TERMS OF USE OF THE SERVICE

GENERAL CONDITIONS AND TERMS OF USE OF THE SERVICE

Please review the following terms and conditions (“Terms”) that govern your use and browsing of (collectively “Use”) the Brembo App (as defined below) and relevant services (“Services”).

By creating an Account or otherwise accessing or using the App, you acknowledge and agree to follow and be bound by these Terms.

For users in the United States or America (“Unites States”), these terms include a DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.

1. PRESENTATION

By browsing and using the digital services on the “Brembo Parts” application or the sites that can be accessed from it directly, or that can be accessed by being redirected from a hypertext link in other sections (hereinafter, jointly the “App”), the User agrees to these Terms of Use, the general conditions of use and any further conditions made available through this page or in other sections of the App.

If you do not agree to these conditions, please refrain from using our Services, uninstall the App immediately, leave any sites to which you may have been redirected, and delete any applications or materials downloaded from them, including product data sheets, technical drawings, descriptions and any other documentation found.

All services described herein are provided by Brembo N.V. (hereinafter “Brembo”) with tax ID code and VAT number 00222620163, registered office in Amsterdam (Netherlands), operational and administrative headquarters in Bergamo (24126 – BG), Via Stezzano No. 87, telephone 035.6052111.
 

2. SERVICES OFFERED ON THE SITE AND GENERAL CONDITIONS

The Services offered by the App are accessible free of charge to persons engaged in business and commercial activities, and to persons who qualify as Consumers under the law of the country in which they are located.

You must be at least 13 years old to use the App. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms of Use on your behalf, and you may only access and Use the App with permission from your parent or legal guardian. By using the App, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the App does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
 

a) Digital catalogue Service

Brembo has produced a free digital catalogue of the most widely used Brembo products (the “Products”), in the form of a navigable and searchable database, and made it available to the user. More specifically, by using this service, the User can:

• consult Product data sheets, which include images, technical drawings and assembly instructions, and locate authorised dealers for the Products concerned;
• browse the catalogue and run searches by vehicle (including commercial vehicles and motorcycles), by vehicle registration number (available for Italy, UK, Ireland and France) and KBA (Germany), and by Brembo part number and size;
• use the “camera” function to scan the number plate of their vehicle and/or motorcycle to quickly identify compatible Products or to scan QR codes to check that packs of certain Brembo Products (discs and pads) are genuine;
• use the “compare” function to compare the technical specifications of two Products from the same category, as an aid to selecting the most suitable Product.

Please note that while Brembo has tried to accurately display the colours of Products, the actual colours you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, Product images, specifications, and/or availability. Brembo reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

b) User Registration Service

To complete the User’s experience of using the App, Brembo provides a free, optional registration service to enable the User to save their favourite vehicles and/or motorcycles in their account, attend training events and open tickets to request support from customer service.

To register, fill in the required and optional data fields and tick the appropriate boxes to agree to these Terms of Use and confirm that you have read Brembo’s Privacy Policy.

To register an account, you will be required to provide an email address and create a password. Your credentials are strictly personal and you must keep them carefully and diligently, in complete confidentiality, and you must not give them or leave them accessible to third parties.

If a User’s employees or other personnel log into the App, said User must ensure that they comply with these conditions relating to the safekeeping of login credentials.

Users are required to provide true, up-to-date data.

Registration on behalf of third parties (i.e., promoters, agents, etc.) may only be done with the prior express consent of the Data Subjects and in compliance with data protection legislation (Regulation No. 679/2016) and these Terms of Use.

Upon successful registration, you will be sent an email confirming that your account has been activated.

For all relations between the User and its customers, partners, employees or other personnel, Brembo undertakes only to provide the Services offered and to ensure the operation of the Platform, without any commitment whatsoever to fulfil the purposes and interests, whether specific or otherwise, of individual Users.
 

3. CONDITIONS OF USE OF THE APP AND OBLIGATIONS OF USERS

All users, whether registered or not, undertake to use the App in such a way as to avoid causing damage, disruption or malfunctions to the App and its features. They also undertake to refrain from using the App for any purpose that is unlawful or prohibited by law, for the purpose of committing criminal activities, or in such a way as to cause inconvenience, harassment or prejudice, of any type or nature, to other Users or third parties.

The User undertakes not to use the App for fraudulent acts.

