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General Conditions of Use – Loquis App

  1. Terms and Conditions
  1. These General Conditions (hereinafter: “General Conditions”) regulate the access and use by the User (hereinafter: the “User”) of our services and contents (hereafter: “Services”).
  2. The Services are made available by GeoRadio Srl – with headquarters in Rome, Via Adriano Balbi 20, 00176 and VAT no. 14571251009 – through the “Loquis” application (hereinafter: “Application” or “Loquis”), available for smartphones, tablets, virtual assistants, connected cars or other devices able to support their functionalities (hereafter referred to as “Device”).
  3. The User is obliged to carefully read these General Conditions before registering on the Application and in any case before using the Services. The use of the Services constitutes in any case implicit acceptance and without reservation of the General Conditions.
  4. GeoRadio Srl reserves the right to modify these General Conditions at any time and at its own discretion, giving notice to the User by publishing on its website, www.loquis.com, the updated version of the General Conditions, and the forwarding of an alert notification to the User’s account. Access to and/or continued use of the Services implies acceptance of the modified General Conditions.
  1. The Services
  1. The Services which include the Application, the audio contents and the website (hereafter “Services”), allow the User to listen to short personalized audio content, in push mode, without the need to interact with the screen of his own device.
  2. GeoRadio Srl may, at any time, withdraw Loquis from the market, activate new Services or additional functionality of the Application, providing for the User who decides to activate such services or features the payment of fees (hereinafter referred to as “Paid Services “).
  3. Paid services may be provided by GeoRadio Srl both in subscription mode (hereinafter: “Subscription services”) and in one-shot mode (hereinafter: “One-shot services”).
  4. Unless otherwise expressly agreed in writing, the Services are made available to the User solely for personal and non-commercial use.
  1. User’s Account
  1. The User will be able to benefit from the Application, with reduced functionality, without prior registration, or access to the complex of free functionalities available within the same prior to the creation and maintenance of an active personal account (hereafter: “Account”).
  2. In order to register an Account, the User will be required to: a. Enter your e-mail address in the appropriate box; b. Following receipt of an e-mail confirming registration, fill out the confirmation form Account present on Loquis, providing personal data (hereinafter: “Personal Information”) requested, or at least the mandatory ones marked with an asterisk, ensuring that they are complete and truthful; 1 c. promptly update the Personal Data so that these are constantly complete and truthful; d. read and accept the privacy policy by ticking the appropriate flag; is. accept the General Conditions by ticking the appropriate flag.
  3. The User warrants that any and all information provided in the context of the Account registration procedure referred to in this article 3, is truthful, exact, complete and updated. If the User provides false, non-current, incomplete Personal Data based on the discretional assessment of GeoRadio Srl, this will have the right to prevent the User from accessing the Services by deactivating and deleting the Account or any Account created by the User. In any case, in the case of conferment and/or use of personal data of others and/or false, the User is aware of being able to be prosecuted in accordance with the law.
  4. By entering a valid e-mail address, the User will receive from GeoRadio Srl, at the address indicated, an e-mail confirming the activation with the request to confirm his / her account by completing the attached form. Following the confirmation, it will be followed by GeoRadio Srl, the formal validation of the User.
  5. The User declares to assume full and exclusive responsibility for the security and secrecy of the credentials of access to the Services, as well as for all activities that occur on or through their Account. The User can not authorize third parties to use his Account or transfer or otherwise transfer his Account, therefore remaining solely responsible for the operations performed by third parties through the use of the Application and attributable to the User by virtue of his access credentials or through the use of his Device.
  1. License to use the Application
  1. The use of the Services is subject to the prior installation by the User of the Application on its Device.
  2. The Application is available for free on the App Store and Google Play Store, provided that the download and use of the same may involve the use of the mobile data connection. It is therefore understood that any costs charged to the User by its telephone operator for the use of data traffic are exclusively borne by the User and may vary based on their tariff plan. The application is supported by iOS 10 devices (or later) and by the most popular Android devices with version equal to or higher than Android 6, however some features may be limited depending on the model and version.
