LICENSE AGREEMENT AND TERMS OF USE
This license agreement and terms of use apply to all individuals who use the "Hi, it’s oN me" App (hereinafter referred to as the “App”) and the services offered by Genia Business S.r.l. – Via Caduti del Pilastro 8 - 40055 Castenaso (Bologna), Italy (hereinafter “Genia Business”) through the App (hereinafter the “User” or “Users”).
By downloading the App, registering, and using the related services, the User accepts this license agreement and the terms of use of the App (the “Agreement”). By clicking the “I Accept” option placed below the statement “I have read and accept the license terms of use and the privacy policy pursuant to Article 13 of Regulation (EU) 2016/679” during the App installation process, and by using the App, the User declares to accept this Agreement. Therefore, Users are advised not to download the App or use the related services if they do not intend to accept the Agreement, which binds the parties to the following conditions.
By accepting this license agreement and the terms of use, the User gives their consent to the processing of personal data as specified in the privacy policy.
The App can be downloaded via the App Store and Google Play to be installed and used on mobile devices, smartphones, tablets, etc.
1. ACCESS AND USE OF THE APP AND SERVICES. REGISTRATION. WITHDRAWAL
Users can access the App's services through mobile devices, after registering with the App. This requires providing certain personal information and data, which will be processed according to the data handling policies outlined in the Privacy Policy available at www.geniabusiness.com/hi-itsonme/privacy-it.html. Access, use of services, and registration are free of charge.
To access and use the services, Users must complete a registration process and create an account, providing some personal data (e.g., nickname, email address, password, etc.). Upon registration, the User will receive a confirmation email with a link to activate their account. If the link is not activated within 5 days, the account will be deactivated, and access to the App and services will be denied.
The User agrees to provide accurate, truthful, and complete information and to keep their data updated. The User is solely responsible for the accuracy and reliability of the information provided and for any damage resulting from a breach of this obligation.
The User acknowledges and declares that they are solely responsible for maintaining the confidentiality of their account, as well as any use and activity carried out through it. The User also agrees to promptly notify Genia Business of any breach or unauthorized use of their account. Genia Business is not liable for any damage the User may incur due to third-party use of their account or password, whether authorized or not.
In the event of any breach of the above, Genia Business may, at its sole discretion, delete the account, remove or modify any content or access linked to the User’s account, suspend or terminate services, and take any other action deemed appropriate.
Users may delete their account and withdraw from the Agreement at any time.
Genia Business does not guarantee continuous or uninterrupted access to the App and services, which may be affected by factors beyond its control. Access may be suspended or interrupted for technical reasons, strategic or business decisions, force majeure, or violation of the Agreement, without the User being entitled to any compensation.
Genia Business shall not be held liable to Users or third parties for the closure of accounts or suspension/termination of services.
2. LICENSE GRANT. UNAUTHORIZED USE. INTELLECTUAL PROPERTY
Genia Business, pursuant to the terms of this Agreement, grants the User a non-exclusive, personal, non-transferable, non-sublicensable, free, indefinite license to install and use the App to access the services offered by Genia Business through it (the “Services”), solely for personal and non-commercial purposes.
If the Services require or include downloadable software, such software is licensed to the User by Genia Business for private, personal use. The software and App may not be used by individuals under the age of 18 without the prior consent of a parent or legal guardian.
Genia Business and any licensors retain all rights to the software, the App, and the source code, structure, and organization of the software, including copyrights, trade secrets, intellectual property rights, and any other rights.
The User may not, to the extent permitted by applicable law:
copy, distribute, publish, reverse engineer, decompile, modify, or translate the software and App, or attempt to access the source code to create derivative products or for any other purpose;
sell, assign, sublicense, transfer, distribute, or lease the software or the App;
make the software or App available to third parties via a network or otherwise;
use the App in any way not permitted by applicable laws or regulations;
alter or remove copyright notices, logos, or any proprietary information within the App;
use any automated or manual practice, device, software, algorithm, or process (including but not limited to robots, spiders, etc.) to interfere with the App or its operation;
use the App or Services for illegal, obscene, offensive, or inappropriate purposes, or to offer or promote goods/services, conduct surveys, contests, chain letters, or any use prohibited by this Agreement;
upload to the App any software, data, images, documents, text, or other content that violates the rights of Genia Business or third parties (collectively, “Unauthorized Use”).
All data collected by Genia Business from the User or their device is subject to this Agreement and the Privacy Policy. Genia Business and its licensors reserve all rights not expressly granted herein and retain ownership of all improvements, updates, and modifications to the software, App, and Services.
The User is solely responsible for any damages, costs, or expenses arising from Unauthorized Use. If the User becomes aware of such use by third parties, they must promptly notify Genia Business and provide necessary assistance in any investigation.
The term “Genia Business” and any trademarks, logos, or domain names used in the App (the “Trademarks”) are owned by Genia Business or its licensors. Users acknowledge that using the App and Services does not confer any rights to the Trademarks. The User may not use the Trademarks without prior written consent from Genia Business.
Except for content provided by the User or linked from external sources, all materials appearing within the App (including text, graphics, icons, software, logos) are owned by Genia Business or its partners. Users uploading names, trademarks, images, or videos represent they are authorized to do so and take full responsibility for any infringement.
3. DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, Genia Business makes no warranties, express or implied, with respect to the App, which is provided “as is” and “as available.” Genia Business makes no representations regarding its quality, fitness for a particular purpose, completeness, or accuracy. Except as explicitly stated in this Agreement, neither Genia Business nor its suppliers or distributors make any warranties regarding the App or the Services.
