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GENERAL CONDITIONS OF LICENSE TO USE THE APPLICATION CALLED "AAAD"

Please read carefully this End User License Agreement before "clicking" the "assets" button and proceeding to download or use the "AAAD" Application.

DEFINITIONS

For the purposes of this License Agreement, items are defined as below:

  • USER: the individual who accesses or uses the App. "AAAD" or the Company or other legal entity for which such individual accesses or uses the App...
  • COMPANY : GRSHMYKELSA S.R.L. headquartered in Lecce (ITALY) at via Simone Martini, 1. P. IVA: 05166050756.
  • APP : the software provided by GRSHMYKELSA S.R.L. called "AAAD" and downloaded by the End User on a Device.
  • AGREEMENT: License agreement between the Company and the User which defines and constitutes the entire terms and conditions for using the App.
  • CONTENT: refers to content such as: text, images or other information that may be posted, uploaded, linked, or otherwise made available, regardless of form.
  • DEVICE : any Android device that can access the App. "AAAD" as a digital smartphone, tablet or any hardware configuration that can natively run the app.
  • THIRD PARTY SERVICES: any service or content provided by third parties that may be viewed, included, or made available by the App. "AAAD."

ART. 1 - DEFINITIONS

The definitions form an integral and substantial part of this Agreement.

ART. 2 - OBJECT OF THE CONTRACT

This User License Agreement for the App. for Mobile Devices called "AAAD" is a legal agreement between the Company GRSHMYKELSA S.R.L. headquartered in Lecce (Italy) at via Simone Martini, 1 C.F. and P. Iva 05166050756 and the End User. This Agreement refers to the App, as a software application, its technical support, as well as all its data, files and info and/or any Content provided by the App.

The License is attributed to the User as free of charge for the version called "FREE"and under a one time fee for the version called "PRO" and giving him/her the right to access all the available Contents at the time of activation of the App. and the ones that the Company will make available in the future.

The App. is distributed in two versions, a free "FREE" and a paid "PRO" (for a cost of EUR 3.50).

ART. 3 - ACCEPTANCE OF THE CONDITIONS AND TERMS OF USE By downloading, installing, and using the App and its contents on the Device, the User expresses his/her wills and confirms that he/she has read and understood the conditions of use of the App, accepting since now to use the App. "AAAD". If the Customer cannot, or does not want to accept any term or condition of the Contract, he/she must not download, open, and in any case, install or use the App. On the Device.

The App. is granted for use completely free of charge in the "FREE" version or by paying the one-off amount of €3.50 in the "PRO" version, in compliance with the contractual terms imposed by both the Company and the distribution platform too. To use the service, the User must accept the following conditions under which it declares, guarantees, and agrees, that:

  1. The user must havethe full power and legal capacity to conclude this agreement. 2.The user will not use the App. in violation of the rights of the Company or any third parties, including the terms and conditions,
  2. The user will get at its own expense the Devices and Internet access, supporting any costs that will be charged by the telephone provider and necessary to use the service offered.
  3. The user must have an active Internet connection on its Mobile Device for using the App.
  4. The User is the legitimate owner or user of the Device.

ART. 4 - GRANT OF LICENSE OF USE The Company grants the User a revocable and non-exclusive (without the right to sublicense to third parties) license. The license is limited to the installation, download and fair use of the App. strictly by in accordance with the terms of this agreement.

The license is granted by the Company to the User solely for its personal and non-commercial purposes, strictly in accordance with the terms of this Agreement. This license will give the following attribution:

  • right of the User to download and install a copy of the App. on one (1) Device owned by him/her, using it within the limits of the functionalities that are directly made available by the App.

  • The User may change the source code, but only for personal use. The User may NOT:

  • Modify, alter, adapt, or otherwise modify the software or any part of it for purposes different than personal use.

  • Reproduce, copy, distribute, resell, or otherwise use the software for any commercial purpose.

  • Allow third parties to use the software on behalf of or for the benefit of third parties.

  • Use the software in any manner that may violate any applicable local, national, or international law.

  • Use the software for any purpose that the Company considers a breach of this Agreement.

