Terms and Conditions
Last updated: March 16, 2026
Introduction
These Terms govern
- the use of this Application and
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalised terms are defined in the relevant section of this document.
The User is requested to read this document carefully.
Although the contractual relationship relating to the purchase of such Products is concluded exclusively between the Owner and Users, Users acknowledge and accept that, where this Application has been provided through the Apple App Store, Apple may enforce rights under these Terms as a third-party beneficiary.
This Application is a service of:
Raze S.R.L. – Via IV Novembre 84, 23868 Valmadrera (LC), Italia
Owner’s email address: [email protected]
“This Application” refers to
- this website, including its subdomains and any other website through which the Owner provides the Service;
- applications for mobile devices, tablets or similar;
- the Service;
- any software included as a component of the Service, as well as any application, template files, content files, scripts, source code, instruction sets and related documentation;
At a glance
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who are not Consumers. Such limitations are always explicitly mentioned in each relevant clause. In the absence of any such mention, the clauses apply to all Users.
- The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set out in this section are generally applicable.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using this Application, the User declares that they meet the following requirements:
- There are no restrictions regarding Users with respect to whether they are Consumers or Business Users;
- The User is at least 14 years old. Users under the age of 14 may not use this Application. If the Owner becomes aware that a User under 14 has created an account, the account will be immediately closed and the related data deleted.
- The User is not located in a country subject to a United States government embargo or in a country listed as a state sponsor of terrorism by the United States government;
- The User is not listed on any United States government list of prohibited parties;
Registration
To use the Service, the User may open an account by providing all required data and information in a complete and truthful manner.
It is not possible to use the Service without opening a User account.
It is the Users’ responsibility to keep their login credentials safe and confidential. To this end, Users must choose a password that meets the highest level of security available on this Application.
By creating an account, the User agrees to be fully responsible for all activities carried out with their login credentials. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they believe that their personal information, such as their User account, login credentials or personal data, has been violated, unlawfully disclosed or stolen.
Registration requirements
The registration of a User account on this Application is subject to the conditions specified below. By registering an account, the User confirms that they meet such conditions.
- Creating accounts through bots or other automated means is not permitted.
- Unless otherwise specified, each User may create only one account.
- Unless expressly permitted, a User account may not be shared with other persons.
Account closure
Users may close their account and cease using the Service subject to the conditions and according to the procedures specified in the relevant section of this Application.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User’s account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or deletion of the account does not entitle the User to any compensation, refund or indemnity.
The suspension or deletion of an account for causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless otherwise specified or clearly recognisable, all content available on this Application is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not infringe applicable law or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are kindly asked to address any complaints to the contact details specified in this document.
Rights regarding the content of this Application
The Owner holds and expressly reserves all intellectual property rights in the aforementioned content.
Users are not authorised to use the content in any manner that is not necessary for or implied by the proper use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on this Application, from allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes and provided that the attribution of authorship and the indication of any other relevant circumstance required by the Owner are observed.
Any applicable statutory limitations and exceptions to copyright shall remain unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content on this Application.
By providing content to this Application, the User declares that they are legally authorised to do so and confirms that such content does not violate any law and/or third-party rights.
The additional requirements that content must meet to be considered “acceptable” are specified in the section on acceptable use.
The User acknowledges and accepts that by providing content to this Application, they grant the Owner, irrevocably and free of charge, a non-exclusive, worldwide and perpetual (i.e. for the duration of legal protection) right to use, access, store, reproduce, modify, distribute, publish, transform into derivative works, transmit (including streaming) or otherwise exploit the content in order to provide and promote the Service in any form or media channel. Such right may be transferred or sublicensed to third parties.
To the extent permitted by law, the User waives the exercise of moral rights in relation to content provided to this Application.
Users acknowledge and accept that the content they provide through this Application will be made available under the same conditions applicable to the content of this Application.
The User is solely liable for the content uploaded, published, shared or otherwise provided to this Application.
The User acknowledges and accepts that the Owner may filter or moderate such content after it has been made available.
Therefore, the Owner reserves the right to refuse, remove, delete or block such content at its discretion and to deny the User access to this Application without notice if it considers that the content violates these Terms, applicable laws or third-party rights, or otherwise poses a risk to Users, third parties, the Owner itself or the availability of the Service.