  3. Within the limits of these General Conditions, GeoRadio Srl grants to the User a license limited to the duration of the General Conditions, non-exclusive, non-transferable, non-transferable, revocable, free, to download, install and use the Application on its own Device for the purposes of use referred to in Article 2.
  4. The User acknowledges and accepts that the right of use license of the Application is granted in the version existing on the market at the time of download and acceptance of these General Conditions and that any interruptions of maintenance and support depend on the cycle of life of the Application itself.
  1. Restrictions
  1. It is forbidden for the User to:
  1. Decrypt, decompile or disassemble, modify, translate, perform reverse engineering activities, attempt to identify the source code or application protocols or any part thereof or functionality, unless exceptionally and expressly permitted or required by applicable laws;
  2. Remove, obscure or modify the General Conditions of the Application or any notice or link relating to these General Conditions or copyright notices or any other proprietary notice contained in the application;
  3. Reproduce, modify, prepare derivative works based on, distribute, authorize by license, lease, sell, resell, transfer, publicly display, broadcast, stream or otherwise exploit the Services and/or contents of the Application except as expressly permitted;
  4. Copy the contents of the Application avoiding the limits and obligations provided by the Licenses to which the contents are subject;
  5. Attempt to obtain unauthorized access to the Application;
  6. Posting, uploading or posting any content that is defamatory, libelous, reprehensible, violent, obscene, pornographic, illegal, or otherwise offensive on the Application;
  7. Without prior written consent, publish any commercial or non-commercial advertising on the Application;
  8. Violate any legitimate right of any third party.
  1. Obligations and responsibilities of the User
  1. With the acceptance of these General Conditions, the User undertakes to:
  1. use the Services in compliance with the laws and regulations in force, and in compliance with the rights of GeoRadio Srl and third parties, scrupulously adhering to these Terms and the technical instructions for use given by GeoRadio Srl;
  2. not disclose the credentials of access to the Services, thus preventing them from being used improperly or inappropriately and in any case remain responsible for any use thereof;
  3. do not take any action that may compromise the security of systems and/or devices to which the User has accessed through the Services or compromise, interfere with or interrupt the operation of the Application;
  4. do not interfere with the Services and do not attempt to access them using a method other than the interface made available by GeoRadio Srl or in violation of the instructions provided by GeoRadio Srl.
  1. The User undertakes to indemnify and hold indemnified GeoRadio Srl for any out-of-court dispute or legal action that may be brought by third parties regarding alleged violations of national or international laws committed by the User or with the latter’s competition through and/or in the use of the Services. The User undertakes to promptly inform GeoRadio Srl in writing if such a dispute or action should be brought against him, and in any case, he must assume responsibility for the possible litigation, sustaining all the costs and charges, also in the hypothesis where the contestation or the action proves to be subsequently groundless.
  2. The User undertakes to indemnify and hold indemnified GeoRadio Srl from any claim, request, loss, cost, burden, responsibility and / or prejudicial consequence deriving from the same actions and claims made by third parties against the latter, in dependence or in connection, with the use of the Application by the User in an improper way, with the User’s breaches of the obligations and guarantees deriving from these General Conditions or in any case concerning acts or facts that pertain to the User’s sphere , with the violation of the rights of any third party.
  1. Availability and suspension of the Services.
  1. The User acknowledges and accepts that the use of the functions related to the Application and/or the Services may be suspended or interrupted, in whole or in part, for reasons beyond the control of GeoRadio Srl, such as, by way of example but not limited to, slowing down, congestion and / or overloading of the system, of the internet access network, of telephone lines and computers that manage electronic traffic, tampering or illegal actions by third parties on services or equipment used by the Application, exceptional events, force majeure or fortuitous events.
  2. The functionalities related to the Application and the Services may also be subject to complete or partial suspensions or interruptions, in order to guarantee ordinary and extraordinary maintenance interventions pursuant to article 8 below, or in order to remedy faults, faults, defects, malfunctions to one or more elements of the infrastructure, as well as in case of emergencies or threats related to the security of the Services. In these cases, the suspension will take place, even in the absence of notice to the User, at the sole discretion of GeoRadio Srl, which will take care to restore the functionality of the Application and Services in the shortest possible time, to minimize the risk of discomforts of any kind, without implying any responsibility at their own expense.
