Terms of Service

Effective date: April 1, 2024

These Terms of Service (the “Terms”) govern your access to and use of the services provided by Bending Spoons Operations S.p.A. ("us", "we", or " Bending Spoons") namely the mobile applications where these Terms are posted, their websites, email notifications, and any and all related Services (collectively, the “Services”). These Terms also govern your access to any information through the Services (the “Content”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.

CONTENTS

  1. AGREEMENT

  2. AGE REQUIREMENT

  3. GRANT OF LICENSE

  4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

  5. FEATURES & FUNCTIONALITY

  6. CONTENT ON THE SERVICES

  7. SECURITY

  8. REGISTRATION/PASSWORDS

  9. UNINSTALL/ REMOVAL OF AN APP

  10. CONSENT TO USE OF DATA AND USER REVIEWS

  11. INTELLECTUAL PROPERTY

  12. COPYRIGHT

  13. TERMINATION

  14. DISCLAIMER OF WARRANTY

  15. LIMITATION OF LIABILITY

  16. INDEMNIFICATION

  17. EXPORT CONTROLS

  18. NOTICE TO US GOVERNMENT END USERS

  19. JURISDICTIONAL AVAILABILITY

  20. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION

  21. HOW TO CONTACT US

  22. SUPPLEMENTAL TERMS

A. AGREEMENT

These Terms are a legal agreement between you and Bending Spoons. By using the Services, including installing and/or downloading any of our mobile applications (each an “App” and collectively the “Apps”), you: (a) agree to be bound by these Terms, (b) you represent and warrant that you have the right, authority and capacity to enter into these Terms; and (c) you own or control the mobile device by which you are accessing the Services. These Terms also apply to any App updates, supplements, and services made available by Bending Spoons that are not provided under a separate license or other agreement with us. If you do not agree to these Terms, do not install or use any App or Services. We may amend these Terms from time to time and will notify you of any update to the Terms that materially impact your use of the Services or your rights or obligations. Such notification may be through an in-app notification or website notice. Your continued use of the Services after we post any amendments to these Terms will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Services (including any Apps). If you have any questions or concerns regarding these Terms, please contact support at the email provided in Section U below. Do not use the Services until your questions and concerns have been answered to your satisfaction and you agree to abide by these Terms. Notice to consumers Depending on the laws of the jurisdiction where you live, you may have certain rights that are in addition to these Terms, and certain provisions of these Terms may be unenforceable as to you. To the extent that any term or condition of these Terms is unenforceable to you, the remainder of these Terms shall remain in full force and effect. Use of the Services is subject to the Privacy Policy, which is hereby incorporated into these Terms by reference. These Terms also include any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download any Apps. The Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Apps if you download or install the Apps through such marketplaces.

THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND BENDING SPOONS AGREE TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. (SEE SECTION 20 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION).) YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS FROM THE DATE WHEN THESE TERMS ARE NOTIFIED TO YOU; INSTRUCTIONS FOR OPTING OUT ARE IN SECTION 20 (DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION) BELOW.

B. AGE REQUIREMENT

You must be 13 years of age (or 16 in the EEA) or older to install or use the Bending Spoons Apps.

C. GRANT OF LICENSE

Subject to your compliance with these Terms, Bending Spoons grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and/or install the most current generally available version of the software provided to you as part of the Services solely for your lawful, personal, and non-commercial use.

D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Services or use the Services for the benefit of any third party. Unless expressly authorized by Bending Spoons, you are prohibited from making the Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Services, except to remove our Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our Services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Services, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Services in any way. You do not have the right to and may not create derivative works of any Services or any portions thereof. All modifications or enhancements to the Services remain the sole property of Bending Spoons.

‍Updates. We reserve the right to add or remove features or functions to existing Services. When installed on your mobile device, the Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Terms before you will be permitted to use any updated versions of the Services. You acknowledge and agree that any obligation we may have to support previous versions of the Services may be ended upon the availability of updates, supplements or subsequent versions. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or updated versions of the Services.

