Terms and conditions of use

Giovanni Carrieri has developed the Probatio application (hereinafter also "Probatio", the "application" or the "software"), made available through the acquisizioniforensi.com sites (including their subdomains, such as probatio.acquisizioniforensi.com) and acquisizioniforensi.it (hereinafter also, jointly, the "Sites"), through which he provides his services to users who, by signing up for the service or otherwise using the Sites and the software, expressly accept the conditions of use that follow. These conditions govern the use of the Sites and of the application.

These terms and conditions of use of Probatio are agreed between the parties to govern its use and must be printed and retained by the customer.

By selecting the checkbox "I declare that I have read the terms and conditions of use" and registering on the site or, in any case, using its services and the software, the User declares that they have read, understood and accepted in their entirety the conditions that follow.

1) Parties to the contract

Giovanni Carrieri (VAT no. 07669810728), with registered office in Bari (BA), v. Camillo Rosalba 49, certified e-mail (PEC): acquisizioniforensi@pec.it and e-mail: email@acquisizioniforensi.com, hereinafter also "Acquisizioni Forensi" or "AF";

the User, i.e. the natural person of legal age whose details are further specified in the registration form, available at the link https://probatio.acquisizioniforensi.com/register, who requests to use the services offered by Acquisizioni Forensi through Probatio, hereinafter also "User";

each individually also referred to as a "Party", jointly the "Parties".

2) Definitions

The Parties expressly agree that the words listed here have the following meanings:

• Account: the account that will be created by the User upon registration, with which they will be able to activate the licence and access the reserved area;
• Application / Software: the Probatio program for file integrity and forensic analysis (hash computation, verification, comparison, inspection, file and image analysis, verification and application of digital signatures, inventory and reports), which the User installs and runs on their own device;
• Licence: the right to use the Software granted to the User for a fixed period (annual subscription) upon activation via their API key; it is preceded by a free trial period;
• Privacy policy: also called privacy notice, it is the document by which Acquisizioni Forensi informs the User of which of their data it will collect and for what purposes;
• Services: the services provided by Acquisizioni Forensi through the Probatio software and the related Sites;
• Terms and conditions of use: this document, which governs the relationship between the User and Acquisizioni Forensi and which the User declares to have read and understood in its entirety.

3) Registration with Acquisizioni Forensi. Account

3.1 The User may use Probatio on a free trial basis without registration; to activate the paid licence, registration is instead required. The software is intended for professionals or those carrying out business activities.

3.2 The User may register at the link https://probatio.acquisizioniforensi.com/register, entering all the data requested.

3.3 By completing the registration form, the User declares that they are entering accurate and truthful data and information, not fictitious and not referable to third parties extraneous to this contractual relationship. It is not possible to indicate fictitious names or nicknames (pseudonyms).

3.4 A.F. reserves the right to delete accounts created with fictitious names or nicknames attributable to real persons or not verifiable through the business register.

3.5 By registering with Acquisizioni Forensi, the User undertakes to keep their data always up to date.

3.6 Each user may register one and only one account.

3.7 Acquisizioni Forensi may not be held liable for disruptions, errors or any other type of problem where the User provides incorrect data or fails to update it.

3.8 During the registration procedure, the User must set a strong password to access the reserved area and protect their account, and must safeguard their API key. They may not disclose the password or the API key in any way.

3.9 Acquisizioni Forensi may not be held liable for any damage suffered by the User where the latter sets a weak password or discloses it, together with the API key, to third parties.

3.10 Acquisizioni Forensi reserves the right to check whether the information entered by the User is truthful.

4) What Probatio offers the User

4.1 Probatio is a desktop/mobile application for file integrity and forensic analysis. The processing — multi-algorithm hashing, integrity verification and comparison, hex inspection and binary diff, file and image analysis (entropy, strings, metadata, YARA, C2PA Content Credentials), verification and application of CAdES/PAdES digital signatures, recursive inventory and report generation — takes place entirely on the User's device. The analysed files, their contents and hashes are not transmitted to Acquisizioni Forensi nor stored on its servers.

