Last modified: December 18, 2021
The following terms constitute the Terms of Service (“ToS”) that is a legally binding agreement between you (“You” or “Your”) and AI4res, Via Pastrengo 3, 25128 Brescia, Italy, VAT 03950500987 ("AI4res", “us,” or “our”). This ToS governs the use of:
1. ACCEPTANCE OF TERMS OF SERVICE
All personal data shall be processed by AI4res in accordance with the App’s Privacy Policy.
You and AI4res acknowledge and accept that (i) the provisions of this ToS shall not be deemed to set an agreement between You and Apple Inc. or its subsidiaries (collectively, “Apple”) in any manner whatsoever, (ii) AI4res is solely responsible for the Apps and the content thereof, (iii) Apple and its subsidiaries are third party beneficiaries of this ToS, therefore Apple and its subsidiaries shall have the right and are deemed to have accepted the right to enforce this ToS against You as a third party beneficiary thereof.
We reserve the right, at Our sole discretion, to change, modify or otherwise alter these ToS at any time. You must review these ToS on a regular basis to keep Yourself informed of any changes.
AI4res may update the Website, the Apps and/or this ToS from time to time. Continued use of the AI4Res Apps and Website after any such changes shall constitute Your acceptance of such changes.
To the extent applicable, and to the extent it is not already specified, the following provisions referred to the Apps shall also apply to the Website.
By accessing, downloading, installing, or using the AI4Res Apps and Website, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these ToS, which You acknowledge to have read and understood.
2. SCOPE OF LICENSE
According to these ToS, AI4res grants You a non-transferable license to use for personal and non-commercial use the Apps on any Apple-branded device that You own or control and in accordance with all applicable laws and Apple’s guidelines on the use of the Apps rendered available on its App Store, including the Apple Media Services Terms and Conditions (“Apple’s Usage Rules”), except that the Apps may be accessed and used by other accounts associated with Your account via Apple Family Sharing or volume purchasing.
This license does not allow You to use the Apps on any device that You do not own or control.
Please consider that the Apps are licensed, not sold, to You for use only under the terms of this ToS.
AI4res reserves all rights not expressly granted to You hereinafter or within the different license agreement. You may not:
- distribute or make the Apps available over a network where it could be used by multiple devices at the same time, except that such Apps may be accessed and used by other accounts associated with You via Apple Family Sharing;
- rent, lease, lend, sell, redistribute or sublicense the Apps or use them for any commercial purpose;
- copy (except as expressly permitted by this license and Apple’s Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Apps and/or Services). Any attempt to do so is a violation of the rights of AI4res and it's licensors, if any.
If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by AI4res that replace and/or supplement the Apps, unless such upgrade is accompanied by a separate license, in which case the terms of that license shall prevail over this ToS.
You acknowledge and accept to comply with applicable third party terms of agreement related to the use of the Apps.
3. TERM AND TERMINATION
AI4res MAY SUSPEND OR TERMINATE YOUR ACCESS TO THE APPS IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE IF WE SUSPECT THAT YOU ARE IN VIOLATION OF, OR REASONABLY LIKELY TO BE IN VIOLATION OF, ANY PROVISIONS OF THIS TERMS OF SERVICE OR ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES INCORPORATED HEREIN BY REFERENCE.
This ToS shall be effective starting from the date that You accept the same expressly or by installing or otherwise using the Apps and/or Website, and shall terminate on the date of Your disposal of the Apps, except for earlier termination, executed in accordance with this ToS. Upon installation or expiration of a free trial offer (if applicable), You will be charged the applicable subscription fees (if any) for Your use of the Apps.
Upon expiration of the initial term of Your subscription, whether such subscription is weekly, monthly, quarterly, yearly, or otherwise, Your subscription will automatically renew for recurring subscription periods of the same duration unless and until you affirmatively cancel Your subscription. Cancel any time through (i) Your account within the Apps; or (ii) if you purchaseD a subscription through the Apple app Store, you may cancel your subscription by selecting Subscriptions in your Apple App Store Account settings and selecting the subscription you want to modify, or according to the current process outlined by apple App Store. It is understood that the validity of this ToS and the validity of any purchase associated with the Apps or Website shall be considered independently from each other, meaning that (i) the termination of such associated purchase shall not affect the validity of this ToS and (ii) the termination of this ToS shall not affect the validity of such associated purchase.
Your rights under this license will terminate automatically if You attempt to circumvent any technical protection measures used in connection with the Apps and/or Website. Also, this license will be terminated by AI4res should You fail to remediate Your breach(es) of the terms of this ToS within 15 days from the receipt of a proper notice by AI4res. Upon termination of the license, You shall cease all use of the Apps and destroy all copies, full or partial, of the Apps.