‍Access. You must provide at your own expense the equipment, internet connections, devices and service plans to access and use the Apps. If you access an App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Apps from your device. Downloading, installing or using certain Apps may be prohibited or restricted by your network provider and not all Apps may work with your network provider or device. Bending Spoons makes no representation that the Apps can be accessed on all devices or wireless service plans. Bending Spoons makes no representation that the Apps are available in all languages or that the Apps are appropriate or available for use in any particular location.

Purchases & Cancellation Rights.

Subscriptions. You may purchase certain Services on a subscription basis. Some Services may offer different subscription levels (e.g., free, pro or premium) or subscription periods (e.g., weekly, monthly, yearly).  Payment for a subscription may be processed in-App, through a third-party mobile platform owner (e.g. Apple or Google) or directly through Bending Spoons and its third party payment processor.

You may be offered a free trial of a subscription to our Services for a limited period of time. You are free to cancel a free trial subscription via the subscription setting in your iTunes or Android account, or if you went through one of our websites, by logging in on the applicable website to manage your subscriptions. Please note: your free trial subscription will automatically renew as a paid subscription for the applicable subscription period unless you cancel at least 24 hours before the end of the free trial subscription period or, if you purchased through Google, before the end of the trial period.

If you subscribed for our Services by purchasing and installing an App through a third-party mobile platform owner (either through the third-party platform or in-App), you may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account. If you subscribed for our Services directly through our website, you may cancel your subscription at any time by logging in to manage your subscriptions on the applicable website.

All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will be effective as of the end of that month. There are no refunds on subscriptions once the charge has gone through for the billing period.

Paid Applications. Certain Apps may be available for one-time purchase (no recurring subscription) through either the Apple App Store or Google Play Store. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge that if you are resident in the European Union and purchase an App from a mobile platform owner, you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. You may uninstall paid applications at any time at your discretion. All purchases of paid applications are non-refundable.

‍Automatic Renewal; Recurring Charges. Paid subscriptions to the Services are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic and recurring billing, and you agree to pay the charges made to your account in connection therewith. You will be billed on a recurring basis at the then-current applicable subscription price plus any applicable taxes at the start of each new subscription period. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation Section of this Agreement.

E. FEATURES & FUNCTIONALITY

The various features and functionalities made available through the Services may change from time to time and are provided by Bending Spoons and third-party suppliers (the "Third Party Partners") who offer Content and/or services in conjunction with or through the Services and other users who may share Content on through their use of the Services. The Services may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Bending Spoons, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed through the Services.

F. CONTENT ON THE SERVICES

User Content. The Apps may allow users to submit and post Content that will be made public and available to other App users (“User Content”).  You are responsible for your use of the Services and for any User Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide User Content that you are comfortable sharing with others. Bending Spoons may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Bending Spoons’ sole discretion. Bending Spoons may terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.

You agree that you shall not post or share User Content on the Services that Bending Spoons deems Objectionable Content. “Objectionable Content” includes, but it not limited to:

  • Commercial in nature (including advertising or solicitations);

  • Infringes the intellectual property rights of others;

  • Is unlawful, defamatory, libelous or infringes the privacy rights of others;

  • Presents a risk to a person’s security, health or safety, including minors;

  • Entices criminal or unlawful behavior;

  • Falsely states or implies that such User Content is endorsed or sponsored by Bending Spoons or any of its Third Party Partners;

  • Is vulgar, threatening, or considered hate speech intended to offend or harass individuals or a group of individuals based on race, ethnicity, national origin, disability, religious affiliation, sexual orientation, sex, or gender identity;

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

  • Is otherwise in contravention of these Terms.