4.2 Certain optional functions, under the User's control, involve a connection to network services: downloading YARA rules and cloud C2PA manifests from public endpoints, querying certificate revocation (OCSP) and trust lists, and requesting an RFC 3161 timestamp, which sends to the timestamping authority (TSA) only the document's hash, never its content.

4.3 Acquisizioni Forensi also provides the User with support and IT-legal consultancy services for the issues they wish to submit, as well as other services for the forensic analysis of digital documents.

4.4 By activating the licence and accepting these terms and conditions of use, the User also declares that they have fully understood that Acquisizioni Forensi may not in any way be held liable for anything that is extraneous to the services listed above, such as, for example, the defence strategies that may be adopted by the User's lawyers or the use the User makes of the results produced by the software.

5) Licence, fees and payment methods. Invoicing

5.1 Probatio is offered under an annual subscription licence, preceded by a free trial period whose duration is indicated on the Site and in the application. At the end of the trial, to continue using the software the User must activate the paid licence.

5.2 When purchasing the licence, the User, after accepting these terms and conditions, must provide the details of their own credit card or other supported payment method. AF will never come into possession of users' credit card data, as it relies on third parties (Stripe) for payment processing.

5.3 The price of the annual subscription and its currency are indicated on the Site and in the reserved area at the time of purchase. The licence allows activation on a maximum number of devices indicated in the application and in the reserved area.

5.4 Acquisizioni Forensi reserves the right to periodically revise the price of the licence, as well as to establish special offers aimed at certain categories of users, even for a limited period, and to enter into agreements with organisations. Any revisions do not affect licences already activated until their expiry.

5.5 In any case, Acquisizioni Forensi will send the User the electronic invoice for the licence actually paid for within twelve days of the actual crediting of the agreed amounts.

5.6 Acquisizioni Forensi reserves the right to verify each transaction for the purposes of preventing and combating money laundering. The User, therefore, expressly declares that they will provide, upon simple request by Acquisizioni Forensi, all the information that the latter deems appropriate to examine for said obligation.

5.7 Where the User does not provide the information referred to in the preceding point, Acquisizioni Forensi reserves the right to suspend their account and the related licence.

5.8 Should the User wish to dispute a charge, they must contact customer support within and no later than 24 hours following the charge itself. Otherwise, Acquisizioni Forensi will consider the payment confirmed.

5.9 Where Acquisizioni Forensi actually finds an anomaly relating to the charge disputed by the User, it will refund the amount erroneously paid to the same payment method chosen by the User within the 14 days following the disputed charge.

6) User's rights. Rules of conduct

6.1 By accepting these contractual clauses, the User has the right to:

• 6.1.1 Obtain a copy of the documents signed during registration with Acquisizioni Forensi which are, in any case, sent to them by e-mail together with each order confirmation;
• 6.1.2 Receive a reply from Acquisizioni Forensi's customer service within 72 working hours of their request.

6.2 By accepting these contractual clauses, the User undertakes:

• 6.2.1 to use Probatio according to the common standards of diligence, good faith and fairness;
• 6.2.2 to respect the Acquisizioni Forensi staff who will provide support, without engaging in conduct other than the professional relationship;
• 6.2.3 not to infringe the rights of Acquisizioni Forensi;
• 6.2.4 not to attempt to decompile, disassemble, alter, circumvent the licensing measures or compromise the software;
• 6.2.5 not to share, resell or distribute their licence or API key to third parties;
• 6.2.6 to promptly report any bugs found to technical support.

6.3 The User declares that they have been informed and have fully understood that Acquisizioni Forensi may not be held liable for any malfunctions due to the User's device, the operating system or network problems, especially where these depend on the User's provider.

7) Rights and Obligations of Acquisizioni Forensi

7.1 Acquisizioni Forensi undertakes to:

• 7.1.1 Guarantee the operation of the online services required for licence activation and validation, except in cases of fortuitous event, force majeure or periods of maintenance and updating of its technical infrastructure;
• 7.1.2 Make the licensed software available and provide support within 72 working hours of the request. For the consultancy services referred to in point 4.3, said term is extended to 96 hours and runs from the last meeting held with the User;

7.2 Acquisizioni Forensi has the right to:

• 7.2.1 Temporarily suspend or permanently deactivate the User's account and the related licence, where the latter violates these terms and conditions of use;
• 7.2.2 Maintain and update, even without any prior notice, the software and its infrastructure.

