of personal data. 

The CUSTOMER is solely responsible in the event of loss, disclosure, improper use of access credentials to the Service and undertakes to promptly inform modefinance Srl of any unauthorised use of his/her account or any other breach of security that may be detected.

3. LEVEL OF SERVICE

modefinance Srl shall not be liable for any fault, difficulty, discontinuity or impossibility in the provision of the Service deriving from events or situations beyond the control of modefinance Srl (e.g. network inaccessibility, faults or failure to update the devices used by the CUSTOMER, other causes of force majeure, fortuitous events). 

The Service may be temporarily suspended for maintenance and updating works on modefinance Srl's information systems, subject to prior notice, which may also be published on the website.

The provision of the Service is based on the processing with its own algorithm of data and information from public archives and/or other public sources. Failure to provide the Service due to the unavailability of even a part of such data shall entail a condition precedent to the obligation, until their complete restoration.

4. USER LICENCE REPORT

The contents of s-peek (reports, judgments, credit scoring, analyses, tables, graphics, etc.) constitute the creative work (in terms of form and algorithms and the method of processing them) of modefinance Srl. The Contents are therefore licensed for worldwide and non-exclusive use to the CUSTOMER, limited to internal use within his/her own entrepreneurial or professional activity. The CUSTOMER may use the Report generated by s-peek for external activities only as a technical attachment to be used in the dossiers to be submitted to the deliberative and control bodies. 

The CUSTOMER may grant the use of the Service to identified third parties, as an exception to the contractual limits set out above, only with prior written agreement with modefinance Srl. 

The CUSTOMER is prohibited from sub-licensing, reselling, reworking, modifying, translating and in any case ceding to third parties, for any reason whatsoever, the Contents of the Financial Portal or from publishing the report on the web (websites, blogs, social networks) unless otherwise agreed in writing. It is prohibited to use the report to perform financial consultancy services in competition with modefinance Srl. It is prohibited to sell individual reports or portfolio analyses to third parties.

5. TERMS OF DELIVERY AND EXEMPTION FROM LIABILITY

The CUSTOMER is aware that modefinance Srl uses and processes with specific proprietary algorithms, economic and financial data from public or publicly accessible databases. 

Notwithstanding the utmost care and professional diligence, the Service is rendered without any guarantee on accuracy or adequacy, as modefinance Srl nor its partners can be held responsible for any delays in updating, failure to update, errors or omissions regarding the public sources that are the basis of the report.

s-peek's purpose is to assist the CUSTOMER in his/her economic, commercial and financial choices, leaving the CUSTOMER free to operate in full discretion, autonomously assuming all the additional data and information necessary to make his/her own determinations. Therefore, the CUSTOMER, also in his capacity as responsible for the fact of his own employee, clerk or auxiliary, pursuant to articles 1228 and/or 2049 c.c, in relation to the use made by the same of the Service, undertakes to fully indemnify and hold modefinance Srl harmless in the event that the latter is requested or required, directly or jointly and severally, either extra-judicially or judicially, to pay amounts, by way of example but not limited to, by way of damages, compensation, sanctions (criminal, administrative, fiscal or of other nature), unless the aforementioned damages derive from malice or serious fault of modefinance Srl. 

If the report requested involves the quantification of a potentially sustainable commercial credit line, it is considered indicative and must be used in compliance with art. 22 of Reg. 679/16, as the CUSTOMER is aware that s-peek is a first analysis tool and that modefinance Srl is available on request to offer an in-depth analysis service, with the intervention of analysts and further investigations. 

Should any claim for compensation be upheld by the judicial authorities, the parties mutually agree to limit it to a maximum amount calculated on the cost paid by the CUSTOMER in one year for this Service.

6. TERMINATION

The Service remains active indefinitely, until cancelled or cancelled by the User.

modefinance Srl reserves the right to cancel the User in the event of non-use of the Service for more than 3 years. The fee for each report is indicated in the download procedure of the purchased report. 

All prices are net of VAT.