4. MODIFICATIONS AND INTERRUPTIONS
AI4Res reserves the right at any time to modify or discontinue, temporarily or permanently, the AI4Res Website, the Apps licensing with or without notice. You hereby agree that AI4Res shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the Apps and Website. Although AI4Res will take reasonable care in ensuring that the AI4Res Website and Apps are up to date, they may be out of date at any given time, and AI4Res is under no obligation to update them.
5. INTELLECTUAL PROPERTY RIGHTS
To the maximum extent permitted by applicable law, AI4res and/or its licensor retain all right, title and interest in and to the Apps and any content of the same, including, but not limited to, all data, parameters, copyrights, trademarks, logos, trade secrets, trade names, service marks, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, characters names, stories, dialog, settings, artwork, sound effects, musical works, and any and all moral rights, whether registered or not, and all applications and derivative works thereof. You hereby acknowledge that no title or ownership in the Apps, the Website or any content of the same is being transferred or assigned hereby, and this ToS is not to be construed as a sale of any rights in the same nor as granting, by implication or otherwise, any license or right to use any right of AI4res and/or its licensor without the written permission of the rights holder.
Apple, App Store and related trademarks, service marks, names and logos are the property of Apple, Inc.
6. DISCLAIMERS
IF YOU ACCESS AND USE OUR AI4Res WEBSITE AND APPS, YOU DO SO AT YOUR SOLE RISK. THE AI4Res WEBSITE AND APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AI4Res EXPRESSLY DISCLAIMS, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN CONNECTION THEREWITH, INCLUDING, AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
AI4Res MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE AI4Res WEBSITE AND APPS WILL MEET YOUR REQUIREMENTS; (ii) THE AI4Res WEBSITE AND APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AI4Res WEBSITE AND APPS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED BY OR AVAILABLE TO YOU THROUGH THE AI4Res WEBSITE AND APPS WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
DOWNLOADING OR OBTAINING ANY MATERIAL THROUGH THE USE OF THE AI4Res WEBSITE AND APPS SHALL BE DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.
COMMENTARY AND OTHER MATERIALS POSTED BY AI4Res WEBSITE AND APPS ARE NOT INTENDED TO BE CONSIDERED TO BE RELIABLE ADVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AI4Res WEBSITE AND APPS OTHER THAN INFORMATION DIRECTLY RELATING TO THE PURCHASE, SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS, AND AI4res DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED UPON SUCH MATERIALS BY ANY VISITOR OR USER OF AI4Res WEBSITE AND APPS OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS SERVICES OR CONTENT.
7. INDEMNIFICATION
To the extent not prohibited by law, in no event shall AI4res be liable for any third party claim arising from your non-compliance with this ToS and/or any applicable law. By downloading, accessing, or using the Apps, or by accessing or using the Website in any manner whatsoever, You shall DEFEND, indemnify and hold AI4res harmless from any claim, damage, loss, cost, fee, or other liability borne by AI4res in relation to or arising out of: (i) Your non-compliance with this ToS, (ii) Your use of the Apps and/or Website (including the content and information that You publish or display), (iii) Your violation of any applicable law, and (iv) Your violation of the rights of any third party.
You and AI4res agree that as between AI4res and Apple, AI4res, not Apple, is responsible for addressing any claims by You or any third party relating specifically to the Apps or Your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s content.
8. LIMITATION OF LIABILITY
You expressly acknowledge and agree that AI4Res shall not be liable for any direct, indirect, commercial, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AI4Res has been advised of the possibility of such damages) regardless of the form of action, whether in contract, tort, strict liability or otherwise, including, without limitation, in relation to: (i) the use of or the inability to use the AI4Res Apps and Website; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received from AI4res; (iii) any other matter relating to the AI4Res Apps and Website.
You expressly acknowledge and agree that the material contained in the Apps and the Website may contain inaccuracies, errors, dated parameters and information, typographical errors.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the AI4Res Apps and Website, must be filed within one (1) year of such claim or cause of action.
9. MOBILE AND INTERNET SERVICE FEES
You are solely responsible for payment of any costs or expenses incurred as a result of downloading and using the Apps, including any wireless, network, data usage, and roaming charges.
The Apps may not work with all devices or all mobile carriers. AI4Res makes no representations that the Apps will be compatible with or provided by all mobile carriers. In the event that You incur third-party service provider fees in connection with downloading and using the Apps, or for products or services provided by any third-party service providers, You agree to pay such costs and expenses to the respective party in exchange for Your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which You will be required to agree to prior to Your use of such services.
10. GENERAL INFORMATION
Any failure by AI4res to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision.
If any provision of the ToS is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the ToS remain in full force and effect. The section titles in the ToS are for convenience only and have no legal or contractual effect.
You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under this ToS. AI4res may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under this ToS to any third party at any time without Your consent.
The ToS and the relationship between You and AI4res shall be governed by the substantive laws of Italy. All disputes in connection with this ToS are to be resolved by the Court of Brescia in Italy.