8) Free trial, deletion and right of withdrawal

8.1 The User may try Probatio free of charge for the indicated period, with no obligation to purchase and without the need to provide payment data during the trial.

8.2 The User has the right to delete their account at any time. Since Probatio's processing takes place locally, Acquisizioni Forensi does not store the User's files and, therefore, no procedure for returning them is envisaged; the retention and backup of their own files and reports remain the User's responsibility.

8.3 In the event of account deletion or non-renewal, the licence ceases at its natural expiry; any remaining period does not give rise to any refund, except as provided in point 5.9.

8.4 Acquisizioni Forensi offers its services exclusively to professional customers and, therefore, it is understood between the parties that the right of withdrawal is expressly excluded.

9) Processing of personal data

9.1 The processing of personal data will take place in accordance with what is set out in Acquisizioni Forensi's privacy policy for users, to which the Parties expressly refer, available on the "Privacy Policy" page accessible from the reserved area or from the footer of the website.

9.2 In any case, the User declares that they are aware that Acquisizioni Forensi may communicate their personal data to its consultants and collaborators with whom they may be put in contact for the performance of the services incumbent on AF.

10) Intellectual property

10.1 All intellectual property rights in the Probatio software, as well as the rights connected to them, belong fully, autonomously and exclusively to Giovanni Carrieri, who likewise holds all rights to any other improving or evolutionary software. Giovanni Carrieri is recognised by the User as the author of Probatio.

10.2 Such rights extend, by way of example but not limited to, to texts, images, drawings, logos, videos, sounds, data, graphical interface, source code and the databases in use.

10.3 By partial derogation from the provisions of art. 10.1 and 10.2, all rights to the documents that may be delivered to the User in the performance of the contractual obligations and that are also signed by a collaborator of Giovanni Carrieri, are to be considered common between them.

10.4 In view of this, the User may only avail themselves of the licence to use the software, without being able to make any modification to it. The files and reports that the User generates with Probatio remain their property.

11) Availability of the service

11.1 The User may use the software every day, 24 hours a day, including offline for core functions, subject to the limitations set out above and to the need for a connection for licence activation and periodic validation.

11.2 For this reason, Acquisizioni Forensi may not be held liable if the User requests support or the provision of services outside normal working days and office hours.

12) Exclusion of liability

12.1 By using the software, the User expressly declares that they have been informed by Acquisizioni Forensi and have fully understood that the latter's liability is excluded in the following cases:

• 12.1.1 Fortuitous event and force majeure;
• 12.1.2 Sudden interruption of the services provided by Acquisizioni Forensi's suppliers or of the third-party network services used by the optional functions (YARA/C2PA endpoints, OCSP, TSA);
• 12.1.3 Malfunctions depending on the devices used by the User, on the operating system or on connection problems;
• 12.1.4 Irrelevance of the results produced, where the User bases their defence on them. Probatio, in fact, merely provides technical tools (fingerprint computation, integrity checks, signature analysis and verification) and certifies, for example, that a file corresponds to a given fingerprint, but not that their respective contents may be useful for the User's defence. The assessment of admissibility and evidentiary relevance, as well as the chain of custody, remain the professional's responsibility.

13) Applicable law and competent court

13.1 The Parties expressly agree that these terms and conditions of use are governed by Italian law.

13.2 The Parties agree that exclusive territorial jurisdiction to hear any dispute that may arise between them due to the breach or interpretation of the clauses contained in this Contract shall be assigned to the Court of Bari, with the express exclusion of any other concurrent court.

14) Final provisions

14.1 Any tolerance shown by one Party towards the temporary non-fulfilment of one or more contractual obligations agreed on the part of the other may not in any way be considered a waiver, not even implicit, of the rights attributed to it by law or by the contract.

14.2 Acquisizioni Forensi reserves the right to unilaterally modify these conditions of use. Where the modification is detrimental to the User, the latter may freely delete their account.

Questions about the terms? Contact us →