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Terms & Conditions

This is an English translation provided for convenience. In case of discrepancy, the Italian version prevails.

In this EULA the following definitions, when capitalised, shall have the following meanings:

  • Apple – means Apple, Inc., any parent company or corporate group or any successor thereof that operates the Apple mobile platform currently called the “App Store”.
  • App – means our mobile applications and any service provided through the Apps.

It is a part of the Services that we provide to you. A full list of the Apps can be found at http://www.balzo.eu.

Company (or “Balzo”, “We”, “Us”, “Our”) – means Balzo Srl, the company registered in Italy, registration number IT 06350300486, with registered office at Via Solferino 10, 50123 Firenze, Italy.

Content – means all types of content, including, but not limited to, information, data, text, articles, links, software, sounds, music, photographs, graphic or video messages, tags or other materials uploaded, communicated, transmitted or otherwise made available or accessible through our Services, whether publicly available or privately transmitted by a Third-Party Provider, or provided, submitted, displayed or otherwise made available by you when using the Services, or as a result of your interaction with other users of the Services.

Device – means an authorised smartphone, tablet or other mobile device that you own or legally control solely for your lawful, personal and non-commercial use.

EEA – means the European Economic Area.

EULA – means this End User License Agreement, which is the legal agreement between you and us, and which, together with all related documentation, sets out the terms and conditions governing the use of any of our Apps downloaded and installed by you or other related Services.

Intellectual Property Rights – means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property rights or proprietary rights recognised in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.

Mobile Platform – means a platform operated by a third party (e.g. the “App Store” operated by Apple, or “Google Play” operated by Google), where you can access and download the Apps to your Device.

Open Source Software – means all or part of the App which constitutes non-proprietary software or software provided under a free public licence by third parties.

Policy – means the privacy policy, which describes how we collect, use, process, store and share the information we collect about you, and which is incorporated herein by reference as part of the EULA.

Representative – means a parent, or a legal guardian, or other representative under applicable law of a person aged between 16 and 18.

Services – means the Apps and our related services/products and websites, which you download, install, use and/or visit.

Third-Party Providers – means third-party providers that offer Content and/or services in conjunction with or through the Services.

Unacceptable Content – means any type of content or behaviour in connection with the use of the Apps or the Services that is illegal or unacceptable according to generally accepted moral rules, including, but not limited to, the following examples: (i) engaging in or contributing to any illegal activity or activity that violates the rights of others, (ii) content that is or could reasonably be considered illegal, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable; (iii) providing information that is false, misleading or inaccurate, (iv) disclosing any personal or proprietary information of another user or any other person or otherwise invading another person’s privacy, (v) abuse, harassment, stalking, threats, defamation or intimidation of any person or organisation, (vi) profanity or use of derogatory, discriminatory, hateful or excessively graphic language, (vii) any content that may harm minors, (viii) disseminating or supporting in any way hatred, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war, (ix) offensive, vulgar, sexually explicit or pornographic content, (x) promoting the use of alcohol, tobacco or any narcotic or illegal substance, firearms, (xi) transmitting software viruses, worms or any other type of malicious software, (xii) unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, (xiii) hacking, (xiv) infringement of any intellectual property right, or illegal provision/disclosure of information (confidential information, confidential information, etc.), (xv) other unacceptable content or behaviour.

United States Government – means the United States of America, its agencies and/or instrumentalities.

You (or “Your” or “User”) – means the person who uses our Services under this EULA and whose data is collected, stored, processed, used and shared in accordance with our Policy.

Your information – means your personal data and other related information further described in more detail in the Policy.

