Details of Service


AMADA Keeper service is a real-time monitoring service for Amada machines that are equipped with one of these numerical control versions: AMNC v.5, AMNC-F, AMNC3i Blank or AMNC 3i Bend.

The service allows to:

  • View in real time the machine status, enriched with additional information where needed. In detail:
    • If the machine is running: the current program name is shown
    • o If the machine is in alarm: the active alarm (code and description) is shown
  • View of statistics about machine working, in detail:
    • Machine efficiency (running time/power-on time)
    • Machine efficiency on 24h
    • Setup time (setup time/(setup time + running time))
    • Partitioning of the machine status on power-on time
    • Ranking of most used materials
    • Only for bending machines with AMNC control, ranking of most used punches and dies

In web portal version, KPIs are exportable and printable (also as pdf).

  • View alarms history and executed programs. The service allows to view and, only from web portal, export and print the list of executed programs and the list of the alarms occurred on the machine. About the programs, it is possible to view: program name, starting date and time, and duration. About the alarms, there is code, description, starting date and time and duration.
  • Additional features available from web portal:
    • Notifications
      • The system provides the possibility to customize notifications. As a default behaviour, a notification (push if referring to mobile app, in-browser when on the portal page) is sent for each alarm that is active for at least 5 minutes.
      • The notification system can be customized from the user, setting:
        • Notify always as soon as any kind of alarm occurs
        • Never notify for any alarm
        • Always notify for every alarm when they are active for at least “n” minutes
        • Settings on specific alarm (always, never, after “n” minutes of activation)
        • Settings for a specific alarm are available only after that the specific alarm occurred at least once from service activation
      • Machine groups configuration
        • The user can manage the machines he is allowed to view dividing them in different groups, to be defined according to customer preferences (i.e. technology, location, etc.)
      • Users configuration
        • Each admin user (one for each customer) can create at most 5 additional users
        • Permissions for additional users will always be equal or lower than the admin’s one
        • Notifications settings are customizable for single user
      • Users groups configuration
        • Each admin user can set users groups made of existing users
        • Each group can have visibility on machines opportunely filtered and custom notifications (related only to visible machines).
      • Machine details
        • It is possible to view technologic information regarding the machine (HMI type and version, dimensions, etc.) and export or print them.

Support

The system is certified as following:

  • Web Portal:
    • Google Chrome 58+
    • Firefox 53+
    • Safari 10+
    • Edge 38+
  • Mobile app:
    • iOS 9.0+
    • Android 5.1+

With optimized versions for smartphone (portrait) and tablet (landscape).

Assistance and maintenance Service

The Service that is object of the contract includes a service of Assistance and Maintenance that allows the customer to make use of all updates, modifications, improvements and evolutions of the Service developed by the Company during the validity period of the contract, as  well as of the Assistance services, as following detailed.

Assistance and Maintenance service includes following activities:

  • Online and phone assistance. This includes dedicated phone Helpdesk service, and a teleassistance service, active from 8.30 a.m. to 12.30 a.m. and from 1.30 p.m. to 5.30 p.m. calling the +39 0523 952844 (fax: +39 0523 952899) on weekdays. This assistance offers support to Customer to use the service correctly and efficiently, providing solution to operative problems raised during the Service usage.
  • Corrective Maintenance. This includes actions made on the Service executed by the Company to correct failures or errors of the Service (bug), basing on tests and reports.
  • Evolutive Maintenance. This includes all the actions made on the Service executed and decided autonomously by the Company (or by third parties providing the Service) in order to improve the working and the usability, to add new functions and features, adapting it to laws evolution and to referring context (update).

In any case, all the Maintenance services are provided basing on corrections, adaptations and evolutions of the service, that will be implemented basing on the exclusive discretion of the Company (or of third parties providing the Service) and without any obligation about periodicity, frequency, type or number of actions to perform.

Maintenance services will be provided in the way that the Company will consider most appropriate for each case. The Customer should install any update of the mobile APP, following the instructions provided from the Company, and to execute any other actions of update reported by the Company, to be able to continue to use the Service on a regular basis. The Service might not work in case of work stations equipped with versions not updated of the programs needed to run.

Subject to the possible activity of initial configuration of the Service, the Service itself does not include in any case the provision of actions of the technical staff of the Company at the premises of the Customer.



