This Agreement governs the Terms and Conditions for use of "Ciao Express Yourself" (henceforth the Service or Ciao Express Yourself) offered by A-Digital Mind s.r.l. Tax Identification and VAT number is 01607360508 (henceforth A-Digital Mind), based in Corso Buenos Aires, 77 - 20124 Milan. The conditions above are prepared in accordance with the provisions of Legislative Decree 6 Sept. 2005, No 206 ("Consumer Code") and, in particular, in Section II of the Consumer Code on distance contracts. In order to use the Service, the User must first agree to the "Terms and Conditions for the Use of Service" (henceforth Terms). It will not be possible to use the Service the Terms are not agreed to. The User can accept the Terms by simply using the Service and further acknowledge and agree that A-Digital Mind will consider their use of the Service as acceptance of the Terms from that point onwards. The User may not use the Service and cannot accept the Terms, if:
1. They are under the age of eighteen, or
2. A person who is banned or in any other way legally prohibited from receiving or using the Service under the laws of the country in which they are resident and from which the Services are accessed or used.
A-Digital Mind reserves the right to update and modify these "General Terms and Conditions for the Use of Service" at any time, and all documents to which they refer, in the event that such changes are necessary due to a regulatory, legislative variation, which reflects in any way on the proper provision of the Service. The changes will be made in the event they are necessary to introduce security measures to the Service. Finally, changes to these "Terms and Conditions for the Use of Service" will be made known to users if the Service is affected by substantial changes to the way in which it is currently made available to the public. It is understood that the changes made in the course of the contract, will be published on the website and communicated to Users, subject to the right of withdrawal, which the User may exercise.
Subject to these Terms and Conditions, the application is licensed, limited, personal, nonexclusive, nontransferable for the use of the service, for the download and the installation of Ciao Express Yourself, and the access and use of the service on one or more devices for personal and noncommercial purposes only.
It is not possible to sell, rent, loan, distribute, export, import, act as an intermediary or provider, or confirm any other rights to third parties with respect to Ciao Express Yourself or any part of this.
Moreover, by accepting these terms and conditions, it is not possible to commission, cause, permit or authorize the creation of derivative works, translation, reverse engineering, decompiling, hacking or disassembling of Ciao Express Yourself or any part of this, unless having a mandate of express permission from A-Digital Mind issued in compliance with applicable laws.
2. Description of Service
CIAO EXPRESS YOURSELF is an application that offers the ability to send messages via apps. The User can get access to the services of CIAO EXPRESS YOURSELF by installing the application that is available at the App Store. The User agrees to accept these Terms and Conditions in all its parts and the processing and release of data on privacy as required by Legislative Decree No.196/2003. The User can obtain the CIAO EXPRESS YOURSELF service by going directly to the application.
The User shall be liable for any actions or conduct inconsistent with applicable laws or these Terms committed by all those who use the application on their behalf. The User agrees to promptly report any theft or loss to A-Digital Mind, as well as any misuse by third parties which has come to be known. It is expressly forbidden for the User to send through CIAO EXPRESS YOURSELF, any information that infringes the rights of others, which is contrary to law, public order and morality, that is threatening, abusive and/or defamatory, that violates the rights inherent in public and private life, which is vulgar, obscene, profane or otherwise inappropriate, inciting to criminal actions, actions that are the cause of civil liability, actions that are otherwise illegal. A-Digital Mind reserves the right to check the content of messages, to ensure that it complies with the provisions of the general conditions and applicable laws, and to cancel the dispatch - at the sole discretion of A-Digital Mind - if it does not appear to comply with the same, without the necessity of prior notice. A-Digital Mind reserves the right, at its sole discretion, to terminate access to one or more applications available to the user if it considers improper use by the User. The User may, by communicating to A-Digital Mind their willingness and the necessary data for identification of their account, request the termination of this Agreement, giving up completely the CIAO EXPRESS YOURSELF services. A-Digital Mind reserves the right to modify, extend, limit or replace, CIAO EXPRESS YOURSELF features for technical reasons and/or due to its commercial policies, when and if it is deemed necessary. These changes will be posted on the Site.