Despite efforts to offer high-quality and secure services, Genia Business does not guarantee that the Services will be uninterrupted, timely, or error-free, that defects will be corrected, or that the software and App are free of viruses or bugs.
Genia Business reserves the right to suspend, terminate, modify, remove, or add to the software and the App at its sole discretion, with immediate effect and without notice or liability for any damage suffered by the User due to such actions.
Genia Business is not responsible for the accuracy of information provided by Users through the App and Services. Use of the Services is entirely at the User's own risk.
4. USER REPRESENTATIONS AND WARRANTIES
Before and during use of the App, the User represents, warrants, and agrees that:
Use of the App and Services is at their own discretion, responsibility, and risk;
Personal data provided to Genia Business for use of the App and Services will be processed in accordance with the Privacy Policy;
Registration and use of the App by minors is expressly authorized by the legal guardian or parent.
The User is solely responsible for their telecommunications and internet access services required to use the App and software. Genia Business shall not be liable for any issues related to such services.
The User agrees to provide accurate and up-to-date information, and is solely responsible for any damages caused by failure to do so. The User is also responsible for maintaining the confidentiality of their password and account and for all activity occurring under their account.
5. USER-GENERATED CONTENT
The User may not publish any illegal, obscene, defamatory, slanderous, or otherwise unlawful or offensive material through the App, including images and videos.
Genia Business reserves the right to refuse publication or delete any User content that:
contains offensive, harmful, or abusive language;
refers to illegal or unlawful activities;
is considered unlawful under local, national, or international law, or violates any third-party rights;
contains viruses, trojans, worms, time bombs, bots, or other harmful routines.
In such cases, Genia Business may terminate the User’s access and delete any submitted data without notice.
6. LIMITATION OF LIABILITY
Genia Business shall not be liable for the accuracy of information provided by Users through the App and Services. Use of the Services is entirely at the User's own risk. To the extent permitted by applicable law, Genia Business shall not be liable for any direct, indirect, or consequential damages (including lost profits, business interruption, loss of business data, or any other pecuniary loss) resulting from the use or misuse of the App and Services.
Genia Business’s liability for losses or damages arising from content within the App or Services is limited to the removal of such content within a reasonable timeframe.
There is a risk that hackers may tamper with the App and introduce harmful content (e.g., viruses, worms, corrupted files). Genia Business shall not be held responsible for any damages or modifications caused by such events.
Genia Business is not liable for any damage resulting from the lack of availability, reliability, or usability of the App or Services, including but not limited to access errors.
Genia Business shall not be liable for theft, loss, or misuse of the User’s login data (nickname, email, password). It is the User's responsibility to keep this information confidential.
If applicable law does not allow certain warranty exclusions or liability limitations, the above exclusions shall apply to the maximum extent permitted.
7. LINKS AND MALWARE
While Genia Business regularly checks the content of external websites linked via the App, it does not accept responsibility for the content of such websites. The User is solely responsible for using linked pages. Genia Business does not guarantee that the App is virus-free or free from harmful software.
8. MODIFICATIONS
Genia Business reserves the right, at its sole discretion, to update or modify this Agreement, the App, and/or Services or any part thereof at any time with reasonable notice. Please review the Agreement periodically. Continued use of the App and Services after changes implies acceptance of the updated Agreement.
9. INDEMNIFICATION
By using the Services, the User agrees to indemnify and hold harmless Genia Business from and against any claim, action, demand, liability, cost, and expense, including, but not limited to, reasonable legal fees, arising from violation or breach of any provision of this Agreement or applicable law, or any warranties provided herein, or in any way resulting from the use of the App and Services.
10. REPORTING VIOLATIONS
Any abuse, illegal or unauthorized use, or violations of laws or this Agreement can be reported to Genia Business by email at: abuse@hi-itsonme.com. The User must also immediately report any unauthorized third-party use of their password and account to Genia Business.
11. GOVERNING LAW AND JURISDICTION
This Agreement and any matters related to it are governed by Italian law.
Any dispute arising from the application, interpretation, validity, effectiveness, execution, or termination of this Agreement shall be submitted to a preliminary conciliation attempt pursuant to Legislative Decree 28/10, through the Mediation Body of the Bar Association of Bologna.
If the mediation does not result in a settlement, the parties agree that the Court of Bologna shall have exclusive jurisdiction over any claims or disputes arising from or related to this Agreement, except where consumer protection laws provide otherwise.
12. ASSIGNMENT
Genia Business reserves the right to assign this Agreement, in whole or in part, to any third party at any time without the User’s prior consent. The User may not assign any of their rights or obligations under this Agreement.
13. MISCELLANEOUS
The failure of Genia Business to enforce any right in case of a breach by the User shall not be deemed a waiver of such right regarding any subsequent breach or other provision of this Agreement.
If any provision of this Agreement is found to be illegal, invalid, or unenforceable in any jurisdiction, this shall not affect the validity or enforceability of any other provision in that jurisdiction or in other jurisdictions.
Nothing in this Agreement shall be interpreted as creating a partnership, agency, fiduciary relationship, or joint venture between the parties.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements (oral or written) relating to the subject matter.
Pursuant to Articles 1341 et seq. of the Italian Civil Code, the User expressly declares to have read and approved the clauses in Articles: 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13.