7. COPYRIGHTS

THE CUSTOMER acknowledges and accepts that the s-peek reports, the Information Databases on economic operators, the relative analyses, the systems and algorithms for data processing, analysis, acquisition and output procedures, tables, graphs, commentary elements are the property of modefinance Srl. The CUSTOMER acquires a limited licence to use the downloaded report for internal professional purposes, for an indefinite period of time, which may not be transferred to third parties. Any infringement of the Intellectual Property Rights covered by this Service is immediate cause for termination of the agreement, without prejudice to modefinance Srl's right to take action for greater damages.

8. RISOLUZIONE DEL CONTRATTO

modefinance Srl reserves the right to terminate this contract, deactivate the account or suspend the service in the event of breach by the CUSTOMER of the obligations set out in Articles 2, 4, 5, 6, 7.

9. S-PEEK TEAM CONDITION

The S-PEEK TEAM service can be activated by the USER through the specific functionality of the Application, against payment of the fee indicated therein.

The S-PEEK TEAM service allows the creation of one or more groups of several USERS registered with s-peek. The members of each group can share reports and communicate with each other via a chat service. Further features of the S-PEEK TEAM Service are described on the website.

The TEAM administrator USER has the right to invite up to the maximum number of USERS foreseen by the chosen feature, by entering the relevant e-mail address in the form of the Application. 

The TEAM administrator USER manages under his/her own responsibility the invitations and the exclusions from the TEAM and declares to have previously obtained from the sent USERS, the informed consent to transmit the e-mail address to modefinance Srl.

Each USER of S-PEEK TEAM has the faculty to accept the invitation to join the TEAM, after registering to S-PEEK. 

The USER undertakes to use the chat and the S-PEEK TEAM Service for lawful purposes, without posting comments that are defamatory, insulting, violent or in breach of the regulations on the processing of personal data and security, on intellectual property and copyrights (L. 633/41), on industrial property rights (D. lgs 30/05), on computer crimes (Criminal Code and special laws), on the press and publishing, on the Communications Code, on regulations on professional secrecy, banking secrecy, financial or corporate offences, or in any case in violation of any rule of law in force in the Italian legal system or in another country.

10. COMMERCIAL INFORMATION SERVICES

Certain features of the S-PEEK service, previously indicated by the Application, constitute Commercial Information Services. In the provision of such Services, modefinance Srl operates as a subject authorised to carry out commercial enquiries pursuant to Article 134 of R.D. no. 773/1931, as amended and supplemented, containing the Consolidated Law on Public Security (hereinafter TULPS) and its implementing Regulations and by Ministerial Decree no. 269/2010. In providing the Commercial Information Services, modefinance is obliged to identify and register in a special internal register the Customer - also on behalf of the Legal Entity for which the Service is requested - who assumes the role of ‘Customer Subject’ (public or private entity requesting a commercial information service) and the activities carried out in respect of the ‘Census Subjects’. The Customer is therefore obliged to upload a computer copy of his valid identity document, using the appropriate function of the Application. The correct identification procedure of the Customer is a condition for the provision of the Commercial Information Services. Failing this, the Services shall be suspended until the obligations set forth in this Article are regularised.

11. REGULATION OF THE PROCESSING OF PERSONAL DATA

The personal data of the CUSTOMER and of any USERS activated by the CUSTOMER, in the case of the S-PEEK Team, will be used for the provision of the Service and the related technical management, management of compulsory, contractual and fiscal accounting relations, for archiving and backup purposes of the report requests made (also in order to be able to verify the exact fulfilment of the contractual obligations). The parties agree that modefinance may keep logs on the use of the Service associated with the user, which shall be full evidence of the activity carried out by the parties.

12. FINAL RULES AND JURISDICTION

The Parties mutually acknowledge that Italian law and jurisdiction is applicable to this agreement. The Court of TRIESTE shall have exclusive jurisdiction for any dispute relating to this contract. This contract may not be transferred without the written consent of modefinance Srl.

Last updated 24 April 2025