AMADA Keeper Service Contract Conditions

1. The service and mode of distribution and provision

1.1 Amada Engineering Europe S.r.l., a company with its main office in Pontenure (PC), at via Isamu Amada 1/3, tax identification and VAT number 00844050336 (hereinafter: "Company"), provides the service AMADA Keeper in Cloud mode (Software-as-a-Service), allowing collection and viewing data in real time, related to the status, alarms and production data of certain types of machines produced by the Amada Group for the purposes of monitoring their operation by remote (hereinafter: "Service"). The Service consists of activities of evolutionary and corrective maintenance, as well as technical assistance, all as described more in detail on the service Portal which can be found at the link https://portal.aee.cloud/tos (hereinafter, " Portal"), where the contacts for customer service are also available.

1.2 The Service can be purchased at a point of sale in the distribution channel of which the Company is a part (hereinafter " Amada branch of reference") by signing an order (hereinafter: "Order") and may be used only upon acceptance of the following conditions of service. For after-sales service, the customer can contact the Amada branch of reference where the Order was signed, during business hours, or can also contact the offices listed on the Portal for any activities of remote technical assistance that may be indicated there.

1.3 Access to the Service is possible either via web browser or via the mobile application AMADA Keeper, available for Android and iOS and optimized for both smartphone and tablet (hereinafter, " App").

1.4 Downloading the application for access to the Service is free (except for the costs of connection to the network based on the individual rate profile) and is made at the Customer's expense and care. Failure to download the mobile application will make it impossible to use the Service accessed via mobile terminal.

1.5 For access via browser, it is sufficient to connect to the internet and access the Portal by entering the Customer's credentials for access to the Service, as specified hereafter.

1.6 For a detailed description of the Service and related functions, please refer to the link https://portal.aee.cloud/tos on the Portal.

1.7 The duration of the Service, as identified in art. 10 of this agreement, starts from the time of signing the Order; however, to start using it, the Customer must proceed to the enabling of the Service.

2. Subject

2.1 These contractual conditions (hereinafter: " Contractual Conditions") regulate the supply by the Company of the Service to the user companies, identified by the data supplied to the Amada branch of reference at the time of signing the Order (hereinafter: in the plural form, "Customers" and individually "Customer"), which shall correspond to the data supplied for the creation of their profile, as specified hereafter (hereinafter, "Customer Profile"), at the time of enabling the Service on the Portal, after accepting the Contractual Conditions.

2.2 The Contractual Conditions are addressed exclusively to physical or legal persons acting for purposes inherent to their professional activity, trade or business, and in any case in possession of VAT number, and can be accepted only by persons in possession of the necessary powers to accept the undertakings in the name and on behalf of the Customer. The Customer is responsible for the completeness and truth of the data supplied to the Company, also pursuant to and by the effects of Presidential Decree no. 445/2000 and subsequent amendments and additions, and it further undertakes to inform the Company of any errors, omissions or changes in the data supplied for the entire contractual period.

2.3 For the duration of the Contractual Conditions, as specified more fully hereafter in article 11, the Company grants the Customer a non-exclusive, non-transferable right, without territorial limitations, to access and use the Service, exclusively within the sphere of its business activity and in accordance with the terms of the Contractual Conditions.

2.4 The Customer shall access the Service using authenticating credentials that it will select independently or that will be assigned to it by the Company. In the latter case, at the first access, the Customer will have to enter a new password, known only to itself. The Customer can create a Customer Profile independently, customizing the modes of use of the Service, by using the tools made available in the Service environment. The Customer may also define additional User IDs authorized to use the Service (free of charge for a maximum of 5 additional User IDs, on payment for any in excess of 5), determining the levels of use, as described more in detail in the link https://portal.aee.cloud/tos on the Portal. The Customer will be responsible for the secure custody and use of those credentials, that will be used under its exclusive responsibility.

