Terms and Conditions of Use — SWater Online

Last update: 14/05/2026
Version: 1.0

Note. This English version is provided for the convenience of non-Italian-speaking Customers. In case of conflict or discrepancy between this version and the Italian one (terms-it.md), the Italian version shall prevail.

1. Preamble and identification of the Provider

The software-as-a-service offering known as SWater Online (hereinafter, the "Service" or the "Platform") is supplied by:

ELERIA di Andrea Vincenzo Abbondanza
Registered office: Casagiove (CE), Italy
VAT / Tax ID: IT04937660613
Certified email (PEC): andreabbondanza@pec-eu.it
Email: info@eleria.eu
Website: https://eleria.eu

(hereinafter, "ELERIA" or the "Provider").

These Terms and Conditions of Use (the "Terms") exclusively govern the contractual relationship between ELERIA and the professional entity subscribing to the Service (the "Customer"). Subscribing to the Service implies full acceptance of these Terms.

2. Nature of the contract and scope

The Service is offered solely to professional entities — self-employed professionals, engineering firms, laboratories, engineering companies, plant operators, public bodies — acting within the scope of their professional, advisory or business activity. SWater Online is not intended for consumers within the meaning of Article 3 of Italian Legislative Decree 206/2005 (Italian Consumer Code). Consequently, consumer protections — including, in particular, the 14-day right of withdrawal set out in Articles 52 et seq. of the Italian Consumer Code — do not apply to this relationship.

By subscribing to the Service, the Customer declares that it is acting in the course of its professional or business activity.

3. Scope of the Service

SWater Online is a SaaS platform that provides the Customer, via web access, with a modular suite of software tools for the calculation, diagnosis and documentation of wastewater treatment processes. The Service is composed of:

• Calculation modules (by way of example: SWT-CAS, SWT-ALT, SWT-MBR, SWT-IFS, SWT-SBR, SWT-MXP, SWT-TRF, SWT-FNT), each available individually or within predefined packages ("Bundles");
• Cross-functional add-ons (AI Assistant Bot, Custom Reports);
• Enterprise tier, enabling the REST API and including the add-ons across the entire subscription.

The up-to-date list of modules, bundles and prices is published on the official website of the Service and is an integral part of these Terms for the duration of the subscription.

4. Subscription terms

4.1 Subscription types

The Service is supplied exclusively by way of fixed-term subscriptions, as follows:

• Annual (12 months): available for all individual modules, predefined bundles, add-ons and the Enterprise tier.
• Semi-annual (6 months): available only for individual modules. Bundles, add-ons and the Enterprise tier cannot be purchased on a semi-annual basis.

Monthly, weekly or pay-per-use subscriptions are not available, unless otherwise expressly agreed in a dedicated commercial offer.

4.2 Plans

The Service is offered in the following plans:

• Demo — free, perpetual access with a limited subset of features: excluded are custom input fields, Custom Reports, the AI Assistant Bot and the REST API. Within the modules available in Demo, the number of editable inputs is capped at a fixed value — 5 or 2 depending on the module — as set out in the documentation published on the official website of the Service. The Demo mode is intended both for preliminary evaluation of the Service prior to subscription (see Article 6) and for introductory, occasional use.
• Pro — full access via the web interface to the subscribed modules, free input, calculation saving and export of the base report. Add-ons (AI Bot, Custom Reports) can be purchased separately. Does not include the REST API.
• Enterprise — includes the Pro tier, the REST API, the AI Bot and Custom Reports on the subscribed modules, with the monthly calculation and report quota set out in the official price list. REST API access is available exclusively in the Enterprise tier.

4.3 Activation of the subscription

The subscription is finalised and becomes operational only upon actual receipt of payment by ELERIA. The transmission of an order, a subscription request, or any release of credentials pending payment does not in itself constitute activation of the Service and produces no contractual effects until payment is received.

ELERIA reserves the right not to activate the Service in cases of partial payment, disputed payment, or suspected fraud.

5. Fees, invoicing and payment

The fees due by the Customer are those published in the official price list at the time of subscription. All amounts are net of VAT, where applicable.

Invoicing is carried out:

• in advance of the subscription period;
• in a single instalment at the beginning of the period (annual or semi-annual).

