TERMS OF SERVICE

1)USING OUR SERVICES:

Welcome to Loix.it and thank you for using our services made available through the website www.loix.it and related applications

The services on the site www.loix.it and related applications are provided by Innovina s.r.l., located in Italy, Via Greto di Cornigliano 6R n.22, Genova. Before starting using all our services please read these terms carefully. These terms comprise also our Privacy Policy that you have to read and accept before starting to use our service.

Please note that the website www.loix.it and related applications is designed to grant access also through Facebook and Google plus but it’s not part of them. So, if you access through Facebook or Google plus you will be bound to their terms of services. The App of Loix is available both on the IOS and Android market and has been published following the IOS and Android requirements.

By using our services, you are agreeing to these terms and you are bound by them. You also will have to follow any policies made available to you within the service.

So if you do not agree to be bound by the terms, please do not access the site or download the App. These terms will apply to all the services, both the free ones and the ones you pay for.

These terms constitutes a binding legal agreement between you and Innovina s.r.l.. The use of our services is regulated by these terms and you, user, are bound to them. To use our services you must be 18 or older. So if you are not old enough please do not access.

Services are defined as access or registration on our website or any use of our website www.loix.it, related web pages, applications and plug-ins.

User is defined as anyone who visits, accesses, registers on our site www.loix.it or uses our web pages, applications or plug-ins.

The services may display content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review the content to view if it’s illegal or violates our policies and we may remove or refuse to display content that we believe it violates our policies or the law.

The use our Services does not give you ownership of any intellectual property rights in our Service or the content you access. You may not use any content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our service. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

We may send you service announcements or other information or administrative message in relation to your use of the service.

2) AGE AND SERVICE RESTRICTIONS:

Use of the service is restricted to those individuals over 18 years of age. You must have full power and authority to sign up to this Agreement. The services of Loix are not available in the U.S.A..

By using our services you hereby represent that you are over 18 years of age and have full power and authority to enter the terms herein. If you do not qualify or do not agree to these terms, you may not use the site.

You are not allowed to use our service for advertising or for any other commercial use.

You are granted access to our service just for personal purposes and will be able to use them only accordingly to these terms and for the purposes specified on the website and the APP.

3)USER ACCOUNT

In order to fully use our services you will have to register for a personal account on the site (“USER ACCOUNT”). In order to do so you will be required to provide your information. You represent that all information provided by you is true, accurate, current and complete. You will be asked to provide us your data and an exclusive access to your account will be given to you as the person who will actually use our service, although we can’t control your identity and you will therefore be responsible and liable for any abuse or misuse.

The use of the service is restricted as specified under n. 2.. By using our services you hereby represent that you are over 18 years of age and have full power and authority to enter the terms herein. If you do not qualify or do not agree to these terms, you may not use the site.

All the information and data you will provide will be treated accordingly to our Privacy Policy which is part of these terms.

You will access our services by registering on our site and we will provide you username and a password. You will be held fully responsible for what happens on your account.

You will be able to register also through your Facebook and Google Plus account and in this way you will be asked to grant us access to your personal information as it will be required by the website or the App when you register. You will be of course bound by Facebook and Google Plus policies and terms of services as well.

You can have and maintain only one account and you are responsible for giving accurate and up to date personal data and information, including but not limited to your name and location. Your account will be assigned only to you and will be strictly personal. The account is provided only to individuals for their personal use and not to companies for their employees’ use. You agree not to share access to your account and to keep your username and password safe.

You are allowed to have only one account and you agree not to create multiple accounts.

To use our services as a company, you will need our specific written consent and agreement. In order to have a specific agreement companies can contact our team at: info@innovina.it

Any misuse of the service is prohibited. It is considered a misuse, for example: using other users’ accounts; letting other people use your code for an offer or discount if this is only for you; letting other people access to your account; send to other people spam or not appropriate messages; sell or rent your account; access your account in any other way than the one provided by our Service (for example scraping, spidering or crawling).

If you don’t comply with our Terms or Policies or if we are investigating suspected misconduct we may suspend or stop providing our Services to you.

If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of your account and of the services.

In case you learn an unauthorized access to your account, CONTACT US at: info@innovina.it immediately.

You understand and specifically agree to this clause.

4) USE AND MISUSE

By using our services you agree to be bound by our Terms and Policies of the service and not to misuse any of our services.

You can use the service only as permitted by us and by the law . You cannot, for example, interfere with our system, sell or rent our services, access our service either than with your personal account, create false or multiple identities, letting other people use your code for an offer or discount if this is only for you, abuse in any way our services. You will be held responsible in case you misuse or abuse our Services.

If you access through Facebook or Google Plus we will assume you are actually the person whose account you use to sign in.

When you are using your account you are liable for the content you submit and will be the only one in charge of deciding which people in your network you want to contact and be responsible for it.

You understand and specifically agree to this clause.

5) INDEMNIFICATION

You agree to indemnify, defend and hold harmless Innovina s.r.l. from any and all claims, liabilities, expenses and damages, including reasonable attorney’s fees and costs, made by third party relating or arising out of (a) your use of the services in violation of the terms,(b) your violation of any law or rights of any third party, or(c) for any information or data or content that you make available on the site, including without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights or(d)any use or misuse you can do of our service.