  3. Without prejudice to the application of the following article 17, GeoRadio Srl reserves the right to suspend the Services, where there are reasonable reasons to believe that the Services are used by unauthorized third parties or there is reasonable grounds to believe that the Services are used illicitly and/or illegally by the User, reserving, however, the right to act, including in law, for the protection of his rights and compensation for any damage, both direct and indirect, including any damage to his reputation and that of the Services.
  4. Except for the cases in which GeoRadio Srl deems an immediate suspension necessary, GeoRadio Srl will provide the User with reasonable notice before suspending the Services.
  1. Maintenance
  1. By way of example, maintenance activities by GeoRadio Srl on the Application (“Maintenance”) may consist of interventions of:
  1. corrective maintenance, which includes interventions aimed at correcting malfunctions or errors of the Application (eg bugs), based on the tests and reports received;
  2. evolutionary maintenance, which includes all the interventions on the application made and decided independently by GeoRadio Srl, in order to improve its operation and usability, add new functions and features, adapt it to the evolution of legislation and the reference context (update).
  1. In any case, all Maintenance activities are provided on the basis of the corrections, adaptations, and evolutions of the Application that GeoRadio Srl decides to implement on the basis of its sole discretion and without any obligation regarding periodicity, timing, type or number of interventions to be carried out. Maintenance services will be provided through the methods that GeoRadio Srl will consider appropriate from time to time, such as sending updates that the user will have to install on their Device or new versions of the Application that will replace the one previous one.
  2. The User is obliged to install updates and adapt the Application by carrying out the interventions and following the instructions indicated by GeoRadio Srl, in order to be able to continue to use the Services on a regular basis.
  1. Guarantee
  1. GeoRadio Srl declares and guarantees that the Application and the Services related to it are not affected by faults that exclude or significantly diminish its potential use with respect to the relative description made available by GeoRadio Srl during the installation of the Application and activation of the Services.
  2. Without prejudice to the provisions of this article 9 and without prejudice to the mandatory limits of the law, GeoRadio Srl does not provide any further guarantee, express, implied or statutory. In particular, GeoRadio Srl does not guarantee that:
  1. the Application, Services, and contents are reliable, accurate, complete and in accordance with the User’s expectations or respond to the specific purpose pursued by them;
  2. the Services work without interruption, promptly or are secure or error-free;
  3. any error manifested by the Application and/or the Services is promptly corrected and/or removed.
  1. The User acknowledges and expressly accepts that the use of the Services takes place at its sole discretion and at its sole risk.
  1. Limitations of liability
  1. Subject to the mandatory limits of the law, GeoRadio Srl assumes no responsibility for damages of any kind and nature that may arise to the User as a result of the use and / or non-use of the Services.
  2. In particular, GeoRadio Srl assumes no responsibility for indirect damages (including but not limited to, loss of profits, business interruptions, lost profits) nor for the loss or inability to access or use. the data and/or information and for any other economic loss suffered by the User and/or third parties deriving from the use and/or non-use of the Services.
  3. In relation to payment services only, without prejudice to the mandatory limits of the law, the maximum limit of liability of GeoRadio Srl for any damage or loss, for any reason derived from the User or third parties in connection or in execution of these General Conditions, may in total exceed the amounts eventually paid by the User for Paid Services in the 6 (six) months prior to the occurrence of the event giving rise to liability.
  4. It is understood that GeoRadio Srl can not be held responsible in any way towards the User and / or third parties for malfunctions or faults relating to or resulting from misuse, negligence, accidents or misuse of the Application and / or Services ; from changes to the Application made by the User; use of the Application and / or Services not in compliance with the provisions of the General Conditions.
  1. Intellectual property rights
  1. All property rights, including intellectual property, on the Application and Services, on the functioning interface, on logos, on trademarks and on any distinctive sign of GeoRadio Srl or third parties, remain the exclusive property of GeoRadio Srl or of third parties who own it. The User undertakes to use the Services in compliance with these rights and the limits set forth in these General Conditions and guarantees that it will not violate the intellectual property rights of GeoRadio Srl and/or third parties.