Accepted payment methods are indicated at the time of subscription. Any fees charged by third-party providers (payment gateways, banks) shall remain at the Customer's expense.

6. Demo mode and no refund policy

ELERIA makes available a free and perpetual Demo mode, as described in Article 4.2, that allows the Customer to evaluate the features, the interface and the suitability of the Service for its professional needs prior to a paid subscription, as well as to make introductory use of the Service within the feature limits set out therein.

In consideration of the existence of the Demo mode, of the digital and immediately consumable nature of the Service, and of the B2B nature of this relationship (Article 2), no refund, in whole or in part, of fees paid is provided, including in cases of:

• non-use of the Service by the Customer;
• early withdrawal by the Customer before the natural expiry of the subscription;
• the Customer's later assessment that the Service is not suitable for its needs;
• internal organisational changes affecting the Customer (closure of activity, reduction of staff, change of process).

Without prejudice to refund cases expressly required by applicable law and to those arising from a serious and prolonged breach by ELERIA not remedied within the timeframe set out in Article 13.

7. Concurrent users and use restrictions

7.1 Concurrent users limit

Each subscription allows up to 3 (three) concurrent operating users, all belonging to the same firm, company, laboratory or entity holding the subscription.

The Customer may increase this limit by purchasing one or more additional user seats at the fee published in the official price list. At the date of publication of these Terms, the cost is € 6.00/month per additional user, invoiced in advance with the same cadence as the main subscription:

• annual subscription → € 72.00/year per additional user;
• semi-annual subscription (where permitted under Article 4.1) → € 36.00/semester per additional user.

Additional user seats are coterminous with the main subscription: they expire together with the subscription and are renewed only upon renewal of the plan. Where additional seats are purchased mid-period, the fee is applied pro rata over the remaining months (or fractions of month) until the natural expiry of the subscription, at the monthly rate set out above. The amount actually applied shall always be the one set out in the price list in force at the time of purchase.

7.2 Exclusivity of use

The Service is licensed to the Customer on a non-exclusive, non-transferable and non-sublicensable basis, reserved exclusively to the firm, company, laboratory or entity holding the subscription and to its internal authorised collaborators.

The following is in particular prohibited:

• sharing, transferring (whether for free or for consideration), lending, exporting or reselling to third parties any credentials used to access the Service, including passwords, passkeys (WebAuthn/FIDO2), TOTP secrets, backup codes and any other authentication factor configured on the account;
• using the Service on behalf of entities other than the Customer in a manner that, in fact, amounts to a resale or sublicense of the Service;
• allowing simultaneous use of credentials by a number of users greater than that subscribed;
• carrying out reverse engineering, decompilation or attempts to access portions of the Service not included in the Customer's plan.

A breach of this Article constitutes a material breach of contract and entitles ELERIA to suspend the Service immediately pursuant to Article 13.

7.3 Automated content extraction and AI-system training

In addition to the provisions of Article 7.2, the following are expressly prohibited:

• the massive, systematic or automated extraction of content from the Service (web scraping, harvesting, mirroring, unauthorised crawling), including the calculations and reports generated by the modules, outputs exported in any format, report templates, technical manuals of the modules, sample datasets and any other content made available through the platform or the REST API;
• the use of Service content for training, fine-tuning, evaluation, alignment or inference of artificial-intelligence models, large language models (LLMs), machine-learning models, retrieval-augmented generation (RAG) systems or any other automated system for content generation, summarisation, classification or prediction, in the absence of written authorisation from ELERIA and — for content relating to the modules, calculation engines and technical manuals — from Ing. Giovanni Mappa, under the conditions set out in Article 15;
• the reproduction, redistribution, republication or commercialisation of Service content, in whole or in part, and the creation of derivative works, products or services incorporating it, without written authorisation from the rights holders referred to in Article 15;
• the circumvention of technical limitation measures (rate limits, caps, authentication, paywalls), including through rotation of credentials, IP addresses, API keys or user agents.

These provisions apply both to access via the user interface and to access via the REST API, where enabled by the subscribed plan, regardless of whether the scraping or training is carried out for personal, academic, research or commercial purposes.

