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Terms

04/04/2020

Terms of service

To provide our Services (as described below) through apps, services, features, software or websites, the user must expressly accept our Terms of Service ("Terms"). By registering, installing, accessing or using Semantica apps (hereafter Apps), our services, our functions, our software or our websites, you agree to the Terms.

Our services

The services are provided by Semantica as indicated in the Privacy document in the Contact information section.

NO ACCESS TO EMERGENCY SERVICES:  There are significant differences between our Services and the fixed, mobile and SMS messaging services. Our Services do not allow you to make emergency calls or access emergency services such as the police, firefighters or hospitals or, in any case, to connect in other ways to single emergency centers. The user must ensure that he can contact the relevant emergency services via mobile phone or landline or other type of service.

Information about our Services

Registration. To register for our Services, the user must use correct information, must provide his / her current mobile phone number and, in case of modification, update it by making a new registration. You agree to receive the codes to register for our Services via text messages and calls (by us or by third party suppliers).

Address book. The user provides us regularly, in accordance with applicable laws, the telephone numbers of users of Semantica and other contacts in the address book of his mobile device, including those of users of our Services and other contacts.

Age. If you reside in a country of the European Union, the user must be at least 16 years of age to use our Services (or the upper age necessary in your country to be authorized to register and use our Services). If you reside in any other country except those of the European Union, the user must be at least 13 years of age to use our Services (or the upper age necessary in your country to be authorized to register and use our Services). In addition to being the minimum age required to use our Services under applicable laws, if the user is not the age required to accept the Terms in his country, his parent or guardian must accept them on his behalf.

Devices and software. The user must obtain certain devices, software and data connections to use our Services, which we cannot otherwise provide. To use our Services, you agree to download and install updates to our Services manually or automatically. The user also authorizes us to periodically send him notifications through the Apps, if necessary to provide our Services.

Costs and taxes. The user is responsible for the operator's data plan, Internet costs and additional costs and taxes associated with his use of our Services.

Privacy policy and user data

User privacy is important to Semantica. Semantica's Privacy Policy describes our information procedures (including messages), including the types of information we receive and collect from you, how we use it and we share this information and your rights in relation to the processing of your information. The Privacy Policy declares our legal basis for the processing of users' personal information, including the collection, use, processing and sharing of such information, as well as the transfer and processing of information in the United States and other countries globally where our facilities, our service providers, our partners are located, regardless of where our Services are used.

Acceptable use of our Services

Terms and Information. You must use our Services in accordance with our Terms and Information. If the user violates our Terms, policies or disciplines, we can take measures regarding his account, including the deactivation or suspension of the account; in these cases, the user will not be authorized to create another account without our permission.

Use in accordance with the law and acceptable. The user must access our Services and use them only for lawful, authorized and acceptable purposes. You agree not to use (or assist third parties in using) our Services in ways that:  (a) violate or do not respect or misuse the rights of Semantica, our users or third parties, including privacy, "publicity" (personality rights), intellectual property or other industrial property rights; (b) are illegal, obscene, defamatory, threatening, intimidating, annoying, threatening, offensive to a race or ethnicity or promote or encourage illegal or inappropriate behavior, including the promotion of violent crime; (c) involve the publication of false or misleading content or misleading claims; (d) exploit the identity of another person; (e) involve the sending of illegal or prohibited communications such as bulk messages, automatic messages, calls from automatic systems or the like; (f) involve the non-personal use of our Services, except as expressly provided by us.

Damage to Semantica or to users. The user must not (nor must he assist third parties), directly, indirectly, by automated means or in other ways, access, use, copy, adapt, modify, create derivative works, distribute, license or sub-license, transfer, display, perform or otherwise exploit our Services in a manner that is not permitted or unauthorized or that damages, compromises or harms us or our Services, systems, users or third parties, therein including, directly or with automatic tools, you must not:  (a) rebuild, alter, modify, create derivative works, deconstruct or derive the code from our Services; (b) send, store or transmit viruses or other harmful codes to computers through our Services or within them; (c) obtain or seek to obtain unauthorized access to our Services or systems; (d) interfere with the performance of our Services or with their integrity; (e) create accounts for our Services using unauthorized or automatic tools; (f) collect the information of our users or related to them in ways that are not permitted or unauthorized; (g) sell, resell, rent or charge for our Services in an unauthorized manner; (h) distribute or make available our Services through a network that allows their simultaneous use by multiple devices, except in cases where it is authorized through tools expressly provided by us through our Services; or (i) create software or APIs that function basically the same way as our Services and offer them for use through third parties in an unauthorized manner.