You understand and specifically agree to this clause.

6)PRIVACY POLICY , DATA PROTECTION AND COOKIES

Your data will be treated as explained in our Privacy Policy to which you agree by using our Service. Our Privacy Policy has to be considered in full part of these terms.

Only the personal data that you will be giving to us will be collected. Some of the information you voluntarily will provide us, may contain personal identifiable information. All the data you will give us will be considered as given under your consent. You may not give other people’s personal data without their consent.

You have to read our full Privacy Policy before you decide to use our services. The full Privacy Policy is part of these terms to which you agree to by using our Services.

You acknowledge that all the data you are providing to us are given by you with your consent. You also understand that any of the information that you provide concerning other people is given by you with their consent. We have to presume so and you will be the only responsible for the data you'll provide.

We make it possible on your account to check the Privacy settings and to change them, so please be sure you check and review them. It’s your responsibility to keep the Privacy settings accurate.

We also may gather Non Personal Information such as, among other things, which pages of our site were visited, when they were visited. We may log your IP address, operating system or browser. Although this is not personal identifiable information we may be able to determine the geographic location of the user connectivity point.

For the use of Loix App with full functionality geolocalisation is needed and so you will be asked to have your GPS on. If you don’t turn it on only limited functionalities will be available.

Loix App is designed to let you know commercial offers around you, so to use the App you specifically understand and consent that Innovina s.r.l. will be using your data to send you commercial offers.

In the Privacy Policy you are given the information about the use of your data and your rights as regulated under the Italian legislation.

This is also valid as “information to the data subject” under the Personal Data Protection Code (Legislative Decree no. 196 dated 30 June 2003, Italian Legislation), as better explained in the full Privacy Policy, which you are required to read because it is in full part of these Terms of Service.

You understand and specifically agree to this clause.

7)ABOUT SOFTWARE IN OUR SERVICES

When a service requires or includes downloadable software, this software may update automatically on your device once a new version is available.

You may not copy, modify, distribute, sell or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.

8) USE OF YOUR ACCOUNT

Our services will be available to you by accessing the website, or through a mobile application, according with these terms. You will have to comply to these terms to be able to use our services and the access we grant you is revocable at any time, not sublicenseable. As provided in par 9) we can terminate our services at any time without notice. You, as well, can stop using our service with no notice. If you are using a payment service your obligation for the price of the service for the past will remain valid even if you decide to stop using our services. Any misuse of our services is prohibited.

9)MODIFICATION AND TERMINATION OF THE SERVICE

We often change, improve, modify our service. We can change or modify it with no notice at all times. We provide our Service to you as described on our website or on the Loix App download pages: www.loix.it. The changes will be posted on the website.

We can modify the price of our services and the change will be posted on our website. Payment users will be posted of any change in service or in price relevant for them to the email they provided upon registration 14 days before the change and the new price will only apply after 30 days.

We can terminate the service at any time with no notice. You can, as well, terminate your account with no notice by following the instructions on our website or by contacting us at: info@innovina.it. In case of payment by subscription you’ll be given notice at the email you provided upon registration and you will be entitled to a refund for the period you couldn’t use the service because of our termination of the Service. You’ll have to claim your refund within 60 days from the email notice you’ll receive.

Please note that when you terminate the account we close your account and delete your information but have no control on information that you shared through our site or that other people copied and stored from our website.

You understand and specifically agree to this clause.

10) CANCELLATION RIGHT

If you are a consumer according to the Italian legislation (Consumer Code, Legislative Decree n. 206 dated 6 september 2005 and subsequent changes)and exclusively for the payment service we provide, you have the right to terminate the contract and have your money back if you give us a communication via e-mail at the address provided in “contacts” on our website or at : info@innovina.it within ten days from the registration day and only if our service has not yet been provided to you.

You understand and specifically agree to this clause.

11)DISCLAIMER AND LIMITATION OF LIABILITY FOR OUR SERVICES

We provide our Services using a commercially reasonable level of skill and care but there are certain things that we don’t promise about our Services.

We don’t make any specific promise about the service, we don’t give any warranty on the reliability, availability or ability of the service to meet your needs.

We do not warrant that our services will meet your requirements or expectations or achieve the intended purposes. We give no warranties as for the availability or suitability of the service, nor that the service will be uninterrupted, timely, secure or error-free.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non –infringement. To the extent permitted by law, we exclude all warranties. You understand and agree that the service is provided “as it is”.

You acknowledge and agree that any access or use of our services is at your own risk.

We won’t be responsible for any lost of profits, data, revenues, financial direct or indirect, special, consequential, exemplary or for punitive damage arising out or in any way connected to our service.

To the extent permitted by law, the total liability for us and our suppliers and distributors for any claim under these terms, including any implied warranties is limited to the amount you paid to us. The total liability arising out or related to the use of our service is limited to € 10(ten euro) or to the amount of the fee paid by the user in the past 12 months of use, whichever is greater. If you only used our free service, we won’t be liable for any claim.