Licence to use our apps and its limitations

  • We grant you a non-exclusive, personal, limited, revocable and non-transferable licence to access, download and use the Apps only on your Devices, provided that you agree to comply with all the terms and conditions of this EULA. Please note that the Apps are licensed, not sold, to you. We own all rights, title and interest in the Apps and reserve all rights not expressly granted to you in this EULA.
  • You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy (except for a single backup copy), or in any other way transfer or grant rights in the Apps to third parties. You may not distribute or make the Apps available over a network where they could be downloaded or used by multiple devices at the same time, except when expressly permitted by the terms of the applicable Mobile Platform or authorised by us.
  • You may not use any automatic or manual device or process to interfere with the proper functioning of the Apps, except to remove our Apps from your Device.
  • You may not decompile, disassemble, reverse engineer or create derivative works of the Apps or any part of them. All modifications or improvements to the Apps remain our exclusive property.
  • Notwithstanding the terms and conditions of this EULA, the Open Source Software is licensed to you subject to the terms and conditions of the respective software licence agreements accompanying such Open Source Software.

Installation, access and use of our services

  • You are responsible for selecting the appropriate internet connection and/or for paying any related charges you may incur in order to access and/or use our Services. For the exact amount of the fees, service plans and other conditions of wireless connection or data services, you must enquire with your mobile operator or your internet service provider before accessing and/or using our Services. We do not guarantee that our Services can be accessed on all wireless service plans or in any particular location.
  • We do not guarantee that our Apps can be used (including the availability and operation of all features) and that our Services can be accessed on any Device.
  • You must make sure, before downloading the Apps, that they are available in one of your preferred languages. We do not guarantee that the Apps are or will be available in all languages.
  • When you purchase the Apps or related Services from a Mobile Platform, including subscriptions and in-app purchases, payment for such purchases may be processed by third parties on our behalf, or directly by the owner of the Mobile Platform. By purchasing the Apps or related Services, including subscriptions and in-app purchases, you agree that the digital content will be available immediately and you acknowledge that you will lose your rights to the 14-day cancellation period and to the refunds available to residents of the EU and the EEA. If you download the Apps from a Mobile Platform owner, before making the purchase from the Mobile Platform, please read and accept the terms and conditions of that Mobile Platform owner regarding your rights to cancel orders and obtain the related refunds.
  • Some of our apps may be available on a subscription basis. Subscriptions may be weekly, monthly, quarterly, half-yearly, yearly or seasonal. Payments for such subscriptions will be charged to your account upon confirmation of purchase. They may be processed by third parties on our behalf or by the owner of the Mobile Platform. The subscription will automatically renew for the same price and duration as the original subscription package chosen by you, unless you turn off auto-renewal: (i) in the case of Apple’s App Store, at least 24 hours before the end of the current subscription period, or (ii) in the case of the Google Play Store, at any time before the end of the subscription period. Your account will be charged for renewal within 24 hours before the end of the current subscription period (Apple), or at the end of the subscription period (Google) at the cost of the chosen package. You can manage subscriptions and turn off auto-renewal by going to your account settings after purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period. Some of our subscription services may be offered on a free trial basis for a certain period of time. You can cancel a subscription during its free trial period through the subscription setting in your account. This must be done 24 hours before the end of the free trial period (Apple), or at any time before the end of the free trial period (Google), otherwise it will be renewed as a paid subscription.
  • We do not guarantee the availability of our Services at any particular time or place. There may be times when our Services or a part of them are not available for technical or maintenance reasons, whether on a scheduled or unscheduled basis.
  • We have no obligation to make available updates, supplements or subsequent versions of the Apps. We reserve the right to modify or discontinue any part of the Services at our discretion, with or without notice. We may add or remove any feature of our Apps. If we release a new version of the Apps or make new features available, we may require you to update the Apps installed on your Device. Such updates may occur automatically or with notice. In the case of significant updates, supplements or new versions of the Apps, we may also ask you to read and accept our new EULA (applicable at that time) before you can install and start using the updated or new version of the Apps. If you do not accept the terms and conditions of the new EULA, you may not install or use the updated or new version of the Apps and you must stop using the Apps or the related Services and uninstall and remove the Apps from your Device. Any obligation we may have to support previous versions of the Apps will end upon the availability of significant updates, supplements or subsequent versions of the Apps.
  • The Apps may contain specific rules, controls and guidelines, which can be found within the Apps themselves and which relate to the use of the Apps. Such rules, controls and guidelines form part of this EULA and you agree to comply with them.
  • The features of the Apps may contain a data location feature, provided by the Third-Party Provider. This data location feature of the Apps is provided solely for basic navigation purposes necessary for the proper functioning of the Apps. Therefore, it is neither the intention nor the purpose of the Apps to be used as a navigation tool, where precise location data might be needed, and you are solely responsible for any damage, loss or injury arising from such misuse of the Apps. Neither we nor any Third-Party Provider guarantee the availability, timeliness, completeness or accuracy of the location data of the Apps.
  • The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help protect your personal information against unauthorised access or disclosure; however, we cannot guarantee that your personal information or private communications will always remain private when you use our Apps or the related Services. You accept all responsibility for such security risks and any damage that may result from them. It is also your sole responsibility to use all reasonable and recommended measures (such as strong passwords, etc.) to protect your Device from unauthorised access