The use of the Service within the ordinary limits of the subscribed plan, the manual export of outputs intended for internal professional re-use by the Customer (e.g. inclusion in a project report signed by the qualified professional) and the sharing of outputs with third parties in the ordinary course of the Customer's professional activity remain permitted, subject to compliance with Articles 11 (obligation of professional verification) and 15 (intellectual property).

A breach of this Article constitutes a material breach of contract and entitles ELERIA to immediately suspend the Service pursuant to Article 13, without prejudice to the right to claim damages and to any action in defence of ELERIA's or Ing. Giovanni Mappa's intellectual-property rights.

8. REST API and usage limits

8.1 Availability

The REST API is available exclusively within the Enterprise tier, either as an Enterprise Bundle or as an option activatable on individual modules. No other plan allows programmatic use of the Service.

8.2 Included quota and overage

The Enterprise subscription includes, for each subscribed module, a monthly quota of API calls set out in the price list in force at the time of subscription. At the date of publication of these Terms, the included quota is:

• 1,500 calculations per month per Enterprise module;
• 200 DOCX reports per month per Enterprise module.

Calls in excess of the included monthly quota are charged to the Customer at the following rates:

• calculations: € 0.10 per additional call;
• DOCX reports: € 0.30 per additional report.

Overage is computed on a monthly basis for each subscribed module and invoiced in arrears together with the next billing instalment or renewal. ELERIA reserves the right to revise the included quota and the overage rates pursuant to Article 16 (Amendments to the Terms). Where Customer usage is structurally above the included quota, ELERIA may propose to the Customer the adoption of a higher-quota plan or a dedicated configuration pursuant to Article 4.1.

8.3 Rate limiting

To safeguard the stability, performance and availability of the Service for all users, the REST API is subject to technical rate limits. By way of indication, the baseline limit is 5 (five) requests per minute per API key, unless otherwise configured for the Customer's subscription. Requests exceeding the rate limit may be rejected by the system with response code 429 Too Many Requests.

ELERIA reserves the right to:

• modify rate limits for technical, security or service-quality reasons, providing reasonable notice;
• introduce temporary caps on calls to prevent service degradation caused by abnormal usage patterns (by way of example: massive automated requests, scraping, resource-exhaustion attacks).

The Customer shall implement, on its side, integrations that properly handle rate-limiting responses and shall not circumvent the limits by technical means (key rotation, multiple IPs, etc.).

9. Service availability (SLA)

ELERIA undertakes to keep the Service available with a Service Level Agreement of 99.0% on a monthly basis, calculated excluding:

• scheduled maintenance windows, communicated with reasonable notice via dashboard and/or email;
• urgent maintenance required for security or stability reasons;
• external factors not attributable to ELERIA, including, by way of example: unavailability of third-party cloud providers (notably Amazon Web Services on which the infrastructure is hosted), connectivity outages, cyber-attacks, force majeure events;
• unavailability caused by improper configuration, integration or use by the Customer.

The 99% service level constitutes an obligation of means, not of result. Any remedies for SLA breaches, where provided, shall be governed by specific Enterprise commercial offers; in the absence of such provisions, the Customer shall not be entitled to refunds, indemnities or service credits.

10. Subscription expiry and renewal

10.1 Expiry notices

The Customer shall be informed of the upcoming expiry of the subscription via dashboard notifications and email to the address registered in the account, with reasonable notice before the expiry date.

10.2 Effects of expiry

Unless otherwise agreed, there is no automatic renewal. Upon expiry of the subscription, where the Customer has not renewed:

• access to the Service shall be automatically suspended;
• it shall no longer be possible to run calculations, generate reports or make API calls;
• Customer data shall be retained for a reasonable period, in accordance with the Privacy Policy (see Article 14), to allow renewal without loss of history.

10.3 Renewal

Renewal takes place upon express request by the Customer and follows the same procedure as the initial subscription: access is re-enabled upon actual receipt of payment (Article 4.3).