You agree that any cause of action related to our services must commence within 1 year after the cause of action accrues. Such cause of action will be otherwise permanently barred.

You acknowledge and agree that the warranty disclaimers and the limitation of liability set forth in these terms reflect a reasonable and fair allocation of risk between you and Innovina s.r.l. and that these limitations are an essential basis to make the services of Loix available to you on an economically feasible basis.

In all cases we, our suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We cannot check the identity of people subscribing for our services and we decline any responsibility and liability for any possible abuse or misuse of identity.

We recognize that in some countries, you might have legal right as a consumer. If you are using our Service as a consumer then nothing in these terms limits any consumer legal rights which may not be waived by contract.

You understand and specifically agree to this clause.

12) CLAIMS

For any problem or not satisfaction with our services, please contact us: info@innovina.it. Claims to be refunded for payments have to be done within 45 days from the day of the execution of the payment you claim the refund for (e.g. : payment done on December 1st, claim has to be submitted by January 14th).

We try to satisfy you with our Services, but in case you are not satisfied with our Services and you submit a claim to us, we will consider it and will offer you a refund if we accept your claim.

You understand and specifically agree to this clause.

13)BUSINESS USE OF THE SERVICE

Please note that our Services, as regulated by these terms, is addressed and intended for individuals and not for Companies. To use our Services as a Company you need to sign up for a specific agreement with us.

If you want to use our services for your organization then you need a customized set up we can provide you with. Please just contact us at: info@innovina.it.

If you are using our services on behalf of a company or an organization or a business, that company, organization or business accepts these terms and the additional ones we have to agree upon. It will hold and indemnify us from any claim, suit or action arising out or related to the use of the Service or violation of these terms, including any liability or expense arising out or related to claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.

You understand and specifically agree to this clause.

14)WAYS OF PAYMENT

In order to buy any of our services, you will be able to pay through PayPal as explained on our website. We don’t store your credit card information. We leverage PayPal security. You agree to pay the fees due for the service you subscribe for as described specifically on our website. If you terminate your account or don’t want to use the service anymore, the fee will still be due for the service and if the fee is due for a subscription period the fee is due until the end of your subscription also if you terminate your account.

You agree to receive an electronic receipt for your payment which will be sent to the email address you provided. If you are Italian, when you perform the payment, you will be asked your “codice fiscale” as requested by the Italian law.

If you are more than 30 days behind with your payments to us we can withdraw the service and we will give you a 7 days notice via email.

You understand and specifically agree to this clause.

15)ABOUT THESE TERMS

We may modify these terms at all times or apply additional terms for the use of our services. You should check the terms regularly. Any change will be posted on this page. Unless requested by law, the changes will not be retroactively applicable and will become effective only after fourteen days after they are posted.

If you do not agree to the modified terms, you should discontinue your use of the service.

We may also alert you by the email you gave us upon registration in case the changes affect a service you are paying for.

In case of difference or conflict the new terms will apply.

These terms regulate the relationship between you, the user and us, Innovina s.r.l., for the services on the site www.loix.it and related applications, and do not create any other rights for third parties.

Please note that the website www.loix.it and related applications are tailored on Facebook or Google plus but are not part of them.

If you don’t comply to the terms and we don’t take action right away, this doesn’t mean that we waive any of our right, such as to take action in the future.

If any particular term turns out that is not enforceable, this will not in any way affect any other terms.

You understand and specifically agree to this clause.

16)JURISDICTION CLAUSE AND FORUM SELECTION

The services on the site www.loix.it and related applications are provided by Innovina s.r.l., located in Italy. You agree that the Italian Law will govern these terms and that any claim arising out or relating to these terms or the services will be subject to the Italian jurisdiction and litigated exclusively by the Italian judge of the Court of Genova.

You understand and specifically agree to this clause.

17)TRANSLATION

This is an accurate translation of the Terms of Service in Italian which in case of claim or litigation will be considered the official and binding ones (link to the Italian Terms of Service).

You understand and specifically agree to this clause.

18) COPYRIGHT POLICY

We respond to notices of alleged copyright infringement. We ask that a notice contains the same requirements set out by the Digital Millenium Copyright Act, and we will act accordingly to the Italian Law in case of copyright infringement. Notice and counter-notices should be sent to us at: info@innovina.it

We suggest that you consult your legal advisor before filing a notice.)

AGREEMENT TO SPECIFIC AND RECALLED CLAUSES

Please note, before you accept these terms, that you have to read by paying special attention and agree specifically, under art. 1341, par. 2 and art. 1342 of the Italian Civil Code, the following clauses of these terms of Services:

n.3) User account; n.4) Use and misuse; n.5) Indemnification;n.6) Privacy Policy and data protection; n. 8)Use of your account; n. 9)Modification and Termination of the service; n. 11) Disclaimer and limitation of liability for our services; n. 12) Claims; n. 13) Business use of the service; n. 14) Ways of Payment; n. 15) About these terms; n. 16) Jurisdiction clause and forum selection; 17) Translation.

Please note also that by registering and accepting these terms of service you’ll be bound by them, so take your time to read them carefully and contact us if you have any question or would like to ask us for a different agreement.