Terms and Conditions – Rosarium Pro App

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Last update: v.1, November 5th, 2021

1. General Terms

1. The present Terms (hereinafter, the “Terms of Use” or the “Terms”) govern the contractual relationship between Carlo Sacchetti (hereinafter the “Owner”) and the user (hereinafter, the “Users” or “Service Users”), when registering for an Account (the “Service Account”) in and when using the features provided in the Rosarium App Pro (the “App”, the “Service” or “This Application”).
2. The use of the Service by the User implies acceptance without reservations of the entirety of the text comprising these Terms.
3. The Application is provided by Mr. Carlo Sacchetti, via Degli Araldi 4, 42048, Rubiera (RE), Italy, who can be contact at info@rosariumpro.com.
   

2. Account Registration

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

3. Conditions for account registration

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

1. Accounts registered by bots or any other automated methods are not permitted.
2. Unless otherwise specified, each User must register only one account.
3. Unless explicitly permitted, a User account may not be shared with other persons.

4. Account termination

1. Users can terminate their account and stop using the Service at any time by uninstalling the App.
   

5. Account suspension and deletion

1. The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
2. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
3. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

6. Content on this Application

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

7. Content provided by Users

1. The Owner allows Users to upload, share or provide their own content to this Application.
2. By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

8. Rights regarding content provided by Users

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

9. Liability for provided content

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

1. if any complaint based on such content is received;
2. if a notice of infringement of intellectual property rights is received;
3. upon order of a public authority; or
4. where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

3. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

10. IP (Intellectual Property) rights on the Contents

1. The Owner holds and reserves all intellectual property rights for any such content.
2. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
3. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.
4. This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
5. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
6. Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.
7. The Owner reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using this Application and/or its related software.
   

11. Application’s IP rights

1. Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
2. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
   

12. Acceptable use

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

1. violate laws, regulations and/or these Terms;
2. infringe any third-party rights;
3. considerably impair the Owner’s legitimate interests;
4. offend the Owner or any third party.

13. Paid Subscription-Based plans

1. Subscriptions allow Users to receive a Plan continuously or regularly over a determined period of time.
2. Some of the Plans provided on this Application, as part of the Service, are provided on the basis of payment.
3. The fees, duration and conditions applicable to the purchase of such Plans are described in a dedicated section of this Application.
4. To purchase Plans, the User must register or log into this Application.
5. Paid subscriptions begin on the day the payment is received by the Owner.
6. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

14. Plan description

1. Prices, descriptions or availability of Plans are outlined in the respective sections of this Application and are subject to change without notice.
2. The characteristics of the chosen Plan will be outlined during the purchasing process.

15. Purchasing process

1. Any steps taken from choosing a Plan to order submission form part of the purchasing process and are completely handled via Apple Store or Google Play Store. The purchasing process includes these steps:

1. Users must indicate the desired Plan by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
2. Users may review their purchase selection, modify, remove or add items.
3. Users will be required to specify their billing address, contact details and a payment method of their choice.
4. During the purchasing process, Users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
5. After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.

2. To submit the order, Users must accept these Terms and use the respective button or mechanism on this Application, hereby committing to pay the agreed-upon price.

16. Order submission

1. The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
2. In case the purchased Plan requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
3. Upon submission of the order, Users will receive a receipt confirming that the order has been received.

17. Plan Termination

1. Open-ended subscriptions may be terminated at any time by using the applicable features on Apple Store or Google Play stores.
   

18. Prices

1. Users are informed via Apple Store or Google Play stores during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

19. Methods of payment

1. Information related to accepted payment methods are made available during the purchasing process via Apple Store or Google Play stores.
2. All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
3. If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

20. Purchase via app store

1. This Application or specific Plans available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play Store“), which may vary depending on the particular device in use.
2. Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
3. Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

21. Free use

1. Users have the option to use this Application forever at no cost. Some features or functions of this Application may not be available to Users unless they are going to purchase on of the available Subscription-based Plans

22. Service interruption

1. To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
2. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
3. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

23. Service reselling

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

24. Privacy policy

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

25. Changes to these Terms

1. The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future.
2. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
3. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

26. Severability

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

27. Governing law

1. These Terms are governed by Italian Law.

28. Venue of Jurisdiction

1. The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Reggio Emilia.