Among others,, the User undertakes: not to enter or communicate any information or personal data relating to third parties who have not given their prior consent to the communication thereof; not to perform acts aimed at promoting or engaging in criminal activities or acts deemed unlawful under the laws of Italy or of the country in which the User or Brembo is located; not to commit any acts, of any description, that damage the reputation of Brembo; not to communicate, publish, send or distribute any content containing viruses, malware, trojans or any other code, file or programme created to cause damage to the software, hardware or telecommunication systems of Brembo or any third party; not to provide false information about their identity or profession or use information to which they do not hold rights of ownership; not to reproduce, copy, transform, distribute or divulge information, content or material published on the App without the prior written consent of Brembo or of the third parties that hold the intellectual and industrial property rights thereto; not to gain or attempt to gain unauthorised access to the accounts of third-party Users; not to infringe patents, trademarks, trade names or other distinctive devices, or professional or industrial secrets, know-how, copyrights or other industrial and intellectual property rights of any third party; not to act in such a way as to breach the rights to confidentiality and personal data protection of Users or third parties; not to use bots, spiders, crawlers or any other mechanism of any type intended to monitor, copy or reproduce pages generated by the App, relating to data and other content; not to carry out framing, hacking, phishing, spamming, harvesting, cloning or web-scraping on the App or in relation to accounts; not to perform any reverse engineering.

All Products (including technical drawings and other digital content) and Services made available through the App constitute intellectual property and assets of Brembo. The User undertakes not to use private or commercially available Artificial Intelligence services, including, without limitation : a) generating content based on Brembo’s intellectual property and in particular its Products (including technical drawings and other digital content), for private or commercial purposes; b) copying or reverse engineering Services or Products (including technical drawings and other digital content) owned by Brembo, irrespective of the purpose of doing so; c) using Brembo’s Services or Products (including technical drawings and other digital content) for the purpose of training the User’s Artificial Intelligence and models, irrespective of the purposes for which such training is carried out; d) creating content that plagiarises Brembo’s Services and Products (including technical drawings and other digital content). The User undertakes to ensure that their employees, contractors and auxiliaries comply with this policy on the use of AI. Any unauthorised use of artificial intelligence services or their use without prior consent will entitle Brembo to immediately suspend the User’s access to the services, and to take legal action, in pursuit of compensation for the damages sustained.

Should Brembo detect any non-compliance with any of the conditions set down herein, it may unilaterally and at its own discretion prevent registration for, access to and use of the Services offered through the App and immediately suspend and cancel the User’s account, without giving any reason or notice and without giving rise to any right to compensation.

All users, regardless of their nature (natural or legal person), undertake to use the services offered by the App in good faith and with the due diligence, whether specific or otherwise, required by law, in order to safeguard the economic and non-economic interests of other users and of Brembo.

Brembo reserves the right to amend, at any time, the content of these Terms of Use of the Service by publishing the new version on the App, on its website or by notifying the User by email, specifying the effective date of said Terms of Use and indicating the new conditions in the appropriate section.
 

4. LINKS TO OTHER WEBSITES AND SERVICES

This App may include links to other websites maintained by third parties (“Linked Sites”). Brembo may provide Linked Sites to User solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Brembo of the Linked Sites. Users access Linked Sites at their own risk and by accessing them you leave the Brembo App. Linked Sites are not under the control of Brembo and Brembo is not responsible for the contents of any Linked Site.

5. COST OF THE SERVICE

Access to and use of the digital catalogue and user registration Services is free of charge.

6. NOTICE PURSUANT TO ITALIAN LEGISLATIVE DECREE 70/2003

In accordance with the provisions of Legislative Decree No. 70/2003 (implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular e-commerce in the internal market) Brembo informs all Users that the Services offered through the App are aimed at concluding contracts for the provision of services, electronically and free of charge.

Any business relationship between the User and their customer and/or partner remains entirely autonomous and completely extraneous to the services offered by Brembo, and may not therefore form the object of any claim whatsoever against the latter.

The contract between the User and Brembo takes effect upon acceptance of these Terms of Use of the Service. Where the User completes the registration process, they will be able to log into their account and enjoy access to personalised dashboards. By browsing in their account name, the User can consult Products and vehicles and/or motorcycles saved as favourites, take part in training events and open tickets to request support from Customer Service.

Customers, partners or other persons authorised by Users will be able to log into their accounts only with the User’s prior authorisation. The User undertakes to ensure that the persons authorised to access the App and the services provided comply with these Conditions.

All information relating to the conclusion, execution and termination of contracts with Users and the use of the digital catalogue and User registration services is provided in Italian.

In accordance with Article 12 of Legislative Decree No. 70/2003, Brembo hereby informs you that all documentation relating to each contract with Users will be stored in hard-copy and digital archives to which it has sole access.

7. PROTECTION OF INTELLECTUAL PROPERTY

The App and all content and materials, unless otherwise specified, are the exclusive property of Brembo N.V. and are protected by the applicable intellectual and industrial property laws.

By preparing or using any content or material in execution of this agreement, regardless of its nature, the User implicitly grants Brembo a perpetual, irrevocable, geographically unlimited, transferable licence to use the copyright and other industrial and intellectual property rights thereto free of charge.