11. Disclaimer on results and obligation of professional verification

SWater Online provides support tools for the design, operation, diagnosis and documentation of water treatment plants. The calculations, simulations, suggestions and any other output generated by the Service — including, where enabled, the AI Bot output — are computational outputs based on inputs provided by the Customer and on engineering models implemented in the software, and in no way replace:

• the technical assessment of a qualified professional;
• the independent verification of results in light of applicable regulations, actual plant conditions and engineering judgement;
• the professional liability of the person signing reports, opinions, projects or documents that incorporate, in whole or in part, the Service's outputs.

The Customer acknowledges and accepts that:

• ELERIA does not warrant the suitability of outputs for any specific use case nor compliance with local regulations or standards that are not expressly declared as supported;
• it is the Customer's sole responsibility to verify, validate and contextualise the outputs before any operational, design, regulatory or commercial use;
• AI Bot outputs may contain inaccuracies or errors and shall be treated as consultation tools, not as authoritative technical opinions.

11.1 Limitation of liability

To the maximum extent permitted by applicable law, ELERIA shall not be liable for indirect, consequential or incidental damages, loss of profit, loss of opportunity, reputational damage, or damages to third parties arising out of the use of the Service or its outputs. ELERIA's aggregate liability towards the Customer, on any basis, shall in any event be limited to the amount of fees actually paid by the Customer in the twelve (12) months preceding the event giving rise to liability.

Without prejudice to cases of wilful misconduct, gross negligence and other mandatory legal limits.

11.2 Extension of the disclaimer to the author of the models

Given that the calculation engines and engineering models underlying the SWater modules are the work of Ing. Giovanni Mappa (Article 15.2), the exclusions and limitations of liability set out in this Article shall apply, pursuant to and for the purposes of Article 1411 of the Italian Civil Code (contract for the benefit of a third party), also in favour of Ing. Giovanni Mappa, who shall be entitled to enforce them directly against the Customer.

The Customer expressly undertakes not to bring claims against Ing. Giovanni Mappa, on any basis, in relation to the correctness, suitability, reliability, completeness or regulatory compliance of the outputs produced by the SWater modules, without prejudice to the Customer's own obligation of professional verification set out in this Article. This waiver does not extend to cases of wilful misconduct, gross negligence or other mandatory legal limits.

12. Customer data and content

12.1 Ownership

The Customer retains full ownership of project data, input parameters, uploaded files (by way of example: Word templates for custom reports) and the outputs produced through the Service. ELERIA does not claim any ownership rights over such content.

12.2 Use by ELERIA

ELERIA processes Customer data exclusively to:

• provide the subscribed Service;
• provide technical support upon Customer request;
• comply with legal obligations;
• in aggregated and anonymised form, improve the operation of the Service (e.g. performance analysis of the calculation models).

12.3 Disclaimer on content

ELERIA acts as a technical platform provider and does not enter into the merits of the data and contents that the Customer chooses to process with the Service. The Customer is solely responsible for the lawfulness, accuracy and adequacy of the data entered and of the outputs used.

13. Suspension, termination and breach

13.1 Suspension for breach

ELERIA reserves the right to immediately suspend access to the Service, without notice and without prejudice to the right to compensation for damages, in the following cases:

• non-payment of fees due;
• breach of Articles 7 (exclusivity of use), 8 (improper use of the API) or 12 (unlawful use of content);
• conduct that endangers the security, integrity or availability of the Service for other users;
• well-founded suspicion of fraud or unlawful use.

Suspension does not entitle the Customer to any refund of fees already paid.

13.2 Termination

In case of a material breach not cured within fifteen (15) days of the formal notice sent by ELERIA to the Customer (also by email to the registered address), the contract shall be deemed terminated by operation of law pursuant to Article 1456 of the Italian Civil Code, with immediate effect and without need of further formalities.

13.3 Effects of termination

Upon termination, the Customer loses access to the Service. ELERIA reserves the right to retain Customer data for a reasonable period, for legal purposes or to allow the Customer to recover them, in accordance with the Privacy Policy.

14. Personal data protection (Privacy)

The processing of personal data of the Customer, its representatives and its users is governed separately by the Privacy Policy of SWater Online, published on the official website of the Service and drafted in compliance with Regulation (EU) 2016/679 (GDPR) and applicable Italian legislation.

The Privacy Policy is a separate document supplementing these Terms.

