Terms and Conditions
These general conditions ("General Conditions" or "Contract") govern the terms and conditions of use under which the Supplier "Startupper Italia s.r.l." (tax code 10146110969, VAT number 10146110969, with registered office in Via Almerico Da Schio, 8 - 20146 Milan) will provide Users with the right to use their own application called Face Love.
1. METHOD OF STIPULATION AND COMPLETION OF THE CONTRACT
The user will upload to the Face Love application a photo of their own face and, possibly, a photo of the face of another person. The application will calculate the couple affinity based on the similarity of the faces entered and the faces stored on the supplier's database. The user can also upload only a photo of his face and the application will show images of similar faces based on predefined algorithms. The user can agree that the application can store and view their images to others anonymously. Face Love's response is not based on any scientifically valid basis. The use of the application is for playful purposes only.
3. USE OF THE APPLICATION
3.1 The User may use Face Love only in the ways expressly indicated in this Agreement and in accordance with the law. In doing so, the User must comply with any technical limitations of the Application and Connected Services and the methods of use provided.
3.2 The User acknowledges that to use Face Love he must equip himself with electrical, electronic or any other kind of equipment, software, telephone and / or network services and anything else necessary and that, therefore, Face Love does not include the supply by the Supplier of tools necessary for access to the internet. The User also undertakes to keep the Supplier harmless from any claim that may be advanced against the latter for any reason or in any way related to the unsuitability of the hardware and / or network and / or software systems designed to allow the correct use of Face Love. The User acknowledges that the internet network is not controlled by the Provider and that, due to the peculiar structure of the aforementioned network, no public or private entity and not even the Provider is able to guarantee and monitor the performance and functionality of the branches of the network and to control the contents of the information that is transmitted through its network. For this reason, no responsibility can be attributed to the Supplier for the transmission or reception of illegal information of any nature and kind.
4. MALFUNCTIONS OR FAULTS
4.1 In the event of a failure or malfunction being reported, the User may report to the Supplier any information that he deems useful.
5. EXECUTION OF FACE LOVE
5.1 The User acknowledges and accepts that Face Love is provided "as is" and is characterized by constantly evolving technology; for these reasons, the technical characteristics of Face Love and the conditions of the offer may be changed when this is made necessary by technological evolution and by supply and / or organization needs.
5.2 The User hereby provides his authorization so that the Application and the Related Services can be provided in whole or in part by a Cloud Service Provider or by another person identified by the Supplier.
6. LIMITS TO THE USE OF FACE LOVE
6.1 With the activation of Face Love, the User is held solely and exclusively responsible for the use of Face Love. The User acknowledges that he is solely responsible for the contents entered, present, transited and / or stored on the servers that host Face Love and undertakes to use Face Love exclusively for lawful purposes and permitted by the provisions of the law applicable from time to time. , by the rules of diligence, morality and public order and in any case, without infringing any third party rights.
6.2 The Supplier, if the User's choices involve the storage of files, is required to verify the images stored in the virtual infrastructure anonymously. These images will be provided to the competent judicial authorities if this is necessary to comply with legal provisions.
6.3 The User undertakes to indemnify and hold harmless the Supplier from any cost, expense or damage that may be caused to it as a result of actions by third parties, including public authorities, resulting from breach of the commitments referred to in this article.
7. CASES OF SUSPENSION AND / OR INTERRUPTION
7.1 The Supplier, also through the Cloud Service Provider, will make every reasonable effort to ensure maximum availability of the Face Love service. The User acknowledges and accepts that the Supplier may suspend and / or interrupt Face Love to guarantee the ordinary or extraordinary maintenance interventions that are appropriate and / or necessary both to the premises hosting the infrastructure and to the servers and / or equipment contained therein.
In such cases, the Supplier undertakes to restore, or to arrange for the Cloud Services Provider to restore, Face Love or the virtual infrastructure, as the case may be, in the shortest possible time in order to reduce the inconvenience created for the User.
7.2 The Supplier also has the right to suspend and / or interrupt the supply of the Application and Related Services:
• in the event of improper use or violations of this Agreement;
• in the event of breakdowns and / or malfunctions to the network and to the supply equipment of Face Love due to unforeseeable circumstances or force majeure or which involve danger for the network, for people and / or for things, as well as in the case of changes and / or non-programmable and / or predictable and technically indispensable maintenance;
• if there are justified reasons of security and / or guarantee of confidentiality;
• in the event of incorrect or non-compliant use of Face Love by the User or any failure by the User to comply with legal obligations regarding the use of IT services and the Internet;
• in case of Face Love problems that cannot be remedied without suspending or interrupting Face Love;
7.3 In any case, the User may notify the Supplier within 24 (twenty-four) solar hours of any irregularities or dysfunctions of Face Love which undertakes to verify and resolve any reported problem.
8. SERVICE LEVEL AGREEMENT ("SLA")
8.1 The Supplier and the User mutually acknowledge that the Access to the Web Application and the use of the Connected Services will be provided with a standard level of availability (Service Level Agreement, SLA).