3. Customer's duties and responsibilities

3.1 By accepting the Contractual Conditions, the Customer undertakes:

  1. To use the Service in accordance with the law and with the regulations in force, and in respect of the rights of the Company and others, complying scrupulously with the Contractual Conditions and technical instructions for use which may from time to time be issued by the Company;
  2. To ensure that the Service is only used by parties authorized by it and subject to its direct control and hierarchical power and discipline, accepting full responsibility in this aspect;
  3. Not to disclose, directly or indirectly, or also through its personnel, the password and/or User-IDs for access to the Service, thereby preventing its improper or unauthorized use and in any case remaining responsible for any use of the credentials;
  4. Not to perform any act which could endanger the security of the system and/or equipment to which the Customer has access through the Service;
  5. Not to take any action that could endanger the operation of the App, such as tampering, altering and or switching off the machines or systems for connections (for example Amada Machine Link) supplied with them to ensure the correct function of the Service and/or use of it by means of the App;
  6. To communicate in writing any change in its identifying data to the company and, in particular, any data related to the registered office and/or other office for purposes of billing (where applicable), hereby acknowledging that all communications sent by the Company to the last address communicated by the Customer shall be considered received and read.

3.2 The Customer undertakes to relieve and indemnify the Company for any out-of-court dispute or lawsuit brought by third parties related to alleged violations of national or international laws committed by the Customer or in collusion with it through and/or in the use of the Service. The Customer undertakes to inform the Company promptly in writing if such dispute or lawsuit should be filed against it, and in any case will have to manage any such litigation for its own account, bearing all the costs and charges, even if the dispute or lawsuit should later be found groundless.

3.3 The Customer undertakes to relieve and indemnify the Company for any loss, cost, charge and/or prejudicial consequence deriving from lawsuits and demands made by third parties, depending or in connection with violation by the Customer of the obligations and warranties deriving from these Contractual Conditions or in any case concerning acts or facts pertaining to the Customer's sphere of activity.

4. Intellectual property rights and restrictions

4.1 All property rights including intellectual property on the software, the Service and the logos, trademarks and any distinctive sign of the Company or third parties, including the App, remain the exclusive property of the Company or third parties that own them. The Customer undertakes to use the Service in respect of those rights and the limits specified in these Conditions, and guarantees that it will not violate the intellectual property rights of the Company and/or third parties.

4.2 The Customer may not:

  1. Sub-license, grant, transfer wholly or in part, sell, rent, exploit for business purposes or otherwise make available the Service to third parties;
  2. Edit, perform derivative works, reproduce, distribute, decompile or perform reverse engineering on all or any part derived from the Service, except within the irrevocable limits of the law.

5. Suspension of the Service

5.1 In case of breakdowns, flaws, defects or malfunctions to one or more elements of the infrastructure, even if due to fortuitous circumstances, force majeure or in any case acts or facts beyond the control of the Company, and in case of emergencies or threats related to the security of the Service, the Company may suspend the Service, also without advance notice to the Customer, for the time strictly necessary to restore it correctly.

5.2 Without prejudice to application of article 9 hereafter, the Company reserves the right to suspend the Service, where there is grounded reason to believe that the Service is used by unauthorized third parties, or there is grounded reason to believe that the Service is used illicitly and/or illegally by the Customer or its staff and/or appointees, reserving the right to take action, also having recourse to the law, to protect its rights and recover any possible damage, whether direct or indirect, including possible damage to its reputation and that of the Service.

5.3 Except in those cases in which the Company deems immediate suspension necessary, the Company will provide the Customer with reasonable advance notice before suspending the Service.

5.4 The company may suspend the Service to permit the performance of activities of scheduled maintenance, with minimum notice of 3 (three) days to be communicated to the Customer in the manners detailed hereafter in article 17.

6. Warranties of the Company

6.1 The Company declares and guarantees that the Service it supplies is not affected by flaws that exclude or significantly decrease its potential use with respect to the related description made available by the Company at the time of implementing it. In any case, the Service is supplied by the Company "in the conditions in which it is found" and "insofar as available". Within the maximum limits permitted by any irrevocable provisions of law, the Company does not provide any other express or implicit guarantees. In particular, the Company does not guarantee:

  1. That the Service will fulfill the expectations of the Customer or correspond to the specific purpose it pursues;
  2. That the Service will function without interruptions, in a timely manner or free of errors;
  3. That any error in the software serving for provision of the Service and/or in the Service itself will be promptly corrected and/or removed.