The removal, deletion or blocking of content does not entitle Users who have provided such content to any claim for compensation, refund or indemnity.
Users agree to hold the Owner harmless from and against any claim made and/or damage suffered as a result of content provided by them to or offered through this Application.
Removal of content by this Application available through App Store
If content that is the subject of a complaint is deemed objectionable, it will be removed within 24 hours and the User responsible for uploading it will be denied access to the Service.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights in content, are determined by such third parties and governed by their respective terms and conditions or, in their absence, by applicable law.
In particular, on this Application Users may encounter advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through this Application. By clicking on any such advertisement, the User will interact with the third party responsible for the advertisement.
The Owner is not responsible for anything that may result from such interaction with third parties, from access to third-party websites or from the use of third-party content.
Acceptable use
This Application and the Service may only be used for the purposes for which they are offered, under these Terms and in accordance with applicable law.
It is the User’s sole responsibility to ensure that their use of this Application and/or the Service does not violate any 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 the User access to this Application or the Service, terminating contracts, reporting any misconduct carried out through this Application or the Service to the competent authorities – e.g. the judicial or administrative authorities – whenever the User engages in or is suspected of engaging in any of the following:
- violations of laws, regulations and/or the Terms;
- infringement of third-party rights;
- acts that may considerably impair the Owner’s legitimate interests;
- offences against the Owner or a third party.
“Word of mouth”
This Application allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on this Application.
To take advantage of this opportunity, the User may invite friends to purchase Products on this Application by sending them a special code provided by the Owner. Each code may be redeemed once only.
If one of the invited persons purchases a Product on this Application and decides to redeem an invitation code, the User who invited them will receive the benefit or advantage (such as, for example: a discount, an additional service, an upgrade, etc.) indicated on this Application.
Invitation codes may only be redeemable for certain Products among those offered on this Application.
The Owner reserves the right to cease the offer at any time at its sole discretion.
Although there is no limit to the number of persons who may be invited, the number of benefits or advantages that each User may receive for an equal number of redeemed invitation codes may be subject to a maximum limit.
Software licence
Any intellectual or industrial property rights, as well as any other exclusive rights existing on the software or technology embedded in or related to this Application, are held by the Owner and/or its licensor.
Subject to the User’s compliance with these Terms and notwithstanding any divergent provision contained therein, the Owner grants Users a revocable, non-exclusive, non-transferable and non-sublicensable licence to use the software and/or technology embedded in the Service within the scope and for the purposes of this Application and the Service offered.
This licence does not grant the User any right of access to, use of or disclosure of the original source code. All techniques, algorithms and procedures contained in the software and its related documentation are the exclusive property of the Owner or its licensor.
The granting of rights and licences to the User shall cease immediately upon termination or expiry of the Agreement.
API terms of use
Users may access their data relating to this Application through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Application, is subject to the Terms and in addition to the following specific conditions:
- the User expressly acknowledges and accepts that the Owner is not responsible for any damages or losses resulting from the User’s use of the API or of third-party products or services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this Application as part of the service are subject to payment.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
To purchase Products, the User is required to register or log in to this Application.
Product description
Prices, descriptions and availability of Products are set out in the respective sections of this Application and are subject to change without notice.
Although Products on this Application are presented with the greatest technical accuracy possible, the representation on this Application through any means (including, as the case may be, graphic materials, images, colours, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase process.
Purchase process
Every step, from the choice of product to the submission of the order, forms part of the purchase process.
The purchase process includes the following steps:
- Users are asked to select the desired Product, so that it appears in the purchase selection, specifying, where possible, quantity and specific characteristics.
- Users may review their selection, modify, add or remove items.
- Users will be asked to provide their billing address, contact details and a payment method of their choice.
- Where the purchase involves the delivery of a Product, Users may need to provide a shipping address.
- During the purchase process, Users may, at any time, modify, correct or replace the information provided or cancel the purchase process entirely without any consequence.
- After providing all the required information, Users are asked to carefully review the order and may then proceed to checkout.
To submit the order, Users must accept these Terms and use the respective button or mechanism on this Application, thereby committing to pay the agreed price.
