This License Agreement and Terms of Use apply to everyone using the Hi itsOnMe App (hereinafter also the "App") and the services offered by Genia Business Srl - Via Caduti del Pilastro 8 - 40055 Castenaso (Bologna) (hereinafter “Genia Business”) through the App (hereinafter “User” or “Users”).
By downloading the App, by registering to the same and using the related services, User agrees to this License Agreement and these terms of use of the App ("Agreement"). By clicking on the option "Yes" under the heading "I have read and accept the terms of use and privacy policy in accordance with Article 13 of Regulation (UE) 2016/679” during the app installation process and using the App, User agrees to accept the Agreement. Therefore, the User is encouraged to not download the App and to not use its services if not intending to accept the Agreement, which binds to the following terms.
By accepting the license agreement and terms of use, the User acknowledges consent to the processing of personal information, as specified in the privacy statement.
App can be downloaded through App Store and Google Play to be installed and used on iphone, ipad, smartphone, and tablet devices.
1. ACCESS AND USE OF APP AND SERVICES. REGISTRATION.
User can access the App services via mobile devices after registering with the App. You will therefore need to provide some information and personal data that will be processed in accordance with the privacy policies contained in the Privacy Statement www.geniabusiness.com/hi-itsonme/privacy-en.html. Access and use of the services and registration are free and free of charge.
To access and use the Services, Users are required to perform an App registration process and create an account by providing some personal information (such as nickname, email address, etc.). To complete the registration process, the User will receive an email at the email address provided during the registration, containing a link to confirm the registration. In the absence of activation of this link within 5 days of receipt and the relevant communication, the account will be disabled and access to the App and use of the Services will not be permitted.
User agrees to provide accurate, real and complete information and to keep the data provided up-to-date, being the only responsible for the truthfulness and accuracy of the data and any damages caused by failure to comply with this obligation.
User acknowledges and declares to be the only responsible for the confidentiality of the account, as well as for any use of the same and the activities performed by this account. User also agrees to immediately notify Genia Business of any violations or unauthorized use of the account. Genia Business is not responsible for any damages that the User may incur for the use of the password or account by a third party, of which the User may or not be aware, or for misuse, unauthorized or illegal use of the account.
In case of any abuse on the above, Genia Business may, at its discretion, cancel the account, remove or modify any content or access linked to the User Account, interrupt or terminate the supply of the Services, and perform any other action that may be considered from time to time appropriate and suitable.
User may cancel the account at any time and terminate the Agreement at any time by canceling own Account.
Genia Business does not guarantee continuous and uninterrupted access to the App and its services, which may be eventually conditioned by events independent of our control. Access to the App can be suspended and/or interrupted, for example, for technical reasons of any kind, for business and/or strategic choices and/or related to Genia Business's goals and associative and statutory purposes, due fortuitous events or force majeure, for breaching of the User's obligations below, without, the latter, having anything to claim from Genia Business.
Genia Business will in not be in any case liable either to Users or third parties for the cancellation of the User's Account and for the suspension/termination of the Services.
2. CONCESSION LICENSE OF USE. NOT AUTHORIZED USE. INTELLECTUAL PROPERTY
Genia Business, in accordance with the terms of this Agreement, grants the User a non-exclusive, personal and non-transferable, non-sublicenseable, free, indefinite right to install and use the App in order to access the services offered by Genia Business through the same (hereinafter referred to as the "Services").
If Services require or include downloading software, the software is licensed to the User by Genia Business for private and personal use. Software and App can not be used by children under the age of 18 unless under parental consent.
Genia Business and its eventual licensors are the exclusive holders of all rights to the software, the App and source code, the structure and organization of the software, including copyrights, industrial secrets, intellectual property rights and any other software and app rights.
User may not, within the limits of applicable law:
copy, distribute, publish, reverse engineer, decompile, modify or translate the Software and the App or attempt to access its source code in order to create products derived from the source software code and the App or for other purposes;
sell, render, sublicense, transfer, distribute or lease the Software or the App;
make software and App available to third parties via a telematic connection or otherwise;
use the App in a manner not permitted by applicable laws or regulations;
alter or remove copyright, information, logos, and any other property and/or information contained within the App;
Use any automatic or manual, device, process, software, program, algorithm, methodology or routine, including, but not limited to, "spider" robots or other similar processes or features to interfere or attempt interfering with the App and its operation;
use the App and Services for any illicit, obscene, offensive, abusive, harassing or improper purpose nor sell or offer to sell goods or services to conduct or submit surveys, contests or chain letters, or for any purpose that is prohibited by the Agreement;
Publish or store on the App any software, information, data, audio, video or audio-video, photos, images, documents, texts, or other material that violates the rights of Genia Business or third party rights,
(each of the uses mentioned above is termed "Unauthorized Use").