You represent and warrant that you own or have the necessary rights in and to the Content that you post, including the right to post or share the User Content publicly through the Services and to permit Bending Spoons to publish and use such User Content as contemplated by these Terms. By submitting User Content to Bending Spoons you are hereby granting Bending Spoons and its users an irrevocable, worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferrable license to copy, distribute, use, print, publish, republish, reformat, translate, modify, revise and incorporate into other works, prepare derivative works of and display in public in the Apps or in any form of media or expression. The User Content you submit to Bending Spoons may be used by Bending Spoons commercially at Bending Spoons’ sole discretion.

‍Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.

We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as these Terms; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Bending Spoons, its users, or members of the public or (v) to report a crime or other offensive behavior.

‍Third-Party Services and Content. The Services may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an App that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. Our Services may provide access or links to Third Party Partner websites or resources. Bending Spoons has no control over such websites and resources, and you acknowledge and agree that Bending Spoons is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Bending Spoons shall not be responsible or liable, directly or indirectly, for any Third Party Partner Content, including any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Partner content, goods or services available on or through the Services or any such Third Party Partner website or resource. Bending Spoons will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.

G. SECURITY

The Services, like other consumer technologies, may not be 100% secure. By accepting these Terms you acknowledge and accept that the Services may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing any device used to access the Services from unauthorized access, including by such means as using complex password protection and enabling device encryption when available through settings on your device. You agree that Bending Spoons shall not be liable for any unauthorized access to your account or devices.

H. REGISTRATION/PASSWORDS

Registration. Some Services may not require a registration: however, some Services will permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by these Terms and you should refer to the relevant Third Party Partner's website for their policies.

‍Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.

‍Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate your use of the Services, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in these Terms and in furtherance of your use of the App and our services, in accordance with the Privacy Policy.

I. UNINSTALL/REMOVAL OF AN APP

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Apps, please use the application manager provided with your device or consult your device manual for reference. Please remember if you have a paid subscription to an App, uninstalling will not cancel your recurring payments. See our cancellation instructions above for more information.

J. CONSENT TO USE OF DATA AND USER REVIEWS

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Services. We may use this information in accordance with the Privacy Policy.

Additionally, if you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use your app reviews for promotional purposes, you will be able to elect for us not to do so by contacting the support email in Section U below (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.

K. INTELLECTUAL PROPERTY

The Services, including all Content, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Bending Spoons are Bending Spoons’ property or the property of Bending Spoons’ licensors, and are protected by Austrian, U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Services. All rights not expressly granted hereunder are expressly reserved to Bending Spoons and its licensor.

Bending Spoons and any names, logos and affiliated properties, are the exclusive property of Bending Spoons or its affiliates. All other trademarks appearing through the Services, including in any App, are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

L. COPYRIGHT

Copyright/Submissions. You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display. Bending Spoons respects and expects its users to respect the rights of copyright holders. On notice, Bending Spoons will act appropriately to remove content that infringes the copyright rights of others. Bending Spoons reserves the right to disable the access to Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an App, or elements, infringe your copyright rights, Please contact Bending Spoons’ Legal Team at:

Bending Spoons Operations S.p.A.
Via Nino Bonnet 10
20154 Milano
Italy
Attn: Legal Department
Email: legal@bendingspoons.com

Please ensure your communication includes the following:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the App;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For other support please see Section U.

M. TERMINATION

Your rights under these Terms will terminate immediately and automatically without any notice from Bending Spoons if you fail to comply with any of the terms and conditions of these Terms. You understand that Bending Spoons, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Services at any time. Further, Bending Spoons, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Services, including any Apps or any of the component features of the Services. You agree that Bending Spoons shall not be liable to you or any third-party for any termination or disabling of the Services. Promptly upon expiration or termination of these Terms, you must cease all use of the Services and destroy all copies of the Services, including any Apps in your possession or control. Termination will not limit any of Bending Spoons’ other rights or remedies at law or in equity. Sections J – S, and any Supplemental Terms of these Terms shall survive termination or expiration of these Terms for any reason.