9. WARRANTIES AND LIABILITIES
9.1 In any case of violation or non-fulfillment attributable to the Supplier, the same will respond within the limits set out in the previous chapters, being expressly excluded, now by then, any other compensation or compensation to the User for direct or indirect damages of any nature and kind. The User acknowledges and accepts, now by then, that in all cases where the previous chapters do not apply, "Startupper Italia s.r.l." will respond exclusively within the limits of the amount spent by the User in the last 12 months.
9.2 The User acknowledges and accepts that the Supplier does not issue express or implicit representations and warranties that Face Love is suitable to meet the User's needs or that it is free from errors. The User acknowledges that the Provider, under no circumstances, can be held responsible for any damage that may arise to the User or to third parties as a result of delays, non-performance or malfunctions and / or interruptions in the provision of Face Love. In any case, within the maximum limits permitted by law, the liability of the Supplier will never exceed the amount of the sum spent in the last 12 months by the User.
9.3 The User also acknowledges that the Provider in no case can be held responsible for any damage that may arise from the User himself or from third parties as a result of the use of Face Love as well as of the processing generated by the Application or through the Connected Services .
9.4 Without prejudice to the generality of the provisions of this article 3, the User accepts and acknowledges that in no case can the Supplier be held responsible in the event of breakdowns and / or malfunctions to the network nor, in any case, can it be considered responsible for compensation for loss of profit.
10. INTELLECTUAL PROPERTY
10.1 The User is required to use Face Love in compliance with the intellectual and / or industrial property rights of the Supplier and / or third parties. The User accepts and acknowledges that the ownership of the Application, including the source codes and any adaptations, developments and improvements made by the Supplier, of the related documentation, as well as all rights of economic use on them, remain with the Supplier. Any material that is the subject of intellectual and / or industrial property rights in favor of third parties and that is made available to the User through Face Love will be used by the User in compliance with these rights. The User assumes all responsibility in this regard, and undertakes to indemnify and hold harmless, now by then, the Supplier from any harmful consequences.
10.2 In the event that the User violates the industrial or intellectual property rights of the Supplier and / or third parties, the Supplier reserves the right to terminate the Contract pursuant to Article 1456 of the Civil Code.
10.3 The User is prohibited from using images of which he does not have full ownership or the full right of use. The fact remains that all the contents entered by the User, in the case of the User's explicit consent to the storage of images on the Provider's servers, become the property of "Startupper Italia srl", without prejudice to the rights to any data entered during the phase registration and use of the application.
10.4 The ownership of all rights on trademarks, logos, names, and other distinctive signs in any case associated with Face Love belongs to the Supplier and / or the Cloud Service Provider, with the consequence that the User cannot in any way use them without prior notice. written authorization from the Supplier and / or the Cloud Service Provider.
11. REGISTER LOG
11.1 With reference to the provision of the Application and the Connected Services, the User expressly acknowledges and accepts the existence of a Register of activities on the servers, in any case with anonymous information, compiled and stored by the Supplier or by the Cloud Service Provider, in terms and in the manner established by law. It has the character of absolute confidentiality and may be exhibited and / or provided exclusively at the request of the subjects expressly indicated by the law. The Supplier adopts all the technical and organizational measures necessary to guarantee the confidentiality of the connection logs.
12.1 The duration of the Contract is agreed from the date of activation of Face Love for an indefinite period
14. UNILATERAL AMENDMENTS AND SINGLE CONTRACT
14.1 The User acknowledges and accepts that the Application and Connected Services are characterized by constantly evolving technology, for these reasons "Startupper Italia s.r.l." reserves the right to modify for the better the technical and economic characteristics of the Application and the Connected Services, of the instruments related to them and to change the conditions of the Contract at any time, even after its signing, without this giving rise to obligations to of any kind to the User.
14.2 The User must check the changes in the conditions and terms of service listed and updated in this document.
14.3 Startupper Italia s.r.l. the technical characteristics, systems and resources may vary as a result of the normal technological evolution of the hardware and software components, guaranteeing the User the same basic functions.
15. USER DECLARATIONS
15.1 The User declares to have all the rights and powers necessary to conclude and fully and effectively execute this Agreement
16. CONFIDENTIALITY OF INFORMATION
16.1 The User undertakes not to disclose or make available to third parties in any way the confidential information known or managed in relation to the execution and / or application of this Agreement in the absence of specific written consent from the Supplier.
17. APPLICABLE LAW AND EXCLUSIVELY COMPETENT COURT
17.1 This Agreement is subject to Italian law.
17.2 If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of Milan.
18. ONLINE DISPUTE RESOLUTION FOR CONSUMERS
18.1 The consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services entered into online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Data Controller is available to answer any question sent by email to the email address published in this document.
19. FINAL PROVISIONS
19.1 This Agreement cancels and replaces any other previous agreement that may have occurred between the Supplier and the User attributable for any reason to the same user (with the same email) and concerning the Service and constitutes the final and integral manifestation of the agreements concluded between the Parties on this subject.
19.2 In no case will any breaches and / or User behavior differing from the Contract be considered as exceptions to the same or tacit acceptance of the same, even if not contested by the Supplier. Any inactivity of the Supplier in exercising or enforcing any right or clause of the Contract does not constitute a waiver of such rights or clauses.