Privacy

The use of the Balzo Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference.

User content and conduct

  • You must comply with the laws applicable to you in your country of residence and in any other location from which you download and install our Apps and/or access and use our Services. If the applicable laws restrict or prohibit you from using our Services, or part of them (certain features, characteristics, etc.), you must comply with such legal restrictions.
  • It is your responsibility and obligation to ensure that all the Content you provide to us when accessing and/or using our Services is and remains true, accurate and complete in all material respects and at all times.
  • You understand and agree that all the Content that may be submitted when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person who submitted the Content. This means that you, not we, are entirely responsible for all the Content that you may upload, communicate, transmit or otherwise make available through our Services.
  • It is your responsibility and obligation not to upload, communicate, transmit or otherwise make available any Unacceptable Content. If you are concerned that someone else is uploading or otherwise providing Unacceptable Content, please contact us by email at the following address: contact@balzo.eu
  • We do not control the Content posted through our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of such Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available through our Services.
  • We have the right to remove any uploaded Content from our Services if we reasonably decide, at our sole discretion, that it constitutes Unacceptable Content or that it could discredit us or our Services. You acknowledge that we may monitor the Content provided by the people who use our Services; however, we do not undertake to do so.

Links to third-party providers, and content and services provided by them

We may link to or provide access to the websites or services of Third-Party Providers from our Services, or our Apps may be provided in connection with the advertising, services and Content of Third-Party Providers. We are not responsible for the availability of such websites or resources of Third-Party Providers and we are not responsible or liable for any Content, advertising or service they provide. Any Content, advertising or service provided by such Third-Party Providers is subject to the terms of service and privacy policies found on the website of the respective Third-Party Provider and, where applicable, you must familiarise yourself with and accept the terms of service and privacy policies of such Third-Party Providers before using their services. We are not responsible or liable, directly or indirectly, to you in connection with any loss, damage or injury caused by or in connection with the use of any Content or service provided by Third-Party Providers. Any additional costs you may incur in connection with the use of the services of such Third-Party Providers are your responsibility.