Order submission
The submission of the order entails the following:
- The submission of the order by the User constitutes the conclusion of the contract and creates the obligation for the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- Where the purchased Product requires action by the User, such as the provision of information or personal data, specific requirements or particular requests, the submission of the order also constitutes the User’s obligation to cooperate accordingly.
- Once the order has been submitted, Users will receive a confirmation of receipt of the order.
All notifications relating to the purchase process described above will be sent to the email address provided by the User for that purpose.
Prices
During the purchase process and before the submission of the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
Prices on this Application:
- depending on the section the User is browsing, either include all applicable fees, taxes and costs or are indicated net of applicable fees, taxes and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or recurring promotions or discounts do not create any claim or enforceable right for Users in the future.
Depending on the case, discounts and promotions are valid for a specified period of time or while supplies last. Unless otherwise specified, time limitations on promotions and discounts refer to the time zone of the Owner’s registered office, as indicated in the contact details in this document.
Coupons
Promotions and discounts may be offered in the form of Coupons.
In the event of a breach of the conditions applicable to the Coupons, the Owner may legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Any additional or divergent provisions applicable to the use of Coupons set out on the relevant information page or on the Coupon itself shall prevail in any event, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Coupons:
- Each Coupon is valid only if used in the manner and within the time period specified on the website and/or on the Coupon;
- The Coupon may only be redeemed in full at the time of purchase – partial use is not permitted;
- Unless otherwise specified, single-use Coupons may be redeemed only once per purchase and may therefore be redeemed only once even in the case of instalment purchases;
- Coupons are not cumulative;
- The Coupon must be used before the specified expiry date. After the expiry date, the Coupon will be automatically voided. Any possibility of claiming rights, including a refund for the value of the Coupon, is excluded;
- The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended exclusively for non-commercial use. The reproduction, counterfeiting and commercialisation of the Coupon are strictly prohibited, as is any unlawful activity connected with the purchase and/or use of the Coupon.
Payment methods
Details regarding accepted payment methods are made available during the purchase process.
Some payment methods may be subject to additional conditions or may entail additional costs. Detailed information is provided in the relevant section of this Application.
All payments are processed independently by third-party services. Therefore, this Application does not collect any payment data – such as credit card numbers – but receives a notification once the payment has been completed successfully. For further information on the processing of personal data and related rights, the User may refer to the privacy policy of this Application.
In the event that a payment made by one of the available means fails or is rejected by the payment service provider, the Owner is under no obligation to fulfil the order. In the event that the payment is unsuccessful, the Owner reserves the right to claim from the User reimbursement for any related expenses or damages.
Virtual Currency for exclusive use on this Application
This Application features a Virtual Currency that can only be earned through gameplay. The Virtual Currency cannot be purchased with real money and has no economic or monetary value whatsoever.
The Virtual Currency is used exclusively within this Application to acquire collectible items, such as avatars, liveries and other customisations. It cannot be transferred, sold, exchanged or converted into real currency, digital currency or any other form of value outside of this Application.
In the event of termination of the contract or closure of the account for any cause attributable to the User, any remaining unused Virtual Currency shall expire and shall not be refunded or compensated in any way.
Purchase on app store
This Application or certain Products available for sale on this Application must be purchased through a third-party app store. In order to make such purchases, Users are asked to follow the instructions in the relevant app store (e.g. “Apple App Store” or “Google Play”). Such information may vary depending on the specific device used.
Unless otherwise specified, purchases made through third-party online stores are also subject to such third parties’ terms and conditions. Such terms and conditions shall prevail in the event of any inconsistency or conflict with these Terms.
Accordingly, Users making purchases through such third-party online stores are asked to carefully read and accept the relevant terms and conditions of sale.
Reservation of usage rights
Until the Owner has received full payment of the purchase price, the User does not acquire usage rights in the ordered Products.
Delivery
Provision of services
The purchased service will be performed or made available within the time frames indicated on this Application or as communicated before the submission of the order.
Contract duration
Subscriptions
Through a subscription, the User receives a Product on a continuous or periodic basis. Details regarding the type of subscription and its termination are described below.
Fixed-term subscriptions
Paid fixed-term subscriptions commence on the day the Owner receives payment and remain active for the subscription period chosen by the User or otherwise indicated during the purchase process.