6.2 The Customer acknowledges that it is expressly aware that the use of the Service is made at its exclusive risk and discretion.

7. Limits of liability

7.1 The Company will be liable for any damage caused with malice or gross negligence.

7.2 Within the irrevocable limits of the law and provisions of the preceding clause, the maximum limit of liability of the Company for any damage caused in any way to the Customer or to third parties in connection or in the performance of the Contractual Conditions, may not exceed, in total, the amounts paid by the Customer for the Service in the 12 (twelve) months prior to the event that gives rise to liability.

7.3 The Company has no liability for indirect damages (including, merely by way of example and without limitation, loss of profits, interruption of business, lost revenues) or for the loss of or impossibility to access or use the data and/or information, and for any other economic loss suffered by the Customer and/or by third parties deriving from the use and/or inability to use the Service.

8. Amendments of the Contractual Conditions and to the Service

8.1 The Company may, at any time, at its complete discretion, edit, update, improve or alter certain technical features of the Service, add and/or remove certain functions of the Service and edit, update or amend the Contractual Conditions.

8.2 In case of alterations worsening the Service, such as the removal of certain functions, as well as amendments worsening these Contractual Conditions, the Company will give notice to the Customers by publication on the dedicated Portal and will also send a communication of notice to the Customer Profile.

9. Express termination clause

9.1 The Company reserves the right to declare the Contractual Conditions rescinded, pursuant to and by the effects of art. 1456 of the Italian civil code, with simple written communication, if the Customer should violate even only one of the obligations contemplated in the following articles: 2.2; 2.3 (Subject); 3 (Duties and responsibilities of the Customer); 4.2 (Intellectual property rights and restrictions); 11 (Prices, taxes and payments).

10. Duration, renewal and termination

10.1 The duration of the Service contract is one year, starting on the date of signing the Order (hereinafter, "Duration"); the Customer is responsible for activating and creating the Customer Profile for the purpose of effective use of the Service.

10.2 The Service will be renewed automatically from year to year unless terminated by the Customer with notice to be communicated at least 30 (thirty) days in advance of the original or renewed deadline.

10.3 At any time, each party may rescind the contract at no cost, with 90 (ninety) days' notice in writing to the other party.

10.4 In case of rescission by the Customer, it will be required to pay any Prices due pursuant to art. 11 hereafter until the end of the current year of duration. The Customer will not have the right to return of the rates already paid for the year in progress.

11. Prices, taxes and payments

11.1 The prices for the Service is a recurring annual charge, payable in advance, which includes supply of all the services and functions included in the Service ordered and detailed in the Order signed by the Customer.

11.2 All Prices indicated in the Order are net of any tax, fee or contribution and will be billed by the Armada branch of reference and paid to it by the Customer.

11.3 The terms of billing and payment are specified in each Order. In case of delays in payment exceeding 30 (thirty) days, the Company has the right to suspend usability of the Service by the Customer, with the obligation to restore it as soon as the payment is made. After 15 (fifteen) additional days, the Company has the right to permanently cancel the Customer's access to the Service and delete the Customer Profile, without prejudice to other actions pursuant to art. 9 above.

11.4 After the terms indicated in the preceding clause, the Company will have the right to rescind the Contractual Clauses pursuant to and by the effects of art. 1456 of the Italian civil code, as regulated by art. 9 above, without prejudice to the right to obtain compensation for any damage suffered.

11.5 Any variations in Service rates shall be communicated to the Customer with at least 90 (ninety) days' notice and will become effective for Orders in progress starting from the following year of renewal, if any, pursuant to the provisions of art. 10.2 above.

12. Variation of the number of License Units, activation of new functions and change of version

12.1 At any time, by signing a new Order, which will have to refer to the previous Order, the Customer may request:

  1. Additional users (with respect to the maximum number defined by art. 2.4);
  2. Additional machines monitored;
  3. Activation of new functions (where available);

12.2 Recalculation of the rate will be made taking account of the rules provided by the price list in force at the time of the Customer's request of variation. The variation made will not affect the contractual duration.

