The following terms constitute the end user license agreement (“EULA”) that is a legally binding agreement between you (“You” or “Your”) and TrueScreen S.r.l., Via della Zecca 1, 40121 Bologna – Italy (“Developer,” “us,” or “our”). This EULA governs the use of the TrueScreen mobile application (the “Licensed Application”).

By downloading or using the Licensed Application You fully agree to this EULA and all terms contained herein, to the broadest extent allowed by applicable law and you agree to comply with and be bound by any applicable third party licenses or terms (e.g., those pertaining to the application store(s) through which the Licensed Application is made available) when using the licensed application. If You do NOT agree to all terms and conditions of this EULA you are not legally allowed to use the Licensed Application, and You must immediately delete the Licensed Application from your device.

Questions, complaints or claims with respect to this EULA should be addressed to privacy@truescreen.app

All personal data shall be processed by the Developer in accordance with the Licensed Application’s Privacy Policy.

You and Developer acknowledge and accept that (i) the provisions of this EULA shall not be deemed to set an agreement between You and Apple Inc. or its subsidiaries (collectively, “Apple”) in any manner whatsoever, (ii) Developer is solely responsible for the Licensed Application and the content thereof, (iii) Apple and its subsidiaries are third party beneficiaries of this EULA, therefore Apple and its subsidiaries shall have the right and are deemed to have accepted the right to enforce this EULA against You as a third party beneficiary thereof.

The Developer may update the Licensed Application and/or this EULA from time to time. In such a case, the Developer will take appropriate measures to inform You, by means proportionate to the relevance of the changes. By continuing to access or use Licensed Application after updates become effective, You agree to be bound by the updated EULA.

According to this EULA, the Developer grants You a non-transferable license to use for personal and non-commercial use the Licensed Application 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 Licensed Application 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 Licensed Applications on any device that You do not own or control.

Please consider that the Licensed Application is neither assigned nor sold to You and You are allowed to use it strictly within the boundaries and according to the terms set forth by this EULA. You do not acquire any ownership rights by using the Licensed Application.

The Developer reserves all rights not expressly granted to You hereinafter or within any different license agreement which may be applicable to You.

You may not:

· distribute or make the Licensed Applications available over a network where it could be used by multiple devices at the same time, except that such Licensed Application may be accessed and used by other accounts associated with You via Apple Family Sharing;

· rent, lease, lend, sell, redistribute or sublicense the Licensed Application 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 Licensed Applications, 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 Licensed Applications). Any attempt to do so is a breach of the rights of the Developer and its licensors, if any.

If You breach these restrictions, You may be subject to prosecution and damages. The terms of this license (or any update/amendment thereof) will govern any upgrade provided by the Developer that replaces and/or provide additional features to the Licensed Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license shall prevail over this EULA.

You acknowledge and accept to comply with applicable third party terms of agreement related to the use of the Licensed Application.

The Licensed is intended for users over the age of 18. You may access and use the Licensed only if you are 18 years of age or older of if you have the consent/authorization of your guardian.

Developer may suspend or terminate your access to the licensed application in its 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 EULA or any additional instructions, guidelines or policies incorporated herein by reference.

This EULA shall be effective starting from the date that You accept the same expressly or by installing or otherwise using the Licensed Application and shall terminate on the date of Your disposal of the Licensed Application, except for earlier termination in accordance with this EULA. It is understood that in no event the (early) termination of the access to the Licensed Application or any related service shall give you the right to any reimbursement.

Your rights under this license will terminate automatically if You attempt to circumvent any technical protection measures used in connection with the Licensed Application. Also, this license will be terminated by the Developer should You fail to remediate Your breach(es) of the terms of this EULA within 15 days from the receipt of a proper notice by the Developer. Upon termination of the license, You shall cease all use of the Licensed Application and delete all copies, full or partial, of the Licensed Application.

The Licensed Application may also enable access to certain virtual goods to be used within the Licensed Application and/or the services provided through the same. The purchase of these virtual goods shall be final and non-refundable and you acknowledge that, except if it is expressly allowed, the transfer of the same is prohibited. You acknowledge that (i) the Developer may modify or eliminate virtual goods at any time, without notice, and (ii) in case of termination of this EULA, you will have no right on the virtual goods for any reason whatsoever.

Neither the Developer, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Licensed Application.

To the maximum extent permitted by applicable law, the Developer and/or its licensor retain all right, title and interest in and to the Licensed Application and any content of the same, including, but not limited to, all 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 Licensed Application or any content of the same is being transferred or assigned hereby, and this EULA 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 the Developer 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.