  2. The User expressly acknowledges and agrees that all rights of economic exploitation on the Application remain the property of GeoRadio Srl, which grants it limited rights of use to the User.
  3. The User acknowledges and accepts that with the use of the Services does not become the owner of any intellectual property right on the Application, on the Services and/or on the contents accessed. The 5 application codes constitute the industrial secret of GeoRadio Srl and its possible assignors.
  4. These General Conditions do not give the User any right or interest in respect of trademarks, products, any project, intellectual or industrial property rights, patents, trade names, signs or slogans or any other distinctive sign of GeoRadio Srl with the consequence that the User is not entitled to their use, reproduction, processing, publication, diffusion and / or distribution, without the prior written authorization of GeoRadio Srl itself.
  1. User Content
  1. Some features of the Services allow the registered User to upload their own contents.
  2. The User accepts, uploading and sharing such contents through the Application, to assign all property rights, including intellectual property, on any data, image, audio or video recording, text message, digital file and, in general, any other data or information managed by the Services (hereinafter referred to as “User Content”) to GeoRadio Srl.
  3. The User acknowledges and accepts that nothing will be paid to him by GeoRadio Srl as consideration and/or reimbursement due to the provisions of the preceding article.
  4. Therefore, GeoRadio Srl will be free to use, host, store, copy, modify, distribute, create derivative works, publish and process User Content without further consent, notice and/or remuneration to the User.
  5. The User warrants, assuming sole responsibility, to provide only content that does not violate the law and / or the rights of third parties (including intellectual property rights).
  1. Other Contents
  1. The User acknowledges that through the Application will be able to access content uploaded by other Users that may be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful. The User accepts that GeoRadio Srl is not responsible for the contents uploaded by the other Users, as GeoRadio Srl is not in a position to examine all the uploaded contents nor can it always prevent the inadequate use of the Services.
  2. The User also assumes any responsibility that may derive from access or use of third-party applications or sites to which he has accessed through the Services.
  1. Changes to the Services
  1. GeoRadio Srl may at any time, at its discretion, modify, update, improve or change certain technical features of the Services, add and/or remove certain features of the same, as well as modify, update or change these General Conditions.
  2. GeoRadio Srl will communicate the changes made by publishing it on its website and forwarding an alert notification to the User’s Account.
  1. Charges
  1. The download and use of the Application are free.
  2. GeoRadio Srl, in light of the provisions of article 2.2 above, may activate Paid Services.
  3. The User who decides to activate the Paid Services accepts that the non-payment of the fees may cause the impossibility to access the Paid Services.
  4. Furthermore, the User accepts that:
  1. GeoRadio Srl stores the payment method chosen by the User at the time of activation of the Paid Services, authorizing GeoRadio Srl to use this method as the default choice in case of any further purchases;
  2. in the event of activation of paid services provided in subscription mode (hereinafter “Subscription Services”) GeoRadio Srl automatically charges at the beginning of each subscription period, unless expressly canceled by the User, the relative cost on the payment method stored on first use;
  1.  Any changes in the fees provided for the subscription services will be applicable only at the time of renewal of the subscription Services themselves, as provided for in Article 16 below.
  1. Duration, renewal and withdrawal
  1. The duration of these General Conditions is indeterminate. From the moment of the installation of the Application, the User will be able to use the Application within the limits and the conditions governed by these General Conditions and it will be the User’s responsibility to download and update the Application.
  2. The User can uninstall the Application from his Device at any time.
  3. Paid services will run from the date of activation and will have an indefinite duration, except for what is provided for the subscription Services in the following paragraph.
  4. Subscription Services, upon expiration, unless expressly requested to terminate by the User, will automatically renew for the same period initially envisaged.
  5. The User, pursuant to article 52 of Legislative Decree 206/2005 “Consumer Code”, may withdraw from the Subscription Services within 14 days of their activation by written notice to be sent to the following email address: GeoRadio Srl.