The App. "AAAD" is optimized for Devices supported by the Android operating system.

User is allowed to install and use the App on its devices only acting in accordance with the provisions of this Agreement and in compliance with applicable legal provisions.

ART. 5 -THIRD-PARTY SERVICES

The User acknowledges and agree that the Company will not be responsible for third party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other person or entity for third party services. When using the App., the applicable third-party terms of conditions must be followed.

ART. 6 - INTELLECTUAL PROPERTY RIGHTS

The Company reserves the exclusive ownership of all intellectual and industrial property rights, as well as any other rights not expressly supported under this agreement relating to the App. and the service provided. The software is and remains the exclusive property of the Company. The User acknowledges that the App. and the Contents are solely property of the Company.

This agreement does not transfer any intellectual or industrial property rights on the contents conveyed with the App, including any trademarks, distinctive signs or other works or content subject to privative, which therefore remain the exclusive property of the Company and/or their respective right holders.

ART. 7 - UPDATES TO THE APPLICATION AND CHANGES TO THIS AGREEMENT

The Company reserves the right, at its sole discretion, to change, suspend or end the App. at any time and without notice. The Company reserves the right to be able, at its sole discretion, unilaterally and at any time to modify or replace this Agreement. Any edit to the app will be made public supplying an updated version of the App. By installing the most recent version, the User accepts the changes made by the Company. If the User does not intend to adhere to the changes introduced by the latter, as the sole remedy, the User may at any time and without any cost, justification, or notice, cease to use the application, removing the same from the Devices on which the App. was installed.

ART. 8 - DISCLAIMER OF WARRANTY

The User, in express derogation from the provisions of art. 1497 c.c., accepts that the App. subject of this license is granted in the "as is" version and that therefore the Company does not assume and does not recognize any guarantee for original or supervening defects and does not make any promise of quality and / or good functioning of the App. itself. In addition, the Company does not guarantee that any error or malfunction of the software can be eliminated. In no event the Company will be liable for direct or indirect damages caused to the User or to third parties from the use or non-use of the App.

The Company does not guarantee that the App. or the service supplied will always run without errors or without interruptions. Except as expressly and specifically provided in this Agreement, and to the maximum extent allowed by law, the Company does not provide any guarantee with respect to the App. or the service provided, including, but not only limited to, quality warranties, warranties of fitness for a particular purpose, or any other implied warranties arising from commercial practice or usage. The Company, always to the maximum extent allowed by law, will not make any guarantee about the compatibility of the App. with platforms and about the effects that may occur on the functionality of software, services, or third-party products, due to the installation and / or adoption of the application and the service provided.

ART. 9 - COMPANY RESPONSIBILITY

The Company expressly warns the User not to rely on the possibility that the App. always works correctly or that it reaches high performances, since it is a software that has been recently released overall and that needs further refinement and functional evolution.

ART. 10 - INDEMNITY AND LIMITATION OF LIABILITY

The User accepts to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of:

  • use of the App.
  • breach of this Agreement or any provision of law or regulation.
  • violation of any rights of third parties.

In any case of force majeure, unforeseeable circumstances, events provoked by third parties or by the same User (as example, but not limited to: hackers, worms, trojans, malware) the Company will, in no case, be liable for special, incidental, indirect or consequential damages of any kind.

The User expressly agrees to the preceding limitation of liability as an essential condition for the performance covered by this Contract and for the effects, waiver, without any reservation, to any consequent action for compensation / reparation.

In any case, the User acknowledges the indemnity the Company and its employees/ consultants harmless from any injury and damage suffered by them, from any liability, costs, expenses (including legal expenses), incurred by them, as well as to indemnity them from any action, reason, claim made by third parties who find cause or reason in behavior or omissions attributable to the User, or which are the result of the latter's failure to comply with the obligations imposed to it by these contractual conditions.

ART. 11 - SOFTWARE SUPPORT

The Company is not subject to the obligation to provide the User with any technical assistance under the terms of this license and does not provide any guarantee that errors or discrepancies specific to the APP. will be corrected in the period of use granted to the User; however, it provides the e-mail address [email protected] in order to solve any problems that may arise in the download operations.