Keep your account safe. The user is responsible for the security of his device and his account registered in the Apps and is required to promptly notify us of any unauthorized use or breaches of the security of his account or ours. Services.

Third party services

Our Services may allow the user to access, use or interact with third party websites, apps, content, other products and services. For example, the user can choose to use third party backup services (such as iCloud or Google Drive) integrated with our Services or interact with a share button on a third party website that allows you to send information to his contacts. Please note that these Terms and the Privacy Policy only apply to the use of our Services. By using third party services, their terms and privacy policies govern their use.

Licensing

User rights. Semantica does not claim ownership of the information sent by the user in relation to the account registered in the Apps or through our Services. You must have the right to use the information you send in connection with the account registered in the Apps or through our Services as well as the right to grant it for use and license according to our Terms.

Semantica Rights. Semantica owns all copyrights, trademarks, domains, logos, distinctive signs, "trade secret", patents and other intellectual property rights associated with our Services. It is not allowed to use our copyrights, trademarks, domains, logos, distinctive signs, patents or other intellectual property rights unless it has our express authorization.

License to Apps. In order to allow us to make available and provide our Services, the user grants Semantica a global, non-exclusive, royalty-free license, which can be sub-licensed and transferable to use, reproduce, distribute, create derivative works, view and execute the information (including content) that you upload, send, store or receive on our Services or through them. The rights granted in this license are intended solely to make available and provide our Services (for example, in order to show the profile picture and status message, transmit messages, archive undelivered messages on our servers up to 30 days during which we will try to deliver them and in the other ways described in our Privacy Policy.

Reporting infringements of copyrights, trademarks and other intellectual property rights of third parties. To report infringements of copyrights, trademarks and other types of intellectual property, we invite you to consult our Intellectual Property Policy . If the user violates the intellectual property rights of others, we can take measures regarding his account, including the deactivation or suspension of the same.

Disclaimers of liability

WE WILL USE REASONABLE DILIGENCE AND EXPERTISE IN PROVIDING OUR SERVICES TO THE USER AND KEEPING THEM IN A SAFE, PROTECTED AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT APPS WILL ALWAYS WORK WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. USE OF THE SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO THE FOLLOWING LIABILITY EXCLUSIONS. OUR SERVICES ARE PROVIDED IN THE FACT AND LEGAL STATE IN WHICH, WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING THEREOF, INCLUDING EXCLUSIVE AND NON-EXHAUSTIVE WARRANTIES, WARRANTIES RELATING TO MERCHANTABILITY, FITNESS FOR SPECIFIC PURPOSE OR PROPERTY PROPERTY, OWNERSHIP THIRD PARTIES AND ABSENCE OF VIRUSES OR OTHER HARMFUL CODES FOR COMPUTERS. WE DO NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS AND USEFULNESS OF INFORMATION, OPERATION, LACK OF ERRORS, SECURITY OR PROTECTION OF OUR SERVICES OR OPERATION OF OUR SERVICES WITHOUT INTERRUPTIONS, DELAYS OR DEFECTS. WE DO NOT HOLD CONTROL AND WE ARE NOT RESPONSIBLE FOR CONTROL OF THE MODE OR TIME OF USE OF THE SERVICES OR FUNCTIONS, SERVICES AND INTERFACES PROVIDED BY OUR SERVICES. WE ARE NOT RESPONSIBLE AND WE DO NOT OBLIGATE TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING THE CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU EXEMPT US, OUR SUBSIDIARIES AND AFFILIATES AND OUR EXECUTIVES, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS (COLLECTIVELY, THE "SEMANTIC PARTS") FROM ANY APPLICATION, APPLICATION, LEGAL ACTION OR DISPUTE (COLLECTIVELY, "COLLECTIVELY" / E ") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING FROM OR LINKED IN ANY WAY TO CLAIMS THAT YOU MAY HAVE AGAINST THIRD PARTIES. USER'S RIGHTS RELATING TO APPS ARE NOT MODIFIED BY THESE EXCLUSIONS OF LIABILITY IF THE LAWS IN FORCE IN THE COUNTRY IN WHICH THE USER RESIDES, APPLICABLE AS A CONSEQUENCE OF THE USE OF OUR SERVICES, DO NOT ALLOW IT.