13. Communication of security breaches

13.1 The Company undertakes to inform the Customer promptly, and in any case within 72 hours, of any security breach of which it becomes aware. For the purposes of this article, by security breach is meant any violation of security that even accidentally causes the destruction, loss, alteration, unauthorized revelation or access to personal data and confidential information, as defined hereafter in article 14. The Company: i) will investigate the causes of the security breach; ii) it will send the Customer a detailed report with a description of the breach and the data involved in it.

14. Confidentiality

14.1 The Company undertakes for itself and its personnel, and for possible outside cooperators employed during the performance of the activities pursuant to the Contractual Conditions, to maintain the maximum secrecy on any confidential data (hereinafter: "Confidential data") of which it may come into possession as a consequence or on the occasion of providing the Service. By Confidential Data is meant any information that contains, in the related documentation, the word "Secret", "Confidential" or other equivalent indication. All commercial data about the customer is also considered confidential, as well as any economic, and financial data related to the Customer's personnel. Information that is, or becomes, public may not be considered confidential.

14.2 Without prejudice to the terms of the preceding clause, the Company reserves the right to mention the Customer and use its trademarks, logos and any other distinctive sign solely and exclusively for purposes of trade reference, unless the Customer provides to deny the right, which it may do, in writing, at any time.

15. Use of personal data and compliance with laws

15.1 With regard to the activities connected with performance of the Contractual Conditions and of the Service, the parties undertake to comply with the provisions of the Privacy Code, each within its sphere of competence and for the data in its possession (legislative decree no. 196/2003), and Regulation (EU) 2016/679 of the European Parliament and Council, dated 27 April 2016, related to the protection of physical persons with regard to the use of personal data, and with any other provision or law or regulation applicable to its sector of business. It shall be expressly understood that it is the responsibility of the Customer to evaluate the suitability of the Service with respect to its needs of compliance with laws or regulations applicable to it. The Company declares that it adopts all the technical and organizational measures necessary to guarantee that the Service has an adequate level of security, appropriate to the nature of the data handled and the specific characteristics of the Service.

16. Applications and third-party devices

16.1 The AMADA Keeper Service incorporates, or at least can interact with, third party applications, websites and services ("Third-Party Applications"), and with Third-Party Devices, to make the Service available to Customers. Third-Party Applications and Third-Party Devices may be governed by respective terms and conditions of use and privacy notices. The use of Third-Party Applications and Third-Party Devices by the Customer will be governed by and subject to the terms and conditions of use and privacy notices of such third parties. The Customer understands and accepts that AEE does not promote and is not responsible for the operation, characteristics or content of Third-Party Applications or Third-Party Devices and any commercial operations that the Customer concludes with the provider of such Third-Party Applications or Third-Party Devices. Furthermore, the Customer understands and accepts that AEE does not guarantee the current or future compatibility of Third-Party Applications or Third-Party Devices with the Service.

17. Invalidity of clauses

17.1 If one or more clauses of the Contractual Conditions should be considered invalid or inapplicable, even only in part, said invalidity shall not affect the residual part of the clause or Contractual Conditions, which will continue to have full application. Those articles of the Contractual Conditions that are found invalid or inapplicable will be replaced by other legally permitted clauses that give the Contractual Conditions the content most closely resembling that desired by the parties.

18. Communications

18.1 Communications required pursuant to articles 9 and 11 of the Contractual Conditions shall be made in writing by registered letter with recorded delivery, or certified electronic mail, and shall be understood as effectively and validly made on receipt.

18.2 Any communication made to the Company pursuant to the preceding clause shall be addressed to:

Amada Engineering Europe S.r.l.

Via Isamu Amada 1/3

29010 Pontenure (PC)

19. Applicable law and Jurisdiction

19.1 Italian law is the law applicable to the Contractual Conditions.

19.2 The parties expressly agree that in case of any dispute concerning the interpretation, performance and/or validity of these Contractual Conditions, the Italian judge shall have exclusive jurisdiction through Court of Piacenza.

Pursuant to and by the effects of articles 1341 and 1342 of the Italian civil code, the Customer declares that it has read, understood and expressly accepts the following clauses: art. 5 - Suspension of Service; art. 6 - Warranties of the Company; art. 7 - Limits of Liability; art. 8 Amendments of the Contractual Conditions and to the Service; art. 10 - Duration, renewal, termination; art. 11 - Prices, taxes, payments; art. 19 - Applicable law and Jurisdiction.


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