Once the subscription period has expired, the Product will no longer be accessible.
Subscriptions managed through Apple Account
Users may subscribe to a Product using the Apple Account associated with their Apple App Store account through the relevant procedure on this Application. In doing so, Users acknowledge and accept that:
- any payment due will be charged to the Apple account;
- subscriptions renew automatically for the same duration unless the User cancels at least 24 hours before the expiry of the current subscription period;
- all fees or payments due for renewal will be charged within 24 hours before the expiry of the current period;
- subscriptions can be managed or cancelled directly through the User’s Apple App Store account settings.
The foregoing shall prevail over any conflicting or divergent provision of the Terms.
Subscriptions managed via Google Play
Users may subscribe to a Product using the Google Account associated with their Google Play account through the relevant procedure on this Application. In doing so, Users acknowledge and accept that:
- any payment due will be charged to the Google Play account;
- subscriptions renew automatically for the same duration unless the User cancels at least 24 hours before the expiry of the current subscription period;
- all fees or payments due for renewal will be charged within 24 hours before the expiry of the current period;
- subscriptions can be managed or cancelled directly through the Google Play Store by navigating to Menu > Subscriptions.
For information on refunds, please refer to Google Play’s refund policy.
The foregoing shall prevail over any conflicting or divergent provision of the Terms.
Termination
Subscriptions may be terminated by sending a clear and unambiguous notice of cancellation to the Owner, using the contact details provided in this document or – where applicable – by following the instructions on this Application.
Provision of personal data
To access or receive some of the Products provided through this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application.
User rights
Right of withdrawal
Unless an exception applies, the User may be entitled to withdraw from the contract within the period specified below (generally 14 days) for any reason and without justification. The User may find further information on the right of withdrawal in this section.
Who is entitled to the right of withdrawal
Unless one of the exceptions listed below applies, Users who act as European Consumers are entitled by law to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet such requirements are not entitled to the rights described in this section. The Consumer shall be liable to the Seller only for the diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send to the Owner an unambiguous notice of their intention to withdraw from the contract.
For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. The User is, however, free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
- In the case of contracts relating to the provision of a service the withdrawal period expires 14 days after the day the contract is concluded, unless the User has waived the right of withdrawal.
Effects of withdrawal
The Owner shall reimburse all payments received, including, if applicable, those relating to delivery costs, to Users who have correctly exercised the right of withdrawal.
However, any additional costs arising from the User’s choice of a particular delivery method other than the least expensive standard delivery offered by the Owner shall be borne by the User.
The refund shall be made without undue delay and in any event within 14 days of the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
… on contracts relating to a service
If the User exercises the right of withdrawal after having requested that the provision of the service begin before the expiry of the withdrawal period, the User shall be required to pay the Owner an amount proportional to the part of the service provided up to the time the User informed the Owner of their intention to withdraw, relative to the full service provided for by the contract.
The amount shall be calculated on the basis of the contractually agreed price and shall be proportional to the part of the service provided up to the time the User exercises the right of withdrawal, relative to the full service provided for by the contract.
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.
The right to cancel does not apply on this Application
Users acknowledge and accept that the right to cancel does not apply to contracts concluded over this Application due to the nature of its offering.
Brazilian User rights
Right of regret
Unless an applicable exception is stipulated below, Consumer Users in Brazil shall have the legal right of regret in accordance with Brazilian legislation. This means that the Consumer has the right to rescind online contracts (distance contracts or contracts concluded outside a commercial establishment) for any reason and without justification, within 7 (seven) days from the date of conclusion of the contract or receipt of the product or service. Users who do not qualify as Consumers cannot benefit from the rights set out in this section. The right of regret may be exercised by the Consumer through the contact channels indicated at the beginning of this document and in accordance with the guidelines of this section.
The right of regret does not apply to this Application
Users acknowledge and agree that the right of regret does not apply to contracts concluded through this Application, due to the nature of its offering.
Guarantees
Legal guarantee of conformity of Digital Products under European Union law
Under European law, for a minimum period of 2 years from delivery or, in the case of Digital Products supplied continuously for more than 2 years, for the entire period of supply, the seller guarantees the conformity of the Digital Products supplied to Consumers.
