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Terms and Conditions 

Selectic GmbH
Landsberger Allee 366
12681 Berlin
Germany

Represented by

CEO: Nicolas Tozzoli, Antonio Panta

Contact

E-Mail: info@selectic.tech
Website: www.selectic.tech

Telephone: +39 349 3398153

Company Registration

Registration in the Commercial Registry

Registration No.: HRB 243987

VAT identification number: DE357160452

Registration Court: Amtsgericht Charlottenburg (Berlin) HRB 243987 B
 

Terms and Conditions of www.selectic.tech/
These Terms govern
the use of this Application, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
Selectic GmbH, Landsberger Allee 366
Owner contact email: info@selectic.tech
"This Application" refers to
applications for mobile, tablet and other smart device systems;
the Application Program Interfaces (API);
the Service;
any applications, sample and content files, source code, scripts, instruction sets or software included as
part of the Service, as well as any related documentation;
The following documents are incorporated by reference into these Terms:

What the User should know at a glance

 

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

  • Usage of this Application and the Service is age restricted, as detailed in the relevant section of this document.

  • This Application uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

  • Important: Consumers based in Germany have different rules applying to them as described in the relevant section of these Terms.

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TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this
Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document. By using this Application, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;

  • Users must be older than 16;


ACCOUNT REGISTRATION
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application. By registering, Users agree to be fully responsible for all activities that occur under their username and
password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access
credentials or personal data, have been violated, unduly disclosed or stolen.


Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • Accounts registered by bots or any other automated methods are not permitted.

  • Unless otherwise specified, each User must register only one account.

  • Unless explicitly permitted, a User account may not be shared with other persons.


Account termination
Users can terminate their account and stop using the Service at any time by doing the following: By directly contacting the Owner at the contact details provided in this document.


Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application
Unless where otherwise specified or clearly recognisable, all content available on this Application is owned or
provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly
asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.Any applicable statutory limitation or exception to copyright shall stay unaffected.


Content provided by Users
The Owner allows Users to upload, share or provide their own content to this Application.
By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or thir
d-party rights. Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Application they grant the Owner
a non-exclusive, fully paid-up and royalty-free licence to process such content solely for the operation and
maintenance of this Application as contractually required. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application. Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.

Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to this Application:

  • upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;

  • if a notice of infringement of intellectual property rights is received;

  • if a notice of violation of a third party’s privacy, including their intimate privacy, is received;

  • upon order of a public authority; or

  • where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Access to external resources
Through this Application Users may have access to external resources provided by third parties. Users
acknowledge and accept that the Owner has no control over such resources and is therefore not responsible
for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible
grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of
those, applicable statutory law.

Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no
applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;

  • infringe any third-party rights;

  • considerably impair the Owner’s legitimate interests;

  • offend the Owner or any third party.
     

Software license
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the
software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered. This license does not grant Users any rights to access, usage or disclosure of the original source code. All
techniques, algorithms, and procedures contained in the software and any documentation thereto related is
the Owner’s or its licensors’ sole property. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms
Users may access their data relating to this Application via the Application Program Interface (API). Any use
of the API, including use of the API through a third-party product/service that accesses this Application, is
bound by these Terms and, in addition, by the following specific terms:

  • the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.


TERMS AND CONDITIONS OF SALE

Paid Products
Some of the Products provided on this Application, as part of the Service, are provided on the basis of
payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the
dedicated sections of this Application. To purchase Products, the User must register or log into this Application.

Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and
are subject to change without notice. While Products on this Application are presented with the greatest accuracy technically possible,
representation on this Application through any means (including, as the case may be, graphic material,
images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the
purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

  • Users must choose the desired Product and verify their purchase selection.

  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.


Order submission
When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

  • In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by
the User for such purposes.

Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and
costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed: including all applicable fees, taxes and costs.

Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application. Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data. Other payment methods – if any – are independently provided by third-party services. In such cases this Application collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed. If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase
order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or
damages from the User.

Payment of price in installments
The payment of the purchase price may be settled in two or more instalments, within the deadlines specified on this Application or otherwise communicated by the Owner. Specific Products may be excluded from this payment model. If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.

Authorization for future PayPal payment
If Users authorise the PayPal feature which allows future purchases, this Application will store an identification code linked to the Users’ PayPal account. This will authorise this Application to automatically process payments for future purchases or recurring instalments of past purchases. This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Contractual right of cancellation
The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of this Application within 30 days of concluding the contract.

Delivery
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.

Contract duration
Trial period
Users have the option to test this Application or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of this Application may not be available to Users during the trial period.

Further conditions applicable to the trial period, including its duration, will be specified on this Application. The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.

Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Fixed-term subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process. Once the subscription period expires, the Product shall no longer be accessible.