15. Intellectual property

Intellectual property rights in the Service are allocated between two distinct owners: ELERIA, with respect to the SaaS platform, and Ing. Giovanni Mappa, with respect to the modules and calculation engines.

15.1 "SWater Online" SaaS platform — ELERIA

The SaaS platform commercially named "SWater Online" — including the technical infrastructure, the backend, the user interface, the REST API (where enabled by the subscribed tier), the authentication, user-management and billing mechanisms, the platform product documentation, the graphics, the logo and the "SWater Online" commercial denomination and the distinctive signs attributable to it, in their graphic declinations, as well as the related source code — is and shall remain the exclusive property of ELERIA di Andrea Vincenzo Abbondanza.

15.2 Modules, calculation engines and registered "SWater" trademark — Ing. Giovanni Mappa

The following are and shall remain the exclusive property of Ing. Giovanni Mappa, as the author of the models and holder of the related registered trademark:

• the individual SWater modules listed in Article 3 (by way of example: SWT-CAS, SWT-ALT, SWT-MBR, SWT-IFS, SWT-SBR, SWT-MXP, SWT-TRF, SWT-FNT), meaning the calculation engines, engineering models, algorithms, formulations, underlying technical and scientific know-how, and the methodological content of the technical manuals of the modules;
• the registered "SWater" trademark and the related distinctive signs, in any of their declinations, as identifiers of the family of modules and of the underlying methodology (distinct from the "SWater Online" commercial denomination referred to in Article 15.1, attributable to the ELERIA platform).

ELERIA distributes, integrates and delivers the modules to Customers, and uses the "SWater" trademark in its commercial communications and in these Terms, under a specific license agreement entered into with the rights holder, which authorises ELERIA to grant use thereof to end Customers under the terms of this contract.

15.3 Add-ons and ancillary content — ELERIA

Add-ons (by way of example: AI Assistant Bot, Custom Reports), output templates, export tools and any further component developed directly by ELERIA are the exclusive property of ELERIA, unless otherwise expressly stated.

15.4 Customer's right of use

The subscription grants the Customer a mere right of temporary, limited, non-exclusive, non-transferable and non-sublicensable use, applicable as a single bundle to the platform, the modules and the add-ons included in the subscribed plan, under the conditions set out in Article 7.2.

No provision in these Terms may be construed as a transfer, assignment or license, in whole or in part, of the intellectual property rights of ELERIA or Ing. Giovanni Mappa, except as expressly provided.

16. Amendments to the Terms

ELERIA reserves the right to update these Terms, including to adapt them to regulatory, technical or commercial developments of the Service. Amendments shall be communicated to the Customer with reasonable notice — normally not less than thirty (30) days — via dashboard and/or email.

In case of material amendments unfavourable to the Customer, the latter shall have the right to withdraw from the ongoing subscription, with a pro-rata refund of the portion of the period not used as from the entry into force of the amendments.

For amendments that do not materially affect the economic conditions or the scope of the Service, continued use of the Service after the entry into force shall be deemed acceptance.

17. Assignment

The Customer may not assign, in whole or in part, this contract or rights arising from it to third parties without ELERIA's prior written consent. ELERIA may assign the contract, including in the context of extraordinary corporate transactions, by promptly notifying the Customer.

18. Communications

Communications between the parties are normally made by email to the address registered by the Customer in its account and to ELERIA's official address indicated in Article 1. Formal communications (notices, withdrawals, terminations) may also be sent by PEC (certified email).

19. Governing law and jurisdiction

These Terms are governed by Italian law.

For any dispute arising out of or in connection with this contract, the Court of Caserta (Italy) shall have exclusive jurisdiction, without prejudice to any mandatory jurisdictional rules provided for by law.

20. Final provisions

The invalidity or ineffectiveness of one or more provisions of these Terms shall not affect the validity of the remaining provisions, which shall continue to apply.

Forbearance by ELERIA with respect to a breach by the Customer shall not constitute a waiver of rights arising from these Terms nor acceptance of any amendment to the contractual conditions.

These Terms, together with the Privacy Policy, the official price list and any specific commercial offer signed by the Customer, constitute the entire agreement between the parties and supersede any previous agreement, understanding or communication on the same subject.