To the extent not prohibited by law, in no event shall the Developer be liable for any third party claim arising from your non-compliance with this EULA and/or any applicable law. By downloading, accessing, or using the Licensed Application You shall defend, indemnify and hold the Developer harmless from any claim, damage, loss, cost, fee, or other liability borne by the Developer in relation to or arising out of: (i) Your non-compliance with this EULA, (ii) Your use of the Licensed Application, (iii) Your violation of any applicable law, and (iv) Your violation of the rights of any third party.

You and Developer agree that as between Developer and Apple, Developer, not Apple, is responsible for addressing any claims by You or any third party relating specifically to the Licensed Application or Your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application 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 Licensed Application’s content or use of the HealthKit and HomeKit frameworks (if applicable). Developer acknowledges and agrees that, in the event of any third party claim that the Licensed Application or Your possession and use of that Licensed Application infringes a third party’s intellectual property rights, Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You expressly acknowledge and agree that:

·         The material contained in the Licensed Application may contain inaccuracies and typographical errors;

·         the Licensed Application (and all updates thereto) contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for enjoying the use of the Licensed Application. No portion of the Licensed Application may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensed Application in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Licensed Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Developer is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Licensed Application;

·         Your use of the Licensed Application is at Your sole risk (including, for example, the entire risk as to satisfactory quality, performance, accuracy and effort). To the maximum extent permitted by applicable law, the Licensed Application is provided “as is” and “as available”, with all faults and without warranty of any kind, and the Developer hereby disclaims all warranties and conditions with respect to the Licensed Application either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Developer does not warrant against interference with your enjoyment of the Licensed Application, that the functions contained in, or services performed or provided by, the Licensed Application will meet Your requirements, that the operation of the Licensed Application will be uninterrupted or error-free, or that defects in the Licensed Application will be corrected. No oral or written information or advice given by the Developer or its authorized representatives shall create a warranty.

·         Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

In any case, the Developer shall be solely responsible for (i) addressing any claim relating the Licensed Applications, including any third party’s intellectual property claim; and (ii) providing any maintenance and support service with respect to the Licensed Application as required under this EULA and/or applicable law. You and Developer acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the Licensed Application.

You acknowledge and agree that in the event of any failure of the Licensed Application to conform to any applicable warranties, You may notify Apple and require refund of the purchase price of the Licensed Application. You and Developer acknowledge and agree that to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Developer’s sole responsibility.

To the extent not prohibited by law, in no event shall the Developer, or its licensor, be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the application provider has been advised of the possibility of such damages.

In no event shall the Developer’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Some jurisdictions do not allow the limitation of certain types of damages, in which case some of the limitations above may not apply to you. The above limitations or exclusions do not affect Your statutory consumer rights in Your applicable jurisdiction (e.g., pursuant to the Italian Legislative Decree no. 206/2005, “Italian Consumer Code”).

You are solely responsible for payment of any costs or expenses incurred as a result of downloading and using the Licensed Application, including any wireless, network, data usage, and roaming charges.

The Licensed Application may not work with all devices or all mobile carriers. Developer makes no representations that the Licensed Application 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 Licensed Application, 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.

You may not use or otherwise export or re-export the Licensed Applications and/or the Services except as authorized by the relevant applicable laws. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, nor will you export or re-export the Licensed Application to such countries; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You will not export or re-export the Licensed Application to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

You also agree that You will not use these products for any purposes prohibited by Italian law and other relevant applicable laws.

The laws of the Italy, excluding its conflicts of law rules, shall govern this EULA and your use of the Licensed Applications and Services.

Any controversy or claim arising out of Your use of the Licensed, this EULA, and/or our Privacy Policy shall be submitted, at Developer’s discretion, before (i) Your domicile’s competent Court; or (ii) the Courts of Milan, Italy.

The Developer may assign this EULA or any right set out herein, in whole or in part, without Your consent, to any person or entity at any time (notwithstanding the Licensed Application are transferred). You may not assign or delegate any rights or obligations under this EULA without the Developer’s previous consent, and any unauthorized assignment and delegation by You is void.

Any failure by the Developer to exercise or enforce any of its rights under this EULA does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of the Developer.

Upon expiration, termination, or cancellation of this EULA, those provisions which, by their nature would continue beyond expiration, termination, or cancellation, will survive.

If any provision, or part thereof, of this EULA is found to be unlawful, void or for any reason unenforceable, that provision, or the affected part thereof, shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this EULA as possible. Any unaffected provision of this EULA shall remain in full force and effect.