Where Users act as European Consumers, the legal guarantee of conformity applies to the Digital Products available on this Application in accordance with the laws of the country in which they habitually reside.
National laws of that country may grant Users broader rights.
Exclusion of conformity claims relating to Digital Products
Where the Owner provides one or more updates to the purchased Digital Product, the User is required to install and/or implement such updates in accordance with the instructions provided by the Owner whenever notified thereof. Failure to install or implement such updates may result in the exclusion of conformity claims relating to the Digital Product.
Legal guarantee of conformity of services for Consumers in Brazil
The legal guarantee applicable to services marketed by this Application complies with the following terms, in accordance with the Consumer Protection Code:
- non-durable services shall have a guarantee of 30 (thirty) days; and
- durable services shall have a guarantee of 90 (ninety) days.
The guarantee period begins upon completion of the provision of services.
The guarantee does not apply in cases of misuse of the service, natural events or if the service has been subjected to any technical assistance other than that provided by this Application.
The guarantee may be invoked through the contact channels provided by this Application.
If necessary, the Owner shall bear the costs of shipping any product for technical evaluation.
The Owner, at its discretion, may also provide a contractual guarantee in addition to the legal guarantee.
The rules applicable to contractual guarantees may be found in the specifications provided by this Application. If such information is not provided, only the legal provisions shall apply.
Limitation of liability and indemnification
Unless otherwise specified or agreed with Users, the Owner’s liability for damages connected with the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User undertakes to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branding partners, partners and employees, to the extent permitted by law, from and against any and all claims or demands – including, without limitation, legal fees and expenses – brought by third parties due to or in connection with any culpable violation of these Terms, of third-party rights or of applicable law in connection with the use of the Service, attributable to the User, its affiliates, officers, agents, co-branding partners, partners and employees.
The foregoing also applies to any claims brought by third parties (including, but not limited to, the Owner’s customers) against the Owner in relation to Digital Products provided by the User, such as, for example, conformity claims.
Limitation of liability for User activities on this Application
Unless otherwise specified and without prejudice to applicable legal provisions, any claim for damages against the Owner (or any natural or legal person acting on its behalf) shall be excluded.
The foregoing does not limit the Owner’s liability for death, personal injury or harm to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as the obligations strictly necessary to achieve the purpose of the contract, and/or damages caused intentionally or through gross negligence, provided that the User’s use of this Application was adequate and correct.
Unless damages were caused intentionally or through gross negligence, or they affect life and/or personal, physical or mental integrity, the Owner shall only be liable within the limits of typical damage for the type of contract and foreseeable at the time of conclusion.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, indemnity, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms, is limited, at the Owner’s discretion, to the re-supply of the services or the payment of the cost of having them re-supplied.
US Users
Disclaimer of warranties
The Owner provides this Application “as is” and on an “as available” basis. Use of the Service is at the User’s sole risk. To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations and warranties – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties 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 prejudice to the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branding partners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; 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 the User’s own risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or from the User’s 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 nor any hyperlinked website or service. Furthermore, the Owner does not take part in 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 the User’s browser, device and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the content, operation or use of the Service.
Federal law, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have additional rights which vary from state to state. The limitations and exclusions under this Agreement apply to the fullest extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branding partners, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or the 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 the 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 the User’s access to or use of the Service;
- any unauthorised access to the Owner’s secure servers and/or any personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojans 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, agents, co-branding partners, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the amount paid by the User to the Owner during the preceding 12-month period, or the period of duration of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of 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. These Terms give the User specific legal rights and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under these Terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branding partners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt and expenses, including, without limitation, legal fees and expenses arising from
- the User’s use of and access to the Service, including any data or content transmitted or received by the User;
- the User’s violation of these Terms, including, but not limited to, the User’s breach of any of the representations and warranties set forth in these Terms;
- the User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- the User’s violation of any applicable law, rule or regulation;
- any content submitted from the User’s account, including, but not limited to, misleading, false or inaccurate information, including where third parties access the account using the User’s personal username and password or other security measures, if any;
- the User’s wilful misconduct; or
- any breach of any statutory provision by the User or its affiliates, officers, agents, co-branding partners, partners, suppliers and employees, to the extent permitted by applicable law.