3. Cost of Service
To use CIAO EXPRESS YOURSELF the User don't have to pay anything. The service is totaly free.
A-Digital Mind reserves the right to alter without notice the value in Euros the application or to unblock features by in-app or other method of payment.
4. Protection of minors
A-Digital Mind takes User security and privacy very seriously and, in particular, that of children. For this reason, the service is reserved for adult users.
Information on the Protection of Personal Information in accordance with Art 13 of Legislative Decree no. 196/2003.
1. The registration information provided by users is collected and used by A-Digital Mind, including tools and procedures, for the following purposes: (i) aims directly connected to the provision, management of the service, and in order to fulfill the payment of fiscal and tributary obligations, in accordance with these "Terms and Conditions for the Use of Service" (ii) statistical surveys, and, with the consent of the User: (iii) an automatic monitoring of their usage profile through the use of trackings and other technologies in order to: improve the quality of the Service based on the needs expressed by users in general, (iv) identify additional custom features and commercial information closely tailored to reflect the personal tastes and preferences of each User.
2. Separate and further consent to the processing of data for the purposes referred to in point 1, sub-paragraph (iii) and (iv) are optional and any refusal of consent does not bring about consequences. In the absence of this, A-Digital Mind will not be authorized to pursue said purposes.
3. The data Controller is A-Digital Mind s.r.l., located in Corso Buenos Aires 77 - 20124 Milan. The full list of data Processors and third party owners of autonomous processing to those offered by A-Digital Mind can be easily requested directly from A-Digital Mind.
4. Article 7 of the Code concerning the protection of personal information gives the User the possibility of exercising certain rights, including that of obtaining, from the data Controller, confirmation of the existence or otherwise of their personal data and its availability in an intelligible form; to know the origin of the data, and the logic and purposes for which it is processed, to obtain the cancellation, the transformation into anonymous form or the blocking of data processed in violation of the law, and the updating, rectification or, if required, integration of the data; to oppose the processing, for legitimate reasons, or oppose, at any time, processing aimed at marketing and commercial information [the text of Art. 7 quotes ... to the processing of data concerning the purpose of sending advertising materials or direct selling or for carrying out market research]. To enforce these rights, you may apply directly to A-Digital Mind at its head office or by sending an email to email@example.com.
6. Disclaimer of Warranty
Nothing provided in these General Conditions shall affect any rights provided by law to which the User has as a consumer and that cannot be contractually modified or renounced. In particular, A-Digital Mind does not declare or guarantee that:
1. Their use of the Service meets their needs;
2. Their use of the Service will be uninterrupted, timely, secure or error free;
3. Any information obtained by the User as a result of their use of the Service is accurate or reliable;
4. Defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
A-Digital Mind is committed to taking due care to make sure CIAO EXPRESS YOURSELF is operational and efficient, reserving the right to edit and/or suspend and/or to partially or fully cease CIAO EXPRESS YOURSELF, and to vary content, schedules, availability and technical means necessary to access and use the same CIAO EXPRESS YOURSELF, and all other aspects inherent to it, in relation to technical reasons that do not fall under the direct control of A-Digital Mind.
A-Digital Mind can not in any way be held liable for any damage suffered by the User due to the inability to use CIAO EXPRESS YOURSELF because of defects or the lack of technical requirements for the use of services, hardware and/or software of the User, or failures due to Internet access providers, or any other impediment due to causes not directly attributable to A-Digital Mind and its responsibilities.
A-Digital Mind can not in any way be held liable for any damage suffered by the User as a result of incorrect or unauthorized use of CIAO EXPRESS YOURSELF and of its services and/or content. The User agrees to review the information provided in the pages of the Site that offer the specific services, accepting the conditions and restrictions on its use herein reported.
7. Limitations of Liability
Nothing in these Terms excludes or limits liability of A-Digital Mind for losses that cannot be legitimately excluded or limited under applicable law, pursuant to and in relation to the effects of Art. 1229 of the Civil Code.