All information that Genia Business collects from the User or the User's device is subject to this Agreement and to the Genia Business Privacy Statement.
Genia Business and its licensors reserve any rights not expressly attributed to the User under this Agreement and retain all rights to the Software, the App and the Services. The ownership of the software and app and of any improvement, update, modification or integration, as well as all copyrights, patents, trade information, trademarks and any intellectual property rights represented in the software and App are to be considered property of Genia Businesses or third parties as legitimate owners.
The User is the only responsible for any damage, cost or expense arising out of an unauthorized use. If the User becomes aware of an unauthorized use by third parties, he must immediately notify Genia Business and also provide Genia Business with the assistance required to investigate upon it.
The term "Genia Business" as well as any registered trademark, distinctive sign and domain name used by Genia Business from time to time through the App (the "Trademarks") are trademarks, patterns and domain names of Genia Business and/or of their licensors and/or legitimate holders, and such persons are in possession of all rights related to these Trademarks. User acknowledges to be aware that by using the App and Services one does not acquire any rights to the Trademarks. Under no circumstances may the User use the Trademarks without the prior written consent of Genia Business. In addition, the User may not engage in any activity, including Intellectual Property Rights, that may violate Genia Business on the App and its Trademarks, and perform any activity that may harm the image of Genia Business, its own employees, associates and consultants.
Except for the content provided by the User, or linked or from an external source to the App, all information and materials that appear as part of the App (including text, graphics, icons, software, logos) are the property of Genia Business or of its partners, holders of the relevant rights.
Third party content on the App that the User submits or returns when entering content into the app belongs to such third parties and their holders. Therefore, by inserting names, trademarks, images and videos through the App, the User is the legitimate owner of the uploaded or uploaded material or has obtained the necessary permissions to use such names, trademarks, images, content and videos, assuming any liability in case of a violation of other people’s intellectual property rights, including copyright and trademarks.
3. EXCLUSION OF WARRANTY
Within the limits stipulated by applicable law, Genia Business does not provide any expicit or implicit warranties with respect to the App, which is being offered "as it is" and "as it is available" and does not provide any warranty or representation of any kind regarding its quality, its suitability for a particular purpose, its completeness and accuracy. Except as expressly provided in the Agreement, neither Genia Business nor its suppliers or distributors issue specific warranties with respect to the App and the Services.
Regardless of Genia Business's efforts to provide the User with high quality and security services, Genia Business does not warrant that the supply of services provided through the App will not be interrupted, that it will be punctual and error-free, and that software defects and App will be fixed and that they are free from viruses or bugs.
Genia Business reserves the right to suspend, terminate, modify, remove or make additions to the Software and App at its sole discretion, with immediate effect and without notice or prior notice, for the management, maintenance and/or updating of software and the App without any liability whatsoever for any damage suffered by the User as a consequence of such conduct adopted by Genia Business.
Genia Business is by no means responsible for the correctness of the information provided by Users through the App and Services. The use of the Services is entirely at the user's risk.
4. USER'S DECLARATIONS AND GUARANTEES
Before using the App and during its use, the User declares, warrants and agrees that:
the use of the App and the Services shall be in his/her only choice, discretion and risk;
the personal data provided by the User to Genia Business for the use of the App and the Services will be processed by Genia Business in accordance with the Privacy Statement;
registration of the App and the use of the Services by children is expressly authorized by the parent respobible as legal guardians or tutors of the child.
User is the only responsible for the telecommunications network and the Internet access services required to use the software and the App and GENIA BUSINESS will not be liable for any defects in such networks or services.
User agrees to provide accurate, real and complete information and keep the data provided up to date, being the only responsible for the truthfulness and accuracy of the data and information provided, as well as for any damage caused by non-compliance with this obligation.
User acknowledges and declares to be the only responsible for the confidentiality of own password, as well as for any use of the same and the activities carried out through own account.
5. PUBLICATION OF CONTENT
User may not publish any material that is illegal, obscene, defamatory, slanderous, or otherwise violates applicable laws or which may in general be considered offensive through the App and through the use of its functions, or through the option of uploading images and videos.
GENIA BUSINESS reserves the right to refuse to publish or to delete any Content of the User characterized by:
offensive, malicious and/or offensive language;
references to illegal and/or unlawful activities;
content that GENIA BUSINESS considers to be illegal, or in violation of any Community, national or international law or regulation, or any other natural or legal person;
encrypted content or containing viruses, Trojans, worms, time bombs, robots or other computer routines, intended to harm, interfere with, intercept or take possession of any system, data, or personal information.