Automatic renewal of fixed-term subscriptions
Subscriptions are automatically renewed through the payment method that the User chose during purchase. The renewed subscription will last for a period equal to the original term.
Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
If the notice of termination is received by the Owner no later than 30 days before the subscription renews, termination shall take effect as soon as the current period is completed.

Exception for Consumers based in Germany
However, regardless of the above, if the User is based in Germany and qualifies as a Consumer, the following
applies:
At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the User terminates no later than 30 days before the end of such term. The fee due upon extension will be charged on the payment method that the User chose during purchase. After extension, the subscription will last for an indefinite period and may be terminated monthly.
The User shall receive a reminder of the upcoming unlimited extension with reasonable advance, outlining the procedure to be followed in order to prevent the extension or terminate the subscription thereafter.
Termination
Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
If the notice of termination is received by the Owner no later than 30 days before the end of the current month, the subscription shall expire at the end of such month.
Terms and conditions applying to extra features
Users that have an active subscription may purchase single extra add-ons or features, described in the
relevant section of this Application.
Prices, duration, terms of use and termination of such extras may differ from those of the main Product and,
unless otherwise specified, do not influence the prices, duration, terms of use and termination of the latter.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
The right of withdrawal does not apply to contracts that have been entered into with the Owner. It may, however, apply to contracts entered into with Sellers. If applicable, the right to withdraw from contracts entered into with Sellers via this Application is subject to the conditions and specifications made available by each Seller on this Application.

UK User rights
Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can
learn more about the cancellation conditions within this section.

Exercising the right to cancel
To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention
to withdraw from the contract. To this end, Users may use the model withdrawal form available from within
the “definitions” section of this document. Users are, however, free to express their intention to withdraw
from the contract by making an unequivocal statement in any other suitable way. In order to meet the
deadline within which they can exercise such right, Users must send the withdrawal notice before the
cancellation period expires. When does the cancellation period expire?

  • Regarding the purchase of a service, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.


Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right to cancel after having requested that the service be performed before the cancellation period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the
part of service provided until the time the User withdraws, compared with the full coverage of the contract.

Guarantees
Legal guarantee of conformity for services for Consumers in Brazil
The legal guarantee applicable to services sold by this Application complies with the following terms,
according to the Consumer Protection Code:

  • non-durable services shall have a thirty-day (30 day) guarantee; and

  • durable services shall have a ninety-day (90 day) guarantee.

The warranty period starts from the end of the performance of services.
The warranty is not applicable in cases of service misuse, natural events or if it has been subjected to any maintenance other than that provided by this Application. The warranty may be claimed through the contact channels provided by this Application. If applicable, the
Owner shall bear the costs of shipping any goods for technical assessment.
The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty. The regulations applicable to contractual warranties can be found in the specifications provided by this Application. If no such information is provided, only the statutory provisions shall apply.

After-sales assistance
Users who have purchased products on this Application are entitled to the after-sales assistance services
described in the relevant section of this Application.

Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf). This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole
discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

  • any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;

  • any errors, mistakes, or inaccuracies of content;

  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Servie;

  • any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Service;

  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;

  • and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;

  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; User’s violation of any statutory law, rule, or regulation;

  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

  • User’s willful misconduct; or

  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
     

Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or
information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such
as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users
do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can
obtain any previous version from the Owner. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect. The Owner will appropriately inform the User of upcoming changes 7 days before they come into effect.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts
All communications relating to the use of this Application must be sent using the contact information stated
in this document.


Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable
statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Authoritative version of these Terms
These Terms are drawn up and revised in Inglese. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher
applicable consumer protection standards, such higher standards shall prevail.

Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialised in Brazil, Brazilian law will apply.

Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.

UK Consumers
Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 10 days of receiving it.

Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such
platform for resolving disputes stemming from contracts which have been entered into online. The platform
is available at the following link.

Germany: Dispute resolution procedure with Consumer conciliation boards
The Owner does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.

France: Mediation
Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before


Definitions and legal references
This Application (or this Application)

The property that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.

Business User
Any User that does not qualify as a Consumer.

European (or Europe)
Applies where a User, regardless of nationality, is in the EU.

Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

Product
A good or service available for purchase through this Application, such as e.g. physical goods, digital files,
software, booking services etc.
The sale of Products may be part of the Service.

Service
The service provided by this Application as described in these Terms and on this Application.

Terms
All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.


United Kingdom (or UK)
Applies where a User, regardless of nationality, is in the United Kingdom.

User
Any user of the Service, whether a human being or legal entity.

User (or You)
Indicates any natural person or legal entity using this Application.

Consumer
Consumer is any User qualifying as such under applicable law.
Latest update: 31 August 2023

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