SmartFinder – Terms  and Conditions (last updated May 21, 2023)

These terms and conditions govern your use of SmartFinder software by Serendipity S.r.l..

By using the software, you agree that you have read, understood, and will comply with these terms and conditions. Please, read them carefully before using the SmartFinder software by Serendipity S.r.l.. If you do not agree to these Terms & Conditions, you must not use the Software by Serendipity S.r.l..

The SmartFinder application is designed for computers with Windows operating system or for Mac Operting System.

The SmartFinder APP for Windows can only be purchased from the official Store of Microsoft (Microsoft Store).

The SmartFinder APP for Mac can only be purchased from the official APP store of APPLE.

No other resale channels are used. Please report any abuse.

You will need to review System Requirements for specific versions of operating systems supported by the Software.

If you have any queries about the Software or these Terms & Conditions, you can contact us by e-mail info@serendigity.it.

1. Terms and conditions updates

1.1. These terms and conditions may be altered and amended within reason from time to time to reflect the evolving nature of the software.

1.2. Any changes in the Terms & Conditions will be incorporated into a revised Agreement that we will post on this page. Unless otherwise specified, such changes shall be effective when they are posted.

1.3 It is the responsibility of the client to check for the new Terms & Conditions of the software once in a while.

2. Usage policy

2.1 By using the Software, you warrant that you are at least 18 years of age, and agree to comply with the terms below.

2.2 You are aware and accepts that the installation of SmartFinder does not attribute any rights to the source code, technologies and procedures contained therein; the above listed will remain the exclusive property of Serendipity S.r.l..

2.3 You are obliged not to grant, either free of charge or for consideration, the Software in use or to sublicense it to third party (therefore the employees or collaborators of the same are excluded for these).

2.4 You remain solely responsible for the accuracy of the data entered.

 3. Property Rights

3.1 The copyright on all material contained in, or available through SmartFinder, including all information, data, text, sound, graphics and video messages, their selection and arrangement, and all source code, collections of software and other material is owned by Serendipity S.r.l..

3.2 All rights reserved.

 4. Source code

4.1 This User License does not grant any rights to the original source code. All the techniques, algorithms and procedures contained in the Software and related documentation are information protected by copyright and are the property of Serendipity S.r.l..

4.2 It is expressly forbidden to copy, duplicate and decompile the SmartFinder source code.

4.3 In no case will integration by third parties with the SmartFinder software be possible.

5. Third Party licenses

SmartFinder software contains open source libraries developed by third party. All the license are included in the folder third_party_license of the application jar.

6. Warranty Disclaimer

6.1 In no case Serendipity S.r.l. may be held liable for any damages (including, without limitation, damage due to loss or loss of earnings, business interruption, loss of stored information or other economic losses) resulting from the use of the software.

6.2 Serendipity S.r.l. will not be liable under any circumstances for indirect damage to property or people caused by the use of SmartFinder by the user.

6.3 Serendipity S.r.l. cannot in any way be held responsible for disservices and / or direct or indirect damages caused by the use of the Software if there are:

a) tampering or interventions that compromise the correct functioning of the Software carried out by Licensee’s personnel;

b) use by the user of hardware or software without the necessary approvals and / or licenses;

6.4 SmartFinder is licensed as all services performed or provided by the Software itself are provided “as is”, with all defects and without warranties of any kind, and as such are accepted by the user.

6.5 Serendipity S.r.l. warrants to regularly make corrections, improvements and updates to its Software for the benefit of the user; for this reason, the Software may be temporarily unavailable due to technical maintenance and IT infrastructure upgrades.

6.6 Serendipity S.r.l. accepts any bug reports and independently determines the terms for solving them according to its schedule and rules. No oral or written information or advice provided by the software customer shall give rise to a warranty or any kind of additional right in the Software.

 7. Privacy

7.1 All the user’s personal data will not be provided directly to Serendipity S.r.l., but will be managed by the App Store from which the SmartFinder download will be carried out: the data collected will be related to this contract and only connected to the execution of the contractual relationship. (For Windows users https://privacy.microsoft.com/ , for macOS users https://www.apple.com/it/privacy/ )

7.2 Serendipity S.r.l. in no case will it transfer any data collected to third parties, guaranteeing their protection pursuant to art. 13 and 14 of the European Regulation 679/2016 concerning the protection of personal data (“GDPR”).

7.3. The data controller of such data will be Serendipity S.r.l..

7.4 SmartFinder does not collect data and does not send it. All data created by SmartFinder remains on your installation PC.

 8. License typologies

All types of licenses are for personal use.

8.1. BASIC

a) This license allows you to configure folders containing a total of up to 200,000 files or 100 GB in size (from version 1.4.x).

When one of the 2 thresholds is reached, the user will receive a notification and it will no longer be possible to index new files unless changes are made in the configuration.

All other features will still be available.

On the other hand, there is no constraint on configuration changes, it is possible to change the folders on which to index and search the files an infinite number of times.

b) Free software updates for corrections or improvements.

9. Termination

If you do not comply with the conditions of this Agreement, Serendipity S.r.l. may terminate the Agreement itself, without prejudice to any of its other rights. In such event, you are required to destroy all copies of the Software and all of its component parts.

 10. Applicable law

Anything that is not governed by the following terms and conditions is governed by the laws of the Italian State.