TERMS AND CONDITION
Last revised: May 2018
Please read these Terms and Conditions carefully
in order to use the Service provided by our APP correctly.
The following Terms and Conditions apply to the provision by Agevoluzione S.r.l.s. of access to services made available to Users on the application APPILL.
To allow a full understanding and acceptance of these Terms and Conditions, the following terms – in their singular and plural form – shall have the meanings as indicated below:
- Holder: Agevoluzione S.r.l.s., with registered office in via F.lli Cuzio 42, 281552 Pavia (Italy) – VAT No. 02534450180, share capital 1,000 €; e-mail address firstname.lastname@example.org, ; PEC address email@example.com;
- Application: the mobile application APPiLL, managed by the Holder, who provides a medication management and administration Service with alerts and notifications concerning medication intake and treatment adherence;
- Service: the Service is offered through the Application and its features;
- User: the person accessing the Application, regardless of the legal nature and objective pursued, interested in the Services offered through the Application;
- Consumer: any natural person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed;
- Conditions: the present Agreement which regulates the relationship between the Holder and the Users.
AppiLL is no medical device of any kind. The Holder does not accept responsibility and makes no warranty– expressed or implied – with respect to the Service provided through the Application AppiLL. The Holder does not provide any information regarding medications, health, medical treatment or advice or any other information which shall be given by third parties and for which the Holder takes no responsibility. The Service is available only to Users who are at least 18 years of age. Under no circumstances shall under 16s use the Service and the Holder will not collect under any circumstances personal information from Users who are less than 16 of age. Should a User use the Service to the benefit of anyone under the age of 16, he/she is requested not to provide personal details of the person for which the Service is used unless parents and/or legal guardians’ consent is given.
3. Industrial and Intellectual Property Rights
The Holder declares to be the Holder and / or licensee of all intellectual property rights related and / or referring to the Application and /or the materials and Contents available on the Application, including proprietary algorithms. Except for what explicitly allowed by the present Agreement, further development, reproduction, re-publishing, modification, download alteration, posting, broadcasting, transmission or use of any material made available in the Service is prohibited.
These Conditions grant the User a limited, non-exclusive and non-assignable licence to access and use the Application; any User’s guide and relevant documentation are ruled by the Terms and Conditions under this Agreement. The present licence is for personal, non-commercial purposes only and is valid for the duration of this Agreement. Except where otherwise limited by applicable laws and regulations, the User is allowed to download temporarily a copy of the APP for personal, non-commercial use only on each mobile device he/she is the owner or is in control of. Under this licence, the following is prohibited: (i) lending, renting, selling, redistributing, assigning, sub-licensing or otherwise transferring the APP or the right to download or use the APP; (ii) using the service for commercial purposes or commercial or non-commercial public display; (iii) copying, decompiling, reverse engineering, disassembling, attempting to derive the source code of the Application, its updates, or parts thereof; (iv) transferring the Contents or the materials of the Application to any other subject; (v) removing, disabling the security-related functions of the Service or otherwise interfering with them. This license will automatically terminate if the User is in breach of any of the aforementioned restrictions and he/she may be subject to legal proceedings and damages as a result.
APPiLL is trademark registered under the Holder and figurative, nominative or other signs, trade names, service marks, word marks, trade names, pictures, images, and logos appearing on the Application (except for third parties’ trademarks such as names and pictures of the medications which are registered under the relevant proprietors) are and remain the exclusive property of the Holder, or its licensors, and are protected by applicable trademark laws and relevant international treaties. The User shall not remove, alter or conceal any copyright or trademark notices or any other proprietary notices included in the Application. Nothing contained in this Agreement shall confer any right to the User to use any trademark, logo or trade name of the Holder or any third party
Any attempt to reproduce the explanatory texts and contents included in the Application, if not authorised, will be considered as a violation of the industrial and intellectual property right of the Holder.
4. Exclusion of warranty
The Application is provided “as is” and “as available” and the Holder does not provide any explicit or implied warranty in relation to the Application, nor provides any guarantee that the Application will meet the needs of Users, or that it will work without interruption, free of any error or virus or bug.
The Holder makes no representations or warranties as to: (i) availability, accuracy, reliability, completeness, quality, performance, adequacy or timeliness of the Application or of the Service provided through it, as well as to the Content, including software, texts, graphics links or communications provided on or through the Service; or (ii) conformity with governmental regulations which require the disclosure of information regarding prescription medicines or approval or conformity of any software tool in relation to the Service.
The Holder does not guarantee that the Application will function with Your mobile or IT device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond the Holder’s control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service.
The Holder cannot be held liable for the security of Users’ personal data if they use the Application from an Android device for which the User or other subjects have modified ROOT permissions or from an iOS device which the User or other subjects have jail-broken, in which case Users shall be responsible for any breach, illegal access, loss and/or corruption of personal data.
The Holder is not obliged to provide technical assistance or maintenance for the Service.
