What you should know at a glance

Please note that certain provisions of these Terms may apply only to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each relevant clause. If no such mention is made, the clauses apply to all Users.

Conditions of use

Unless otherwise specified, the conditions of use of this Application set out in this section apply generally. Additional conditions of use or access applicable in specific situations are expressly indicated in this document. By using this Application, Users declare that they meet the following requirements:

• There are no restrictions on Users based on whether they are Consumers or Professional Users

Content on this Application

Unless otherwise specified or clearly identifiable, all content available on this Application is owned by or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Application does not infringe applicable laws or third-party rights. However, this result cannot always be guaranteed. In such cases, without prejudice to any legally enforceable rights or claims, Users are kindly requested to address related complaints to the contact details specified in this document.

Rights over the content of this Application

The Owner holds and expressly reserves all intellectual property rights over the aforementioned content. Users are not authorized to 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 are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Application, or allowing third parties to carry out such activities through their User account or device, even unknowingly.

Where expressly stated on this Application, Users are authorized to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes, provided that proper attribution is given and any other relevant requirements specified by the Owner are complied with. Limitations and exclusions under copyright law remain applicable.

Access to external resources

Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content or availability. The conditions applicable to third-party resources, including any rights granted on content, are determined by such third parties and governed by their respective terms and conditions or, in their absence, by applicable law.

Permitted use

This Application and the Service may only be used for the purposes for which they are provided, in accordance with these Terms and applicable law. It is the sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate any laws, regulations, or third-party rights. Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny Users access to this Application or the Service, terminate contracts, and report any objectionable activity carried out through this Application or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever Users engage in or are suspected of engaging in:

• violations of laws, regulations and/or these Terms;
• infringement of third-party rights;
• acts that may significantly harm the Owner’s legitimate interests;
• offenses against the Owner or third parties.

Limitation of liability and indemnification – Australian Users

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, indemnity, right or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and which cannot be excluded, restricted or modified (a non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to the re-supply of the services or payment of the cost of having the services supplied again.

US Users – Disclaimer of Warranty

The Owner provides this Application “as is” and as available. Use of the Service is at the User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through use of the Service is downloaded at the User’s own risk, and the User shall be solely responsible for any damage to their computer system or mobile device or loss of data resulting from such download or from use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked via hyperlink. Furthermore, the Owner does not take part in or monitor in any way any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or may not function properly with the User’s browser, device, and/or operating system. The Owner shall not be liable for any perceived or actual damages arising from the content, operation, or use of the Service. Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may therefore not apply to Users. This Agreement grants Users specific legal rights, and Users may also have other rights which vary from state to state. The limitations and exclusions under this Agreement apply to the fullest extent permitted by law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for:

• any indirect, intentional, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of or inability to use the Service;
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to the Service or the User account;
• any errors, omissions, or inaccuracies in the content;
• personal injury or property damage resulting from access to or use of the Service;
• any unauthorized access to servers or personal information;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojans, or similar transmitted through the Service;
• any errors or omissions in content published, emailed, or otherwise made available through the Service;
• the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall total liability exceed the amount paid by the User to the Owner during the twelve (12) months preceding the claim or for the duration of the Agreement, whichever is shorter. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations may not apply to the User. These Terms grant the User specific legal rights.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any claims, damages, obligations, losses, liabilities, or expenses, including legal fees, arising from:

• the User’s use of or access to the Service, including any data or content transmitted or received;
• the User’s breach of these Terms;
• the violation of any third-party rights, including privacy or intellectual property rights;
• the violation of any law, regulation, or rule;
• content submitted from the User’s account, including misleading or false information;
• the User’s willful misconduct;
• the violation of statutory provisions by the User or its affiliates, to the extent permitted by law.

Common provisions

No waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, with appropriate notice to Users. To the extent permitted by law, the Owner reserves the right to suspend or terminate the Service entirely. In the event of termination, the Owner will endeavor to allow Users to retrieve their Personal Data and information in accordance with applicable law. The Service may also be unavailable due to causes beyond the Owner’s reasonable control, such as force majeure events (e.g., strikes, infrastructure failures, blackouts, etc.).

Service resale

Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit this Application or the Service, in whole or in part, without the Owner’s prior written consent, either directly or through a legitimate resale program.

Privacy policy

Information regarding the processing of Personal Data is contained in the privacy policy of this Application.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Application, are held exclusively by the Owner or its licensors and are protected under applicable law and international treaties. All trademarks—word or figurative—and any other distinctive signs, trade names, service 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 protected under applicable law and international treaties.

Changes to the Terms

The Owner reserves the right to amend these Terms at any time. In such cases, the Owner will provide appropriate notice of the changes to Users. The changes will affect the relationship with the User only for the future. Continued use of the Service implies acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement. The previous applicable version will continue to govern the relationship until accepted by the User and may be requested from the Owner. Where required by applicable law, the Owner will specify the date on which the amended Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights or obligations under these Terms, taking into account the legitimate interests of Users. The provisions regarding changes to these Terms shall apply. Users may not assign or transfer their rights or obligations under these Terms without the Owner’s written consent.

Contacts

All communications relating to the use of this Application must be sent to the contact details provided in this document.

Severability clause

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

US Users

Any invalid or unenforceable provision shall be interpreted and adapted to the extent necessary to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter hereof and supersede all prior communications, including prior agreements, between the parties regarding such subject matter. These Terms shall be enforced to the fullest extent permitted by law.

European Users

Should any provision of these Terms be or become null, invalid, or unenforceable, the parties shall endeavor to amicably agree on a valid and enforceable provision to replace the null, invalid, or unenforceable one. In the absence of such agreement, where permitted or required by applicable law, the null, invalid, or unenforceable provision shall be replaced by the applicable statutory provision. Without prejudice to the foregoing, the nullity, invalidity, or unenforceability of a specific provision of these Terms shall not render the entire Agreement null and void, unless such provisions are essential or of such importance that the parties would not have entered into the Agreement had they known the provision would be invalid, or where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of laws rules.

Exception for European Consumers

However, notwithstanding the foregoing, if the User qualifies as a European Consumer and has their habitual residence in a country where consumer protection laws provide a higher level of protection, such higher level of protection shall prevail.

Venue

The exclusive jurisdiction over any dispute arising out of or in connection with these Terms shall lie with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing shall not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.