  6. GeoRadio Srl may, at any time, withdraw at no cost and without anything being due to the User, save the return of any fees paid in advance, from these General Conditions with 30 (thirty) days notice in writing User.
  1. Termination clause
  1. GeoRadio Srl reserves the right to terminate these General Conditions, by means of a simple written communication to the User, pursuant to and for the purposes of article 1456 of the Italian Civil Code, if the User himself fails to fulfill even one of the obligations provided for in the following articles: 5 (restrictions); 6 (obligations and responsibilities of the User); 11 (intellectual property rights); 15 (fees).

  1. Notifications
  1. The User accepts that all notices and notices provided for by these General Conditions may be sent to him, alternatively and at his own discretion, by: (1) a notice within the Application (2) a message sent to the addresses provided by User at the time of registration (eg e-mail address, mobile number, postal address).
  2. The User agrees to keep their contact information up-to-date, assuming all responsibility in this regard.
  3. The User may at any time disable the receipt of notices and/or communications by accessing the “Notifications” section of his Device.
  1. Communication of security incidents
  1. GeoRadio Srl undertakes to communicate to the User promptly, and in any case within 72 hours from the moment in which it has become aware of any security incident. For the purposes of this article 19, a security incident means any security breach that also involves the destruction, loss, modification, unauthorized disclosure or access to Personal Data and confidential information as defined in the following article 21. GeoRadio Srl: i) will investigate the causes of the security incident; ii) provide the User with a detailed report with the description of the security incident and the data affected by it.
  2. The obligation of GeoRadio Srl to communicate to the User the security incidents occurring, pursuant to this article 19, does not constitute and can not in any way be understood as an admission of responsibility with respect to the occurrence of the security incident.
  3. The User undertakes to promptly notify GeoRadio Srl of any improper use of the account or authentication credentials or any security incidents concerning the Services.
  1. Disclosure of User Content
  1. Except as necessary for the provision of the Services, GeoRadio Srl will not disclose the User Content to the outside unless i) there is no legal obligation in this regard; ii) the disclosure is made upon request or with the consent of the User. GeoRadio Srl will immediately notify the User of any request for disclosure of the User Content from a judicial or police authority unless there is an express prohibition of the law or a provision of authority.
  1. Confidentiality
  1. GeoRadio Srl undertakes, for itself, for its own personnel and for any external collaborators employed during the performance of the activities referred to in these General Conditions, to maintain the utmost confidentiality on any confidential information (hereinafter: “Confidential Information”) of which he or she should have knowledge in consequence or during the Services. For Confidential Information we mean all data and information exchanged between the parties, communicated by one of them to the other or known in consequence or during the Services, regardless of whether they contain the words “Confidential”, “Confidential” or other equivalent indications. All information that is, or become, in the public domain can not be considered as Reserved.
  1. Subcontracting
  1. GeoRadio Srl may subcontract part of the Services to third parties, who will process the User Content only to provide the services for which they were commissioned by GeoRadio Srl and with the prohibition to use them for any other further or different purposes.
  2. It is understood that GeoRadio Srl will remain directly responsible to the User regarding the provision of the Services.
  1. Applicable law and jurisdiction
  1. The law applicable to the General Conditions is the Italian law. The application of the mandatory regulations specifically aimed at Users who hold the quality of consumers is always made.
  2. For any controversy regarding the interpretation, execution and / or validity of these General Conditions will be exclusive jurisdiction, even by way of derogation from the rules relating to territorial jurisdiction, the Court of Rome.
  3. For all Users who hold the quality of consumers will be competent the Court in whose district has its domicile the User who covers this quality in accordance with Legislative Decree no. 206/2005 (so-called Consumer Code).

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the User declares to have read, understood and expressly accept the following provisions of the General Conditions: article 3.3 (User Account); Article 4 (License to use the Application); article 5 (Restrictions); article 7 (Availability and suspension of the Services); Article 8 (Maintenance); Article 9 (Guarantees); Article 10 (Limitation of Liability); Article 16 (Duration, renewal, withdrawal); Article 24 (Applicable law and jurisdiction).

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