N. DISCLAIMER OF WARRANTY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, BENDING SPOONS, ON BEHALF OF ITSELF, AND ITS PARENT, AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, BENDING SPOONS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE BENDING SPOONS PRODUCTS AND SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APPS WILL MEET YOUR EXPECTATIONS. BENDING SPOONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

O. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT  BENDING SPOONS  AND ITS PARENTS, AFFILIATES AND THIRD PARTY PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, 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  BENDING SPOONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL BENDING SPOONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

P. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS  BENDING SPOONS, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY BENDING SPOONS OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Q. EXPORT CONTROLS

The Services and the underlying information and technology are subject to U.S. and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the Apps.

R. NOTICE TO US GOVERNMENT END USERS

Any Services used or Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "Commercial Items," as those terms are defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

S. JURISDICTIONAL AVAILABILITY

Bending Spoons does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

T. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOUR AND OUR ABILITY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND US FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THE PARTIES ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW IN THE SECTION BELOW TITLED “OPTING OUT OF ARBITRATION” IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.

Claims Subject to this Section. The dispute resolution and binding arbitration terms in this Section T apply to all Claims between you and us. A “Claim” is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory for which either party wishes to seek legal recourse and that arises from or relates to these Terms or our Services, including any related to privacy or data-security or to the formation, validity, enforceability, revocability, performance, breach, or scope of the Terms or arbitration agreement or any portion of it or arising out of or relating to interpretation or application of the Terms or arbitration agreement.

Informal Dispute Resolution Prior to Arbitration. If you have a Claim against us or if we have a Claim against you, you and we must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties. You and we will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms.

You will send any Claimant Notice to us by certified mail addressed to Via Nino Bonnet 10, 20154 Milano, Italy or by email to bspoperations@legalmail.it. We will send any Claimant Notice to you by certified mail or email using the contact information you have provided to us or via reasonably available means of notice if you have not provided certified mail or email contact information to us. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, telephone number, and any relevant purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. The Informal Resolution Period is intended to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or we cannot initiate arbitration before the end of the Informal Resolution Period. If you or we file a Claim in court or initiate arbitration without first providing a compliant Claimant Notice and waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court or arbitrator to enjoin the filing or arbitration and seek damages from the party that has not followed the informal dispute-resolution process to reimburse it for any costs and fees—including arbitration, attorney, and expert fees—incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Information Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or us, including any disputes in which you or we seek injunctive or other equitable relief for the alleged unlawful use or infringement of your or our intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property but are jointly filed with IP Claims, that are not resolved in accordance with the above section will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury.

Binding Individual Arbitration. Subject to the terms of this section, Claims may only be adjudicated by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by these Terms.

If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules apply to Claims between you and us, as modified by these Terms. For Claims that must be arbitrated by AAA, if you are not a “Consumer,” the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures apply to Claims between you and us as modified by these Terms.

These Terms affect interstate commerce, and the enforceability of this Section T will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy or relief that would otherwise be available in court, including the power to determine the question of arbitrability.

Arbitration Procedure and Location. You or we may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM (or with AAA if applicable pursuant to the above section).

Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to us by certified mail addressed to Via Nino Bonnet 10, 20154 Milano, Italy or by email to bspoperations@legalmail.it. We will send any demand for arbitration to you by certified mail or email using the contact information you have provided to us or via reasonably available means of notice if you have not provided certified mail or email contact information to us.

The arbitration will be conducted by a single arbitrator in the English language. You and we both agree that the arbitrator will be bound by these Terms.

For Claims in which the claimant seeks USD $10,000 or less, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks more than USD $10,000, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and we agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award and any judgment confirming it apply only to that specific case; they cannot be used or offered as precedent in any other case except to enforce the award itself. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Arbitration Fees. Except for circumstances outlined in the two sections below, each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs and fees incurred by the defending party—including arbitration, attorney, and expert fees—related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed for any improper purpose, such as to harass the responding party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

Offers of Settlement: Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party rejected, that party must pay all arbitration costs and fees incurred by the other party after the written settlement offer was made.

One Year to Assert Claims. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU OR US AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR WE WILL NO LONGER HAVE THE RIGHT TO ASSERT THAT CLAIM.