The User understands and acknowledges A-Digital Mind is excluded from any liability with respect to any damage or injury suffered by the User and relating to the provision of CIAO EXPRESS YOURSELF services. In no event shall the total amount that A-Digital Mind is obliged to pay in the User’s favor by way of compensation may exceed the amount paid by the User to A-Digital Mind for the provision of services.
The User specifically acknowledges that A-Digital Mind cannot be held responsible for any defamatory, offensive and illegal conduct of other Users or third parties, and that the risk of damage falls entirely under the personal responsibility of the User. The application may contain hyperlinks to other Internet sites or Web pages. A-Digital Mind cannot be held responsible for the content of external sites, for the functioning of access to such sites, or the relationship between the User and the owners of these sites. The User acknowledges and agrees that the CIAO EXPRESS YOURSELF technology platform is connected to different Service Centers of Mobile Telecommunications Operators, and notes that A-Digital Mind is unable to exercise any control, even indirectly, on the operation and functioning of such systems. "Mobile Telecommunications Operators" is meant as any legal entity authorized to provide public mobile telecommunications in GSM and UMTS technology that can send and receive SMS or MMS to their End Customers. The User therefore acknowledges and agrees that A-Digital Mind cannot in any way be held liable for any malfunction of the Service caused by interruptions of service by Mobile Telecommunications Operators, or their Service Centre. "Service Centre" is meant as any hardware and software structure of a Mobile Telecommunications operator to manage the sending of SMS and MMS messages on their network to End Customers. The User acknowledges that due to the mobile terminal and the contract between the End Customer and the Mobile Telecommunications Operator, the transmission of messages may be unsuccessful. A-Digital Mind cannot in any way be held responsible for the fact that the mobile terminal of the End Customer is turned off or is located in an area not covered by their Mobile Telecommunications Operator.
The User acknowledges that due to the collocation on the Internet of the Service and the contract between A-Digital Mind and Mobile Telecommunications Operators, the transmission of messages on the networks of Mobile Telecommunications Operators may not be successful because of the unavailability and/or the temporary degradation of the quality of their services. A-Digital Mind can not in any way be held responsible for delays in delivery of Informational Messages or inefficiencies of the Service brought about by limitations originating from the Mobile Telecommunications Operator.
8. Cancellation Clause
In the event of a violation by the User of any of the conditions of this agreement, A-Digital Mind reserves the right, without prior notice, to discontinue the provision of CIAO EXPRESS YOURSELF services in favor of the said User. In this case, A-Tono will be obliged to repay only the amounts paid by the User, not yet utilized or expired, under paragraph 2 of these conditions, subject to the right of A-Digital Mind to compensation for all damages.
9. Changes to the Present Agreement
A-Digital Mind reserves the right to change or modify the conditions of this agreement. Any such changes, modifications, deletions and additions will be considered effective immediately after the communication of the same. This communication can be through a note on the Application, or by electronic or conventional mail. From that moment any access and use by the User of CIAO EXPRESS YOURSELF, shall be construed as complete acceptance on their part, of any such changes, modifications and additions.
10. Governing Law and Jurisdiction
These General Conditions apply to the legal Agreement between the User and A-Digital Mind and thus exclusively govern their use of the Services and completely replace any prior agreements between any Member and A-Digital Mind in relation to the Service.
The User agrees that if A-Digital Mind does not exercise or implement any of its rights or remedies provided by the Legal Terms (or which A-Digital Mind benefits from under any applicable law), this will not be considered as a formal waiver of A-Digital Mind’s rights and that those rights or remedies are still available to A-Digital Mind.
If any Court of Law, having jurisdiction to decide on this matter, determines that any of these Terms are invalid, then that provision shall be severed from the Terms without invalidating the remaining terms. The remaining provisions of the Terms will continue to be valid and enforceable.
This agreement is governed by the laws of the Italian Republic. Any dispute arising under or concerning this Agreement or its execution will be entrusted to the exclusive jurisdiction of the Court of Milan.