Terms of Service Please read carefully: These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“you” or “your”) and Bending Spoons S.p.A., with offices in Corso Como 15, 20154 Milan, Italy, REA No. MI – 2056926, and VAT No. 08931860962 (collectively with its successors in interest and permitted assigns, “Bending Spoons,” “we,” “us” or “our”). These Terms govern your access and use of our websites where these Terms are posted (the “Site”), our mobile applications (the “App”), and our related content, products, and services (collectively, and together with the Site and the App, “Product” or “Products”). By downloading, installing or using the Products in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable specific, supplemental or third-party licenses or terms when using any Product. These Terms contain provisions that govern the resolution of claims you may have, disclaimers of certain warranties, automatically renewing subscriptions, and certain limitations on our liability. If you do not agree to all terms and conditions in these Terms, do not access and immediately stop using the Products, and immediately delete any copies of the Products in your possession. These terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the one most favorable to the consumer will prevail. Changes to Terms and Products We may update these Terms from time to time. In such cases, we will take appropriate measures to inform you in accordance with the significance of the changes performed, for example, by providing you reasonable notice of the proposed changes via email or as a pop-up or push notification within the Products. It is your responsibility to review the Terms regularly, and to check the Product for updates to these Terms regularly. By continuing to access or use our Product after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Products, uninstall and delete any copies in your possession and cancel your subscription. We may also update, change, suspend or discontinue any of the Products (or any part, content or feature) at any time for justified or business reasons. In such cases, if reasonably necessary or if required by applicable law, we will notify you via email or as a pop-up or push notification within the relevant Products to the extent and as soon as practically possible. Some products and features may not be available in all countries or in all languages. Privacy Please refer to our Privacy Policy for information on how we process your personal data. Eligibility You may access and use the Products only if you are capable of entering into a legally binding agreement with Bending Spoons. App End User License Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to download, install and use a copy of the App on a permitted device that you own or control, for your personal and non-commercial purposes, subject to section 6 (Prohibited Uses) of these Terms. Except as expressly permitted by these Terms and the terms applicable to the mobile application store where we make the App available (each, a “App Marketplace”), you cannot: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or make available the App; or (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, alter, mimic, adapt, translate, or create derivative works of the App, any updates, content 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 source components included with the App). Subscriptions, Auto Renewals, Changes to Fees and Withdrawal Right We may offer free trials in our sole discretion. Upon installation or expiration of a free trial offer (if applicable), you will be charged the applicable subscription fees (if any) for your use of the Products. Upon expiration of the initial term of your subscription, whether such subscription is weekly, monthly, quarterly, yearly, or otherwise, your subscription will automatically renew for recurring subscription periods of the same duration unless and until you affirmatively cancel your subscription. You can cancel your subscription or automatic renewals any time in your account settings with the App Marketplace according to the policies of each App Marketplace. Uninstalling a Product will not result in the cancellation of your subscription. If you have begun a subscription period and you then decide to cancel your subscription during such period, you will not receive a refund for the fees you already paid for such subscription period, and you will continue to be able to use the Products for which you subscribed until the end of such subscription period. We may change the applicable subscription fees at any time for justified or business reasons and the new fees will apply starting from the next subscription period. In such cases, we will inform you of the new fees with reasonable notice via email or as a pop-up or push notification within the Products. If you do not agree with the new fees, you will have the statutory right to cancel your subscription following the instructions above. Changes to the subscription fees will not apply retroactively. If you are a consumer resident in the European Economic Area, you may exercise your statutory right of withdrawal within 14 days of signing up for or upgrading to subscription in your account settings with the App Marketplace, according to the policies of each App Marketplace. The validity of these Terms and the validity of any purchase associated with the Products will be considered independently from each other, meaning that the termination of such associated purchase will not affect the validity of these Terms, and the termination of these Terms may not affect the validity of such associated purchase. Prohibited Uses You agree that you will not, and will not permit any person accessing the Products using your account to: Use the Products in any manner not permitted by these Terms. Use the Products for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others. Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content, or any content that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Copy (except as expressly permitted by these Terms) or modify the Products. Frame, mirror, display or incorporate the Products or any portion into any other program, site, service or product. Use the Products in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services. Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Products. Circumvent, bypass, defeat, modify, tamper or disable any content protection system, digital rights management, security feature or functionality in the Products. Allow others to do any of the foregoing. In accordance with section 14 (Withdrawal and Termination), we reserve the right to suspend or terminate your access to the Products if we suspect that you are in violation of, or reasonably likely to be in violation of, any provisions of these Terms. Our Intellectual Property Rights We or our licensors retain and exclusively own all rights, title and interest in and to the Products and their content (including software, artwork, photos, videos, music, sounds, text, information and other materials posted, provided or otherwise made available through the Products), including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Products. The Bending Spoons name, the Bending Spoons logo, and other Bending Spoons trademarks, service marks, graphics, and logos used in connection with the Products are trademarks or registered trademarks of Bending Spoons. We reserve all rights not expressly granted to you under these Terms. Your Content We do not claim any ownership rights to the photos, videos, sounds, text, contest entries, and other content that you import into or create with the Products in connection with or through your use of the Products (collectively, the “User-Generated Content”). The Products or Promotions (as defined below) may provide features that allow you to submit, upload, communicate, publish or otherwise make publicly available User-Generated Content. By submitting, uploading, communicating, publishing or otherwise making available any User-Generated Content, and unless we indicate otherwise, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferrable license to publish, use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute or otherwise make available all User-Generated Content, or any portion thereof, in any media or technology now known or later developed, as well as to use your name, likeness, and other identifying indicia ("Name and Likeness") as shown and conveyed in the User-Generated Content, through any medium or format, in any way permitted under applicable law and in accordance with our Privacy Policy, including for advertising, marketing, and promotional purposes. You will not be entitled to compensation for any use by us, or our agents, licensees or assignees, of User-Generated Content. You acknowledge and agree that you have no right to review or approve how the User-Generated Content or Name and Likeness will be used. We will have no obligation to publish or use or retain any User-Generated Content you submit or to return any such content to you. You are solely responsible for the content that you submit, upload, communicate, share or otherwise make available on or through the Products, or transmit to others, and you represent and warrant that such content will not infringe upon or violate the rights of any person or entity and that you have all the rights, permissions, licenses, authorizations, and releases (including, but not limited to, to synchronize any sound recordings and musical works embodied in the User-Generated Content) necessary to grant the licenses in these Terms and to make the User-Generated content available. We may terminate your access to the Products if we find that your User-Generated Content violates these Terms, our policies or applicable law, including unlawful postings or content, without prior notice to you. We welcome feedback, comments and suggestions for improvements to the Products (“Feedback”). By submitting Feedback to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, and transferable license, under any and all intellectual property rights that you own or dispose, to use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, sell, exploit, or otherwise make available the Feedback, or any portion thereof, in any media or technology now known or later developed, without any remuneration, compensation or credit to you.