Confidentiality. If you or we submit a Claim to arbitration, you and we agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and we agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in these Terms. You or we may advise the other of your or our belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter.

COORDINATED CLAIMS MAY ONLY BE FILED IN ARBITRATION AS PERMITTED BY THE BELLWETHER PROCESS SET FORTH BELOW. APPLICABLE STATUTES OF LIMITATIONS WILL BE TOLLED FOR CLAIMS ASSERTED AS COORDINATED CLAIMS FROM THE TIME A COMPLIANT CLAIMANT NOTICE HAS BEEN RECEIVED BY A PARTY UNTIL THESE TERMS PERMIT SUCH COORDINATED CLAIMS TO BE FILED IN ARBITRATION OR COURT.

The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.

After that point, counsel for the parties shall select 20 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its claims and arguments. Each side shall select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process.

A single arbitrator shall preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator’s fee paid for by us. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution of all remaining Coordinated Claims, the arbitration requirement in this Section T shall no longer apply to Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether proceedings. Such Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section T.

To the extent you are asserting the same Claim as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.

If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days from the date when these Terms are notified to you by providing us with notice of your decision to opt out via email at bspoperations@legalmail.it or by certified mail addressed to Via Nino Bonnet 10, 20154 Milano, Italy. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. If you opt out of this updated arbitration clause and were previously subject to an arbitration clause in effect prior to this updated arbitration clause, then that prior arbitration clause shall remain as the agreement between us. If you are a new user and did not previously consent to the prior arbitration clause and you choose to opt-out of this updated agreement, then we will also not be bound by this updated arbitration clause.

Rejection of Future Arbitration Changes. You may reject any change we make to Section T (except address changes) by sending us notice of your rejection within 30 days of the change via email at bspoperations@legalmail.it or by certified mail addressed to Via Nino Bonnet 10, 20154 Milano, Italy. Changes to Section T may only be rejected as a whole, and you may not reject only certain changes to Section T. If you reject changes made to Section T, the most recent version of Section T that you have not rejected will continue to apply.

Severability. If any portion of this Section T is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section T or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section T; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section T is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section T will be enforceable.

Governing Law. The laws of Austria, without regard to conflict of laws principles, shall govern all matters relating to or arising from these Terms, and the use (or inability to use) the Services.

If you reside in the European Union, you may use Online Dispute Resolution (“ODR”). ODR offers an out-of-court solution to disputes connected to online transactions: http://ec.europa.eu/consumers/odr/

No failure or delay by Bending Spoons in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. If any provision of these Terms shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

U. HOW TO CONTACT US

If you have any questions about these Terms, please contact us by email or postal mail as follows:

Our support team can be contacted at https://support.bendingspoons.com/

‍Bending Spoons Operations S.p.A.
Via Nino Bonnet 10
20154 Milano
Italy

V. SUPPLEMENTAL TERMS

YouTube. Certain Services may incorporate or provide you with access to YouTube content. By using such Services, you agree that you will comply with YouTube’s Terms of Service available here.

‍Apple App Store. By accessing the Services through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:

  • These Terms are between Bending Spoons and you; Apple is not a party to these Terms.

  • The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install our Apps on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.

  • Apple is not responsible for our Apps or the content therein and has no obligation whatsoever to furnish any maintenance or support services with respect to any of our Apps.

  • In the event of any failure of an App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

  • Apple is not responsible for addressing any claims by you or a third party relating to the App, our Services or your possession or use of the App and Services, including without limitation (a) product liability claims; (b) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

  • In the event of any third-party claim that an App or your possession and use of the App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.

  • You represent and warrant that (a) 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; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

  • Bending Spoons expressly authorizes use of the Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.

Windows Phone Store. By downloading on of our Apps from the Windows Phone Store, you specifically acknowledge and agree that:

  • You may install and use one copy of the App on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.

  • You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Can't find what you’re looking for?
Contact us.