5. Limitation of Liability
The use of any part of the Application provided is at the User’s risk and the Holder (or the Application) does not provide any medical advice or treatment of any kind. Therefore, the Holder shall not be responsible towards the User in case wrong medications are loaded. Users are advised to consult their medical or healthcare professionals only and take action based on their advice.
The Holder does not take any responsibility for third party’s medical advice or information on treatments provided by any other Service User. The management of medications made through APPiLL is at the User’s sole risk.
The Holder shall not be held liable for any missed medication intake due to the disruption or failure of the Application Service.
The User agrees to indemnify and hold harmless the Holder (as well as any company or subsidiary, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal expenses incurred for trial defence, that may arise from damage caused to other Users or third parties, concerning any Content uploaded online, any violation of the law or of any term of the present Terms.
Under the present Terms and Conditions, the User agrees not to:
– Reproduce, duplicate, copy, sell, resell or exploit the Application and its Content;
– Violate intellectual property rights, privacy rights or third parties’ moral rights;
– Publish falsehoods and misrepresentations, including with respect to any medical or healthcare information.
Users agree not to interfere or attempt to interfere with the correct functioning of the Application and of the Service which it offers, or to interrupt operations or violate the Service security. Violations of system or network operations or security may result in civil or criminal liability. Possible occurrences of such violations will be investigated and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations.
The User agrees to comply with all the specific responsibilities and obligations of the User as set forth in the present Agreement.
6. Force majeure
The Holder shall not be held responsible in case of failure or delayed execution of duties, caused by circumstances which are not under the reasonable control of the Holder due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, events beyond the control, such as, but not limited to, natural events, viruses and cyber attacks, services or third-party applications. The fulfilment of the duties by the Holder shall be suspended during the aforesaid force majeure events.
No waiver by either party to an article of the present Conditions shall be effective unless it is expressly stated to constitute a waiver and is communicated in writing.
If any of the provisions contained in the present Conditions result unlawful or invalid, it will not be considered as part of the Terms and Conditions, without affecting the enforceability of the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
The Holder conforms to the General Data Protection Regulation (GDPR), therefore closure of your User account or cancellation of Your personal data collected at any moment and for any reason can be obtained. Users can exercise their rights as provided in the GDPR, by sending an e-mail to: firstname.lastname@example.org.
You hereby agree that the present Agreement and all the agreements set forth herein between You and us can be assigned to third parties at our sole discretion.
11. Terms of the Agreement
The present Agreement is effective until termination by us or by the User. The User can terminate the present Agreement at any moment as long as he/she ceases to use the Service in any way and has not breached the Terms and Conditions. In the event of violations of the present Agreement, our authorisation to use the Service will cease automatically. At our sole discretion, we may terminate the present Agreement and Your access to the whole Service or parts of it at any moment and on any ground, after having informed You, without any liability to you or any third party. Should the present Agreement be terminated by us, the User will have to promptly uninstall the Application from all devices and destroy all the materials downloaded or otherwise obtained from the Service. The following provisions remain effective after the present Agreement has expired or has been terminated regardless of the reason: Liability Disclaimer, Property, Limitations of Liability, Applicable Law and Jurisdiction, Entire Agreement and Severability.
The present document constitutes the Entire Agreement between the User and the subject-matter of the Service provided. The present Agreement cannot be modified in whole or in part, except where otherwise provided under paragraph 12.
12. Modifications to the present Agreement
We reserve the right to modify or update the present Agreement at any time. By continuing to use the Service after such changes, the User agrees to be bound to the present Agreement as amended. You are therefore invited to visit this page periodically.
13. Governing Law and Place of Jurisdiction
These Conditions and any dispute concerning the interpretation, performance, validity of this Agreement shall be governed by the Italian Law and submitted to the exclusive jurisdiction of the Court where the Holder has its registered office.
If the User is a consumer as defined under Article 3 of the Consumer Code, the judge of the place of residence or domicile of the Consumer, if located in the territory of the Italian State, has mandatory territorial jurisdiction, with no prejudice to the Consumer-User’s entitlement to bring proceedings in courts other than the “place of jurisdiction of the consumer” pursuant to Article 66 of the Consumer Code, in charge for the area according to one of the criteria set out in Articles 18, 19 and 20 of the Italian “Codice Processuale Civile” (“Civil Procedure Code”).
14. Online dispute resolution for consumers
Any Consumer who resides in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to solve, via a non-judicial route, any dispute relating to and / or arising from contracts of sale of goods and services entered into online. As a result, Consumers may use the aforementioned platform for the resolution of any dispute arising from the online Agreement entered into with the Holder. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
15. Information and Contacts
All notifications concerning the present Agreement will be published on the Service or sent to the User to the e-mail address provided by the User. All communications regarding the present Agreement can be sent by e-mail to: email@example.com or in writing to: AGEvoluzione S.r.l.s. – Via Fratelli Cuzio, 42 – 27100 Pavia (PV) – ITALY