Intellectual property

  • You acknowledge that all Intellectual Property Rights relating to our Services (with the exception of certain rights relating to Content provided by you or by other users of the Services) are owned by us or licensed to us, including but not limited to the Intellectual Property Rights in all trademarks, designs, texts, images, photographs, illustrations, audio or video clips, artworks, graphic materials, code, content, protocols, software and documentation provided to you in connection with the use of our Services. Intellectual Property Rights are protected by the respective international, EU, US and other relevant national laws on copyright, trademarks, patents and other proprietary rights, and laws relating to Intellectual Property Rights.
  • Your rights to access and use our Services (but not any related object or source code) are strictly and solely limited to those expressly granted under the licence as defined in detail in the section “Licence to use our Apps and its limitations” above and subject to compliance with all the provisions of this EULA. All rights not expressly granted herein are expressly reserved to us and our licensors, as the case may be.
  • You further acknowledge and agree that, except for the limited licence expressly granted to you under this EULA, you will have no other rights, ownership or proprietary interests in any of our Services, including, without limitation, your accounts and any data associated with your accounts. You must not copy, distribute, make available to the public or create derivative works from our Apps or the related Services or any part of them, unless agreed in writing by us.
  • You are solely responsible for any Content you contribute, submit, display, share or otherwise provide on or through the use of our Services. It is your obligation to ensure that such Content does not infringe any copyright or other Intellectual Property Rights, and you must own or have a licence to use such Content. By contributing, submitting, displaying, sharing or otherwise providing your Content through our Services, you: (a) represent that you have full right to do so; (b) grant us a non-exclusive, irrevocable, worldwide, royalty-free licence to modify, adapt, publish, reproduce, distribute, publicly display and use your contribution (Content) and any derivative work we may create from it, in any and all media (whether existing now or in the future), for any purpose, in perpetuity, without any payment to you; (c) acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your contribution, etc., or any similar right that may exist now or may be created in the future, and agree to waive such moral or similar rights that you may have in the Content; (d) agree that we have no obligation to monitor or protect your rights in any Content you may send us, and we will not be liable for any use or disclosure of it; (e) assume all risks in connection with the use of such Content by any person, including any risks relating to the disclosure of the Content (your contribution) that could make you personally identifiable or identify third parties; (f) represent and warrant that such Content does not constitute Unacceptable Content and in other respects complies with the rules of the section “User content and conduct” set out above by this EULA.
  • If you believe that your Intellectual Property Rights have been infringed by someone else on the internet, you can contact us by sending the following information by email to contact@balzo.eu: (a) a description of the Intellectual Property Rights and an explanation of how they have been infringed; (b) a description of where the infringing material is located; (c) your address and email address; (d) a statement by you, made under penalty of perjury, that (i) you have a good faith belief that the disputed use of the material in which you own the Intellectual Property Rights is not authorised, and (ii) the information you are providing is accurate, correct and that you are the owner of the Intellectual Property Right, or authorised to act on behalf of the owner of the Intellectual Property Right that is allegedly infringed; and (e) a physical or electronic signature of the person authorised to act on behalf of the owner of the Intellectual Property Right that is allegedly infringed.
  • Any download of our Apps and use of our Services must comply with all relevant international, United Nations, United States or EU restrictions and regulations relating to sale, export or import, and you agree to comply with them. You represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and that you are not listed on any United States Government or EU sanctions list of prohibited or restricted parties, and that you comply with the relevant United Nations and EU sanctions and embargoes.

Term, termination and survival

  • The licence under this EULA is effective for an indefinite period of time, until Balzo terminates it, or until you decide to terminate it by uninstalling and ceasing to use the Apps. The EULA, your rights and the licences contained therein will terminate automatically without notice if you fail to comply with any of the provisions of this EULA. Balzo reserves the right to suspend, discontinue, improve, update or otherwise modify the Apps (or any of their features or functionalities), or their availability to you, at any time without notice. Upon termination of the licence for the Apps, you shall cease all use of the Apps and the related Services.All provisions of this EULA relating to Privacy, Intellectual Property Rights, disclaimer, limitation of liability, indemnification, governing law and severability, waivers and dispute resolution shall survive termination.

Disclaimer

  • THE APPS AND RELATED SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALZO, ON ITS OWN BEHALF AND ON BEHALF OF ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD-PARTY PROVIDERS AND MOBILE PLATFORM OWNERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, BALZO DOES NOT WARRANT THAT THE APPS AND RELATED SERVICES AND THEIR QUALITY WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APPS AND RELATED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY KIND OF DAMAGE OR LOSS OF PROPERTY ARISING FROM THE USE OF OUR APPS OR RELATED SERVICES, OR DUE TO ANY UNAUTHORISED ACCESS OR OTHER ILLEGAL ACTIONS BY THIRD PARTIES, OR DUE TO ANY ERROR OR OMISSION IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSS ARISING FROM THE USE OF ANY CONTENT.