Disclaimer

OUR TOTAL LIABILITY RELATING TO, ARISING FROM OR IN ANY OTHER WAY CONNECTED TO OUR TERMS, TO US, OR TO OUR SERVICES IS LIMITED TO LOSSES THAT REPRESENT A REASONABLY FORESEEABLE CONSEQUENCE OF BREACH OF THESE TERMS (EXCEPT IN THE EVENT OF DEATH, IN THE EVENT OF DEATH MISLEADING AND FRAUDULENT REPRESENTATIONS) AND WILL NOT EXCEED THE AMOUNT PAID TO US BY THE USER IN THE TWELVE PREVIOUS MONTHS.

USER'S RIGHTS RELATING TO APPS ARE NOT MODIFIED BY THESE EXCLUSIONS OF LIABILITY IF THE LAWS IN FORCE IN THE COUNTRY IN WHICH THE USER RESIDES, APPLICABLE AS A CONSEQUENCE OF THE USE OF OUR SERVICES, DO NOT ALLOW IT.

Compensation

If we receive a question from someone ("Third Party Application") in relation to the actions, information or content on the Apps of the user, the latter agrees, to the extent permitted by law, to indemnify the Semantic Parts from any type of liability, damage, loss and expense (including reasonable legal fees and charges) relating to, arising from or in any case connected to the following:  (a) your access to, or use of the Services, including information provided in connection with them; (b) your violation of our Terms or applicable law; (c) any misleading or misleading statement made by it. The user undertakes to cooperate as requested by us in the defense or resolution of any third party application. The rights of the user relating to the Apps are not modified by these disclaimers if the laws in force in the country in which the user resides, applicable as a consequence of the use of our Services, do not allow it.

Dispute resolution

Jurisdiction to resolve and decide any and all disputes relating to the interpretation and/or execution and/or application of the terms of service is identified: 

  1. for the Italian Judicial Authority, any controversy should arise regarding the execution and / or interpretation of the terms of service, the Court of Bologna will have exclusive jurisdiction;
  2. the Court of Bologna (Italy) will have exclusive jurisdiction over the Judicial Authority of a State other than the Italian one, any controversy should arise regarding the execution and/or interpretation of the terms of service.

Availability and termination of our Services

Availability of our Services. We always try to improve our Services. This means that we can add or remove our Services, features, functionality and support from certain devices and platforms. Our Services may be discontinued, including in the event of maintenance, repairs, updates or network or equipment problems. Semantica reserves the right, at any time, to no longer provide some or all of the Services, including certain functions and assistance for certain devices and platforms, at any time after a 30-day notice period, where possible. Our Services may be affected by events beyond our control, such as natural disasters and other force majeure events.

Resolution. Although we hope this does not happen, the Apps user can resolve the relationship with Semantica at any time for any reason by uninstalling the app using the usual way of proceeding made available by the mobile device.

We may also modify, suspend or terminate access to or use of our Services at any time for suspicious or illegal conduct, including cases of fraud, or if we reasonably believe that you violate our Terms or create damage or legal risk for us, our users or others. The following provisions will continue to remain in force even after the termination or expiry of the contract with Semantica:  "Licenses", "Disclaimers", "Limitation of Liability", "Compensation", "Dispute Resolution", "Availability and Termination of our Services, "" Other Provisions ", and" Special Arbitration Provision for Users in the United States or Canada. " If the user believes that the suspension or deactivation of his account was an error, he can contact us at info@s7a.it.

Other provisions