ART. 12 - CONSIDERATION AND PAYMENT METHOD OF THE "PRO" VERSION

Payment for the purchase of the "PRO" version can be completed with one of the following methods:

  1. Via an in app purchase with credit/debit card. In this case it must be done by selecting the appropriate button when filling out the order form. For this purpose, only Visa credit/debit cards will be accepted; Visa Electron; MasterCard; Master; American Express. The verification of the correctness of the payment data communicated by the User is in the exclusive competence of the Credit/ Debit Card Issuers, without prejudice to the responsibility of the The User if untruthful information should be entered and / or supplied or accounts from illegal activities or used to commit illegal activities.
  2. Via an in app purchase with Przelewy24. In this case it must be done by selecting the appropriate button when filling out the order form. The verification of Przelewy24 payments is not automatic.
  3. By a PayPal account. In this case it must be conducted via an external web page. Payment by PayPal can only be made by the holder / holder of the account PayPal used. Only payments made in euro currency will be accepted. In case of payment through the PayPal method, the User will be directed to the PayPal login page and, once the payment has been confirmed on the PayPal site, the User must follow the actual instructions made available on the website https://github.com/shmykelsa/AAAD#can-i-pay-for-a-license-outside-the-app . The verification of the correctness of the payment data communicated by the User is the exclusive competence of PayPal, without prejudice to the User's responsibility if untruthful information should be entered and / or supplied or accounts from illegal activities or used for the purpose of committing illegal activities. The "PRO" version gives access to:
  4. A license valid for 1 (one) physical device owned by the User.
  5. Unlimited downloads of the contents provided by the App.

ART. 13 - INVOICING

For Italian customers: exclusively for the purchase of the "PRO" version, among the data needed for the conclusion of the Contract, the User must write down his Tax Code, the Recipient Code, or his PEC for the issuance of the purchase invoice.

ART. 14 - EXPRESS TERMINATION CLAUSE

The Contract concluded between the Company and the User is defined as terminated by right by and for the purposes of art. 1456 of the Civil Code. in the case of violation of articles 2; 3; and 5 of these general conditions of Contract. In this case, the termination of the Contract will occur as soon as the Company declares to the User that it intends to make use of the Express Termination Clause referred to in this article; this may be done in writing and at the choice of the Company, by registered letter with return receipt or PEC. The termination of the Contract due to the fault of the User entails the obligation on the same to uninstall the App. downloaded and installed on its devices, erasing any backup of it. The Company will have the right to request compensation for all damages suffered and will in no case be needed to return, even partially, any amount paid by the User.

ART. 15 - GENERAL PROVISIONS

This Agreement cancels and replaces any prior agreements between the parties about the same subject matter. The User may not assign or otherwise transfer to third parties this License Agreement or the rights or obligations deriving from it, without the prior written consent of the Company.

ART. 16 - COMMUNICATIONS

Unless otherwise established, all communications that the User is required to send to GRSHMYKELSA SRL in fulfillment of these general conditions of Contract, must be sent to the following addresses (at the User's choice): by registered letter with return receipt to be sent to GRSHMYKELSA SRL via Simone Martini, 1 – 73100 – Lecce (Italy); by PEC to: [email protected].

Unless otherwise set up in the earlier articles, all communications to be sent to the User, relating to these general conditions of Contract, may be made by the Company by sending an e-mail or PEC to the e-mail address or certified e-mail indicated by the User.

ART. 17 - VALIDITY OF THESE PROVISIONS

In the event that some of the provisions of this document, or part of it, is held to be void, voidable, invalid or ineffective by the judicial authority, or in any case is or becomes wholly or partly devoid of legal effect or ineffective, this provision (or part of it) shall be considered modified, reinterpreted, or supplemented, to the extent and according to the sense necessary for it to be considered admissible by law, and judged to be fully valid and effective by the judicial authority, preserving its legal meaning to the greatest extent possible.

ART. 18 - FAILURE TO EXERCISE RIGHTS

Failure by the Company to exercise, delay in the exercise, or partial exercise, of the rights arising out of or remedies under this Agreement or applicable law, shall not affect, nor shall it be a waiver of the right or remedy in question, nor the full exercise thereof, nor shall it prejudice or constitute a waiver of any other existing rights or remedies.