Common provisions
No implied waiver
The Owner’s failure to exercise any legal right or claim arising under these Terms does not constitute a waiver thereof. No waiver shall be considered final in relation to a specific right or to any other right.
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, giving adequate notice to Users.
Within the limits of law, the Owner reserves the right to suspend or terminate the Service entirely. In the event of termination of the Service, the Owner will endeavour to enable Users to extract their personal data and information and will respect Users’ rights relating to the continued use of the product and/or compensation, in accordance with applicable law.
In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure events (e.g. infrastructure failures, blackouts, etc.).
Service resale
Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the Owner’s prior written consent, expressed directly or through a legitimate resale programme.
Privacy policy
Information on the processing of personal data is contained in the privacy policy of this Application.
Intellectual property
Without prejudice to any more specific provision of the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Application, are held exclusively by the Owner or its licensors and are protected under applicable law and international treaties on intellectual property.
All trademarks – whether word marks or figurative marks – and all other distinctive signs, trade names, service 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 protected under applicable law and international treaties on intellectual property.
Changes to the Terms
The Owner reserves the right to amend the Terms at any time. In such case, the Owner will give appropriate notice of the amendments to Users.
The amendments will take effect in the relationship with the User only from the time communicated to the User.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the amendments, they must cease using the Service and may withdraw from the Agreement.
The previous version shall continue to govern the relationship until the User accepts the amendments. Such version may be requested from the Owner.
If required by law, the Owner will communicate to Users in advance the date on which the amended Terms will take effect.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract any or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions regarding changes to these Terms shall apply.
The User is not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Governing language
These Terms are available in multiple languages. In the event of any discrepancy or conflict between different language versions, the Italian language version shall prevail over any other translation.
Contacts
All communications relating to the use of this Application must be sent to the contact details indicated in this document.
Severability clause
Should any provision of these Terms be or become null or unenforceable under applicable law, the nullity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall therefore remain valid and enforceable.
US Users
Any invalid or unenforceable provision shall be interpreted and adapted to the extent necessary to render it valid, enforceable and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.
European Users
Should any provision of these Terms be or become null, invalid or unenforceable, the parties shall endeavour to amicably identify a valid and enforceable provision to replace the null, invalid or unenforceable provision.
In the event of failure to reach such agreement, if permitted or provided for by applicable law, the null, invalid or unenforceable provision shall be replaced by the applicable legal provision.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not render the entire Agreement null, unless the null, invalid or unenforceable provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract had they known that the provision would be invalid, or in cases where the remaining provisions would result in an excessive and unacceptable burden for either party.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of laws rules.
Prevalence of national law
However, regardless of the foregoing, if the law of the country in which the User is located provides a higher level of consumer protection, such higher level of protection shall prevail.
Exception for Consumers in Switzerland
If the User acts as a Consumer in Switzerland, Swiss law shall apply.
Exception for Consumers in Brazil
If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law shall apply.
Competent jurisdiction
Exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The foregoing does not apply to Users who act as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The foregoing does not apply to Users in Brazil who qualify as Consumers.
Accessibility
The Owner is committed to making content accessible to Users with disabilities. If Users have a disability and are unable to access any part of this Application as a result, they are asked to report it, including a detailed description of the problem encountered. If the problem is easily identifiable and resolvable using standard industry computer tools and techniques, the Owner will endeavour to resolve it promptly.
Dispute resolution
Amicable dispute resolution
Users may report any disputes to the Owner, who will endeavour to resolve them amicably.
While Users’ right to take legal action remains unaffected, in the event of any dispute concerning the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details indicated in this document.
The User may submit a complaint to the Owner through the dedicated section of this Application, following the relevant instructions.
The Owner will process the request without undue delay and within 7 days of its receipt.
Online dispute resolution platform for Consumers
The European Commission has established an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Accordingly, any European Consumer or Consumer based in Norway, Iceland or Liechtenstein may use such platform to resolve disputes arising from contracts concluded online. The platform is available here.
Please note that as of 20 March 2025 it is no longer possible to submit new complaints on the platform, but it may be used until 19 July 2025 for complaints submitted by 20 March 2025. The platform will be discontinued from 20 July 2025 following the adoption of EU Regulation 2024/3228.