1. Introduction

These Terms of Use (hereinafter the “Terms”) govern access to and use of the digital platform known as RFQ Smart, accessible via the website rfqsmart.com and its related applications.

RFQ Smart is a software platform designed to facilitate the management of requests for quotation (RFQ) between business operators active in B2B contexts.

By accessing the platform or using its services, the user declares that they have read, understood and fully accepted these Terms. If the user does not accept these conditions, they are not authorized to use the platform.

2. Platform Operator

The RFQ Smart platform is currently operated by:

Operator

Stefano Corazza

Registered address

[full address – to be added before public launch]

Contact email

privacy@rfqsmart.com

Pursuant to Directive 2000/31/EC on electronic commerce and Regulation (EU) 2022/2065 (Digital Services Act), RFQ Smart constitutes an information society service.

Corporate transition: The platform is currently operated by Stefano Corazza as a natural person. Should a company be established to take over its management, ownership of these Terms and the related processing activities will be transferred to that entity. Users will be informed with adequate advance notice via the platform or by email before the transition takes effect.

3. Description of the Service

RFQ Smart is a software platform that allows users to:

create and manage structured requests for quotation (RFQs)
invite suppliers to take part in requests
share technical documentation, drawings, specifications and requirements
collect, compare and archive quotes received
access a centralized decision-making history

The platform provides IT tools for organizing and managing data relating to procurement processes. RFQ Smart does not take part in commercial negotiations between users and does not intervene in any negotiation or contractual stage.

3.1 Nature of the Service and Limitations

RFQ Smart is not and does not operate as:

a marketplace or e-commerce platform
a commercial intermediary or broker
an agent of the parties or an entity that concludes contracts on behalf of users
an administrative management system or ERP
a guarantor of the quality, reliability or solvency of buyers or suppliers

Any commercial agreement, order, payment or delivery takes place exclusively and directly between the companies involved. RFQ Smart is not a party to any commercial contract that may arise between users.

RFQ Smart does not provide commercial, technical or legal advice. The tools made available are for organizational and informational purposes only.

4. Access to the Service and Economic Model

In the current phase – known as the Beta phase – access to the RFQ Smart platform is completely free for all registered users.

The operator reserves the right to introduce paid plans for certain features or types of access in the future. In that case:

changes will be communicated with adequate advance notice (no less than 30 days)
the new pricing terms will be clearly indicated within the platform before taking effect
users who do not accept the new conditions may withdraw from the service at no additional cost

5. Registration on the Platform

Use of the platform’s features requires the creation of an account. During registration, users undertake to:

provide accurate, up-to-date and truthful information
keep their profile data up to date
ensure the security and confidentiality of their access credentials
not share their credentials with unauthorized third parties
immediately notify the operator in the event of unauthorized access to their account

Each account is personal and non-transferable. The user is responsible for all activities carried out through their account.

6. Use of the Platform

Users undertake to use the platform solely for lawful purposes, in compliance with applicable law and consistent with the B2B nature of the service.

RFQ Smart is not a party to any confidentiality agreements between users and assumes no responsibility in relation to the management or breach of such agreements.

6.1 Prohibited Uses

It is expressly prohibited to use the platform for:

illegal activities or activities contrary to public order
infringement of third-party intellectual property rights
distribution of malware, viruses or technically harmful content
unauthorized collection of other users’ data (scraping, data harvesting)
sending unsolicited commercial communications (spam)
compromising the security or integrity of the platform
accessing unauthorized sections or data
impersonating other users or entities

7. Content Uploaded by Users

Users may upload technical documents, drawings, specifications, files and other information in connection with requests for quotation.

By uploading content to the platform, the user represents and warrants that:

they hold the full right to share such information with the selected recipients
the content does not infringe third-party intellectual property rights
the content does not breach confidentiality agreements or pre-existing contractual obligations
the content is not illegal and does not infringe third-party rights
any personal data contained in the files is processed in accordance with the GDPR

Pursuant to Article 6 of Regulation (EU) 2022/2065 (Digital Services Act) and Article 14 of Directive 2000/31/EC, RFQ Smart is not liable for content uploaded by users, provided it has no actual knowledge of its unlawfulness and acts promptly to remove it upon becoming aware of any infringement.

8. Confidentiality of Technical Information

Technical documents, drawings, specifications and requirements shared through the platform may contain confidential information, trade secrets or commercially sensitive data.

Users who receive such information in connection with an RFQ undertake to:

use it solely for the purpose of preparing and submitting the requested quote
not disclose it to unauthorized third parties
not use it for other purposes without the explicit written authorization of the party who shared it
adopt appropriate measures to preserve its confidentiality

RFQ Smart does not monitor or verify users’ compliance with these obligations. The platform only provides the technical tools for controlled sharing of information.