ART. 19 – WITHDRAWAL "PRO" VERSION

The User in any case may withdraw from the Contract for any reason, without explanation and without any penalty, within fourteen (14) days since the day it downloads and installs the App in the"PRO" version, notifying the seller before the expiry of the established term. To this end, the buyer uses the withdrawal form available on the company's page suitable to express the explicit decision to withdraw and sends it by registered letter with return receipt to the following address: GRSHMYKELSA SRL via Simone Martini, 1 – 73100 – Lecce (Italy) or by contacting support team via e-mail at this link or submitting the withdrawal module below via e-mail with subject "RESCPRO". Within fourteen days since the withdrawal date, the User must uninstall the App. downloaded and installed on their devices. The Company will refund all payments received by the User in fulfillment of the contract, without undue delay and in any case within fourteen days from the date on which it is informed of the consumer's decision to withdraw from the contract itself, using the same means of payment used by the consumer for the purchase. The Company reserves the right to withhold the refund, until the User has proved that it has removed and uninstalled the App version "PRO" from its devices.

ART. 20 - APPLICABLE LAW

These general conditions of contract are governed by Italian law; for what is not expressly provided for in them, the provisions of the Civil Code will be applied.

ART. 21 - ARBITRATION CLAUSE

All disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution, will be devolved to an Arbitration Committee, regardless of the number of parties, in accordance with the Rules of the International Arbitration Chamber, which will administer the proceedings, with headquartered in Rende (CS) at via Kennedy, 126 – 87036 – C.F.: 98122040789, and with operational offices throughout the national and international territory that the Company and the User declare to know and accept entirely.

ART. 22 - PROCESSING OF PERSONAL DATA

The processing of personal data provided by the User takes place in compliance with the provisions of the Privacy Code (Legislative Decree no. 196/2003) and EU Reg. 2016/679 and later amendments and additions, with suitable methods to guarantee its security and

confidentiality. The personal data of the User will be processed for purposes related to the App. and, subject to consent, for further purposes such as specifically, reported by the Company in the Privacy Policy referred to in the following link: https://agileprivacy.eu/adeguamenti/dp05166050756/privacy-policy/

By art. 1341 paragraph 2 of the Civil Code. the parties expressly approve the following clauses, agreements and conditions: art. 1 (definitions); art. 2 (object of the contract); art. 3 (acceptance of the conditions and terms of use); art. 4 (grant of license of use); art. 5 (third-party services); art. 6 (individual property rights); art. 7 (updates of the application and changes to this contract); art. 8 (exclusion of warranty); art. 9 (liability of the company); 10 (indemnability and limitation of liability); art. 11 (assistancefor the software);art. 12 (consideration and payment methods of the "PRO" version); art. 13 (invoicing); art. 14 (express termination clause); art. 15 (general provisions); art. 16 (communications); art. 17 (validity of these provisions); art. 18 (failure to exercise rights); art. 19 (withdrawal version "PRO"); art. 20 (applicable law and place of jurisdiction); Art. 21 (arbitration clause); Art. 22 (processing of personal data).

WITHDRAWAL FORM "PRO" VERSION

Att.

GRSHMYKELSA S.R.L.

Via Simone Martini, 1

73100 – Lecce (Italy)

SUBJECT: WITHDRAWAL by art. 52 et se.g. of the Consumer Code

The undersigned Name* _______________________ Surname* ________________________________________________

GIVEN THAT

the time elapsed from the conclusion of the distance or off-premises contract is not superior to 14 days,

COMMUNICATES

the willing to withdraw from the contract for the purchase of the App. "AAAD" version "PRO" signed on *_______________.

The undersigned also requests the reimbursement of payments made, equal to € *________________________________

ATTACHES

*bank statement or any other form of proof of payment *screenshot of the bottom of the "Info" section of AAAD (top right menu>about)

Kind regards

Signature *______________ __ __

Place and Date

*________________________

*The data marked with an asterisk are MANDATORY