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These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Angelo Cirillo (Developer), (“we”, “us”, or “our”) governing the use of the Smokee iOS mobile application (our “App”). 1. TERMS OF USE 1.1. The provisions set out in these Terms govern your access to and your use of our App and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our App. 1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our App on these Terms. 1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our App, you agree and acknowledge that: 1.3.1. you are at least 18 years of age and not a minor in your country of residence; 1.3.2. you have read the terms set out in these Terms and agree to be bound by and comply with them; and 1.3.3. you shall ensure that all Users of your Account abide by these Terms. 1.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account. 1.5. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our App or your Account at any time, or remove or edit content (including content submitted by you) on our App or on any of our affiliated websites (including social media pages). 1.6. We reserve the right to change, modify, suspend, or discontinue any portion of the App or any other products, App, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties. 1.7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our App or any of our affiliated websites to advertise, promote or market any products or App of any third party or yourself. 1.8. The following additional terms also apply to your use of our App and form part of these Terms: 1.8.1. Our Privacy Policy 1.8.2. Our End User License Agreement. 2. UPLOADING CONTENT TO OUR APP 2.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our App complies with our Privacy Policy, and any applicable laws. 2.2. You are fully responsible for your content uploaded to our App. We will not be responsible, or liable to any third party, for: 2.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our App; or 2.2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data. 2.3. We will only use the content uploaded by you for the purposes of carrying out the App, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority. 2.4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the App and our response to users of the App. 2.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their rights under applicable law. 3. INTELLECTUAL PROPERTY RIGHTS 3.1. You acknowledge that all intellectual property rights in our App anywhere in the world belong to us, that rights in our App are licensed (not sold) to you, and that you have no rights in, or to, our App other than the right to use them in accordance with these Terms. 3.2. Any intellectual property rights in content uploaded by you to our App shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the App, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the App and our responses to users of the App. 3.3. You acknowledge that you have no right to have access to our App in source code form. 3.4. Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged. 4. WARRANTIES 4.1. While we make all efforts to maintain the accuracy of the information on our App, we provide the App and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. 4.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the App, the Related Content, or electronic communications sent by us are free of viruses or other harmful components. 5. LIMITATION OF LIABILITY 5.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our App and any Related Content. You expressly agree that your use of the App is at your sole risk. 5.2. You agree not to use the App and the Related Content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the App or any other website or software) for: 5.2.1. loss of profits, sales, business, or revenue; 5.2.2. business interruption; 5.2.3. loss of anticipated savings; 5.2.4. loss or corruption of data or information; 5.2.5. loss of business opportunity, goodwill or reputation; or 5.2.6. any other indirect or consequential loss or damage. 5.3. Nothing in these Terms shall limit or exclude our liability for: 5.3.1. death or personal injury resulting from our negligence; 5.3.2. fraud; and/or 5.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability. 5.4. Our App is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content. 5.5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the App. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. 6. INDEMNITY You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our App, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 7. OTHER IMPORTANT TERMS 7.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. 7.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 7.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms. 7.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it. 7.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 7.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 7.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Italy. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Italy.