9. Intellectual Property

All rights relating to the software, the platform’s architecture, source code, trademarks, logos and graphic materials belong to the platform operator or its licensors. Any unauthorized reproduction, modification or use is prohibited.

Users retain full ownership of the data, documents and content they upload. By uploading content, the user grants RFQ Smart a limited, non-exclusive and non-transferable license, strictly necessary for the provision of the service.

10. Limitation of Liability

10.1 Disclaimer of Warranties

RFQ Smart provides the platform “as is” and “as available.”

The operator provides no warranty, express or implied, regarding:

the continuity, availability or absence of interruptions of the service
the absence of errors, bugs or malfunctions
the inviolability of the IT system or the absolute security of data
the absence of data loss, unauthorized access or IT breaches
the completeness, accuracy or currency of the data and content available
the reliability, solvency or quality of registered suppliers or buyers
the correctness, completeness or attractiveness of the quotes received

Users are expressly advised not to upload to the platform information whose loss, disclosure or compromise could cause irreparable harm, and to adopt independent backup measures for their critical data.

10.2 Exclusion of Liability for Damages

To the maximum extent permitted by applicable law, RFQ Smart is not liable for:

direct or indirect damages arising from commercial decisions made on the basis of information available on the platform
damages arising from malfunctions, interruptions or unavailability of the service
loss of data, documents or information uploaded to the platform
unauthorized access to users’ data by third parties
content uploaded, shared or transmitted by users
commercial disputes between users arising from or following the use of the platform
infringements of intellectual property rights or breaches of confidentiality obligations by users

10.3 Cap on Liability

Should the operator, notwithstanding the exclusions above, be found liable towards a user, the maximum compensation due may in no case exceed the total amount paid by the user for use of the platform in the 12 months preceding the harmful event. During the free Beta phase, this amount is equal to zero (€0.00).

10.4 Indemnification

The user undertakes to indemnify, defend and hold harmless RFQ Smart, its operator, its collaborators, consultants and successors from any claim, demand, damage, liability, cost or expense (including reasonable legal fees) arising from or connected with:

content uploaded, shared or transmitted through the platform
infringements of third-party intellectual property rights
breaches of confidentiality obligations or contractual agreements with third parties
unauthorized use of third-party data or information
violations of these Terms or applicable law
improper or unauthorized use of the platform

11. Service Availability

The platform is provided without any service level commitment (SLA). The operator does not guarantee continuous availability, the absence of interruptions, or specific response times.

The service may be temporarily suspended, limited or interrupted for:

routine or extraordinary maintenance
technical and functional updates
infrastructure changes
force majeure events or causes attributable to third parties (e.g. cloud providers, network infrastructure)
security reasons or technical emergencies

During the Beta phase, interruptions may be more frequent and prolonged than in a stable production service. Users are aware of this and accept this condition by using the platform.

12. Suspension or Termination of the Account

The operator reserves the right to suspend, limit or terminate a user’s access in the event of:

improper use or use in violation of these Terms
fraudulent activity or activity harmful to the interests of other users
risks to the security of the system or of third parties
a request from the competent judicial or administrative authority

In the event of suspension or termination, the operator will inform the user where possible and consistent with the reasons for the suspension.

13. Protection of Personal Data

The processing of personal data takes place in compliance with Regulation (EU) 2016/679 (GDPR) and Italian implementing legislation. For detailed information on the methods of processing, purposes, legal bases and rights of data subjects, please refer to the platform’s Privacy Policy, which forms an integral part of the contractual relationship with the user.

Where RFQ Smart processes personal data on behalf of the user, the user acts as the controller and RFQ Smart acts as the processor pursuant to Art. 28 of Regulation (EU) 2016/679 (“GDPR”).

In such cases, RFQ Smart’s standard Data Processing Agreement (DPA) applies, available in the Legal section of the platform (rfqsmart.com/legal/dpa), which forms an integral part of these Terms.

Use of the platform implies acceptance of the DPA.

14. Changes to the Terms

The operator reserves the right to amend these Terms at any time. Changes will be communicated to users via:

notification within the platform
email communication to the registered address

Changes will take effect 30 days after notice is given. Continued use of the platform after that period constitutes acceptance of the changes. Users who do not wish to accept the changes may withdraw from the service at no cost.

15. Governing Law and Jurisdiction

These Terms are governed by Italian law and applicable European Union law.

For any dispute relating to the interpretation, validity or performance of these Terms, the court of the place of residence or registered office of the platform operator shall have exclusive jurisdiction, unless otherwise provided by mandatorily applicable law.

Upon the establishment of the company, jurisdiction will be updated to reflect the registered office of the operating company.

16. Final Provisions

Should one or more provisions of these Terms be found invalid or unenforceable, the remaining provisions will continue to have effect to the fullest extent permitted by law. Any failure by the operator to exercise a right provided for in these Terms does not constitute a waiver of that right.

Terms and Conditions