In such cases, GENIA BUSINESS reserves the right to terminate access to the App and Services and account without prior notice and to cancel the data provided.
6. LIMITATION OF LIABILITY
GENIA BUSINESS is in no way responsible for the correctness of the information provided by Users through the App and Services. The use of the Services is entirely at User's risk. Within the limits of the applicable law, GENIA BUSINESS will not be liable for any direct, indirect or consequential damages (including loss of earnings, business interruption, loss of business information or any other pecuniary damage) or loss arising from the use (or incorrect use) of the App and Services. GENIA BUSINESS's liability for losses and/or damages due to the content of the App or the Services will be limited to the deletion of the content or material that caused them in a reasonable time. There is the possibility that computer hackers enter the App, modifying its content and integrating it with malicious material (eg. viruses, worms, corrupted files). In such cases, GENIA BUSINESS will in no way be liable for damages, losses or modifications generated by these hackers to the User or third parties. GENIA BUSINESS will not in any case respond to any damages and prejudices of any nature caused by the lack of continuity, availability, reliability, usability of the App and Services and, in particular, but not limited to, errors of access to them. GENIA BUSINESS will not be liable for any loss or any other circumstance resulting from the subtraction, theft or use of any User identifier (username and password) related to the Services. It will be the responsibility of the User to preserve the id and the password of the Services and the data and information provided through the use of the App and the Services.
If applicable law does not allow for exclusions or limitations of guarantees and liability to the User, the above limitations will apply within the limits allowed by law.
7. LINK AND MALWARE
Although periodically checking the content of web pages linked through the App, GENIA BUSINESS does not take any responsibility for the contents of the web pages. The User is the only responsible for the use of linked web pages. GENIA BUSINESS does not guarantee that the App is immune from viruses or other potentially harmful programs.
8. MODIFICATIONS
GENIA BUSINESS reserves, at its own discretion, the right to update or modify this Agreement, the App and the Services and/or any part of it at any time with reasonable notice. Please consult the Agreement periodically. The subsequent use of the App and Services by the User will be understood as acceptance of the Agreement's modifications.
9. INDEMNITIES AND DAMAGES
The User, by using the Services, undertakes to indemnify and hold harmless GENIA BUSINESS from and against any claim, action, request, liability, cost and expense, including, but not limited to, reasonable legal fees arising out of the breach or non-compliance to any disposition of the Agreement or applicable laws, or any warranty provided by this document, or otherwise arising in any way from the use of the App and the Services.
10. REPORTING VIOLATIONS
Any abuse, misuse, unauthorized use, violation of law and/or contract may be reported to GENIA BUSINESS via email at abuse@hi-itsonme.com. User must also immediately report to GENIA BUSINESS any unauthorized use of the password and account by any third party.
11. LAW AND JURISDICTION
This Agreement and any other related matter are governed by Italian law.
For any dispute arising from the application, interpretation, validity or effectiveness, execution and termination of the Agreement, the parties shall beforehand try to conciliate as per d. Legislative Decree 28/10 at the Mediation Body of the Bar Association of Bologna, prior to commencement of any arbitration or judicial proceedings.
If the mediation process does not conclude with a conciliation, the parties agree that exclusive jurisdiction in relation to any claim, dispute or dispute concerning the Agreement and any related matter shall be delegated to the Court of Bologna, except for the hypothesis in which is governed by consumer law.
12. CESSION
GENIA BUSINESS reserves the right to assign this Agreement to a third party, in whole or in part, at any time and without the prior consent of the User. User may not render any of own rights and obligations arising out of this Agreement to any third party.
13. OTHER
Failure by GENIA BUSINESS to exercise its rights in case of a breach by the User of a disposition of this Agreement (including the failure by GENIA BUSINESS to require execution or a timely and correct fulfillment of the dispositions of this Agreement) shall in no way be interpreted as a waiver to claim rights in respect of any subsequent non-compliance with such a forecast or any other default of any other disposition of this Agreement.
If a disposition of this Agreement is or becomes illegal, invalid or ineffective in any country, this will not affect the validity or applicability of any other disposition of this Agreement or the validity and applicability in any other jurisdiction of this forecast and any other disposition of this Agreement.
Nothing in this Agreement will or will not be interpreted as a source of collaboration, agency, fiduciary agreement or joint venture between the parties.
This Agreement represents the entire agreement between the parties in relation to its subject and substitutes any other previous (oral or written) agreement having the same subject.
Pursuant to Article 1341 et seq. of the Italian Civil Code, the User declares to have read and specifically accepted the following articles: 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13