The User acknowledges and accepts that all Products (including technical drawings and other digital content) on the App are the exclusive intellectual property of Brembo and their use for purposes other than those for which they are made available, including for commercial purposes, is permitted only with the consent of the owner. The generation of content in breach of the permitted uses of Artificial Intelligence set down in Article 3 of this agreement will entitle Brembo to claim compensation for the damage sustained, regardless of whether the content generated can be deemed innovative or not.

Any misuse will be prosecuted in accordance with the law.

8. TERMINATION

The User acknowledges that certain provision of these Terms of Use and the clauses will remain applicable after termination of the relationship with Brembo will continue to have effects on Users even after the contractual relationship has ended and the account has been cancelled.

9. LIMITATION OF LIABILITY

The App, Services, software, platforms and content associated with them are provided “as is” and the User acknowledges and accepts that it uses them at its own risk.

Within the limits set down in the applicable law, the User guarantees, indemnifies and holds Brembo, its employees, contractors and partners harmless from any claim, regardless of its nature or title, that may arise from third parties in connection with the use of the App or its Services.

Users acknowledge that they understand and accept that any relationship that may exist between Users and their customers and/or business partners is outside the control or scope of the activities or Services offered by Brembo, which remains outside said control or scope. Without prejudice to the cases set out above and to the binding limits of the law in the case of wilful misconduct or gross negligence, any further liability of Brembo, whether contractual or non-contractual, direct or indirect, for any damage of any kind that may arise from the use of the website and the services promoted and offered on it, shall therefore be excluded.

Brembo accepts no responsibility for any harm or damage sustained by users as a result of the impossibility of using the App, the Services and its content or materials, including connected content or materials, or the discretionary suspension or interruption thereof; the failure or malfunction of the electronic equipment of Users or third parties; incorrect or erroneous content in the information or commercial material published on the App and owned by Brembo or third parties.

Brembo shall bear no responsibility whatsoever for any economic loss, loss of goodwill or damage to reputation or for any direct, indirect or consequent damages arising from the use of the App and the Services offered.

To the fullest extent permitted by the applicable laws, notice of any claim must be provided to Brembo within twelve months of its accrual or User agrees that it is forever waived and time-barred.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Brembo through the App during the prior twelve (12) months, or alternatively, the minimum permitted by law.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to User. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

10. MISUSE

Any non-compliant conduct, misuse or breach, by any User, of the general or specific provisions and rules set down in these Terms of Use shall entitle Brembo to take any action and measures, including judicial or extra-judicial, to promptly eliminate the misuse or breach deemed unlawful.

11. APPLICABLE LAW, JURISDICTION AND ADR CLAUSE

This Agreement is governed by Italian law.

In the event of any dispute concerning the conclusion, interpretation, execution or termination of contractual relations, the Court of Bergamo shall have sole jurisdiction.

Brembo invites all users who believe that they have sustained damage as a result of using the App to contact us at the addresses given in this document, in order to amicably resolve any dispute that may arise between the User-Consumer and our company. Access to the Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) platforms, as well as the conditions concerning the resolution of minor disputes, are specifically set out at the link https://ec.europa.eu/consumers/odr/.

In the event of any dispute arising from the use of the services offered by the App, any User who qualifies as a Consumer may also refer the matter to the judicial authority of the mandatory court of jurisdiction for their place of domicile or residence.

For users in the Unites States, User and Brembo each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. User and Brembo agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

Additionally, users in the United States waive the right to a jury trial to the fullest extent permitted by applicable law.

12. FINAL PROVISIONS

Brembo reserves the right to modify, suspend, or discontinue the App and any service, content, features, or Products offered at any time, without notice to you. Brembo will have no liability to you or any third party for modification, suspension, or discontinuance of the App, or any service, content, feature, or Product offered through the App.

In accordance with the measures issued by the Italian Competition Authority, Brembo informs all Users that any amendment to these Terms of Use will be made after a reasonable period of notice has been given in relation to the effective date of the new conditions, and after offering the User the right to withdraw from the contract. The Parties acknowledge that the User is specifically responsible for periodically checking for updates to these Terms of Use of the App. Unless otherwise specified, the new Terms of Use shall take effect after 14 (fourteen) days.

These Terms of Use of the Service and the documents associated with them, including the Privacy Policy, constitute the entire agreement with the User, as there is no further document that can derogate, supplement or amend the general and specific rules of use of the Service.

Any deviations from these Terms of Use of the Service offered by the App must be formalised by means of a written document signed by User and Brembo.

Should any clause herein be null, void or ineffective, this shall not make the remaining contractual clauses null, void or ineffective.

Regarding any information, communication or complaint relating to the content of these Terms of Use of the App, its content or material, or the Services offered by Brembo, please “Contact us”.

Any complaint concerning the conditions set down herein may be submitted to the competent Authority of the country in which the user is located.

Last update and effective date: 02/04/2025