This agreement regulates the relationship between You and Atooma S.r.l. with registered office in Rome, Via Giovanni Giolitti 34 00185 and sets forth the terms and conditions of the use of the mobile app branded Atooma developed and owned by Simple and any of its versions and upgrades, including those that were not yet released.
By downloading the App by means of Googleplay.com, you state that you have read, understood and approved this T&C governing its use, including without restrictions all cautionary warnings, disclaimers, rules. The T&C shall come into effect from the first download of the App and, under the present contract, you agree to complying with them unconditionally.
Simple S.r.l. gives no assurance and disclaims any liability in connection with the accuracy of the information provided by the App and reserves its right to add, modify or remove any information therein, including these T&C, at any time, without forewarning, for whatever reason, at Simple's sole discretion.
You agree to be responsible for regular monitoring and checking for possible amendments of these T&C, which latest version is available at any access to the App. By continuing to use the App after amendments are published, you approve the modified T&C and agree to be legally bound by them. In case, if you do not agree to be legally bound by all T&C of use, you are not allowed to access and use the App.
- Agreement or T&C means this agreement including any annex and attachment.
- Android means a Linux-based operating system designed for touchscreen mobile devices such as smartphones and tablet computers, owned by Google Inc.
- App means the software for Android 2.1 (or higher) smartphones branded Atooma developed and owned by Simple which allows users to create automated tasks on their wireless devices, to perform certain actions when certain conditions are fulfilled. This system makes wireless devices totally programmable by non-technical users thanks to a graphical programming interface. The wireless device are able to take specific settings or perform specific actions responding to context as locations, movements, enviroments, speed. Users can create advanced customization options on wireless devices setting up specific features not always available on default system. The creation of automatic triggers and actions (rules) does not require any kind of technical skill (programming languages). The system's enduser interface is based on the simple connection between conditions (IF) and actions (DO), settled up by the end-user to create new rules.
- Beta Phase means the period of time during which the App will be under testing and available for users for free.
- Googleplay.com means a digital application distribution platform developed, owned and operated by Google Inc. under its exclusive responsibility.
- Intellectual Property Rights: means any right governed, in turn, by the laws on patents, copyright, trade secret, trademarks, business practice and any other right related to the proprietary right, including, renewals, extensions and re-enactments, currently in force or enforceable in the future, all over the world;
- User or You means any registered user who has entered into this agreement pursuant the terms set forth below;
- Simple means Simple S.r.l., with registered office in Terni, Via Luigi Casale 7 05100 (VAT number/registration at the Registry of Enterprises of TR no. 100551).
- Rule or Content means any task, rule or content of any kind created by the User by means of the App pursuant to the terms and conditions under this Agreement.
The User shall provide genuine personal data, shall not provide any false personal information or create an account for anyone other than the User. The User shall not create more than one personal account. If Simple disable the User's account, the User shall not create another one without Simple's express consent.
License on the App
Simple hereby grants to User a non-exclusive, non-transferable, worldwide license (without rights to sub-license) to install and use for personal and non-commercial purposes only the App on his/her smartphone (Android 2.1 or higher is required) without limitation of territory for the duration of 20 years, in accordance with the terms and conditions of this Agreement.
User shall not copy (other than for archival purposes), modify, transfer to third parties, or use the App in whole or in part, except as expressly provided for in this Agreement or authorized in writing by Simple. User undertakes that Simple it is free to grant or withhold its consent at its sole discretion and subject to any conditions it deems appropriate at any time.
User undertakes nothing in this Agreement constitutes granting of rights to the User, other than the ones expressly provided above, on the App or on the source code of the App developed by Simple. The license granted under this Agreement shall in no way be construed to grant any rights to access, use, communicate, transfer, modify in any manner the App or the source code of the App.
License of the Content created by the User
User specifically grants Licensor a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to: (i) reproduce, communicate to the public, publish, copy, rent, sell, sublicense, lease or lend or in any way use any Content or part of the Content created by the User by using the App; and (ii) to use, reproduce, communicate to the public User's name and surname and/or user ID, assigned through the registration path as per clause 2 above, in connection with any of the abovementioned uses of the Content.
By creating any Content, User grants that such Content does not infringe or violate third parties' rights or otherwise violate any applicable law.
User cannot: circumvent or bypass any technological protection measures in or relating to the App; dismantle, disassemble, decompile or reverse engineer the App; separate components of the App for use on different devices; publish, copy , rent, lease or lend the App; use the App in any unauthorized way that could interfere with anyone else's use of the App; enable access to the App by unauthorized third party applications.
Unauthorized use of any design or copyright on the App may be prosecuted to the maximum extent allowed by applicable law. Any unauthorized reproduction of the App or of parts of it with commercial purposes infringes Simple's rights.
User shall comply with all applicable laws when installing and using the App and shall not use the App to do anything unlawful, misleading, malicious, or discriminatory. In particular, User shall not use the App to: a) deliver unauthorized commercial communications (e.g. spam); b) collect User's Contents being unless authorized to do so by the relevant rights' holder;
During the Beta Phase, the license on the App as provided under clause 2 above shall be intended as royalty free. User is aware that, at the end of the Beta Phase, Simple will be free to condition the further use of the App to the payment of a fee to be determined by Simple at its sole discretion. In such case, the fees (including all applicable taxes) and the payments shall be regulated pursuant to the instruction to be published on the Licensor's website.
During the Beta Phase the App is provided "as is", without any express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
During the Beta Phase Simple does not guarantee that the App will be always safe, secure or error-free or that the App will always function without disruptions, delays or imperfections. simple is not responsible for the actions, content, information or data of third parties, including actions, content, information or data of Google Inc., which is the only owner and responsible entity of Googleplay.com and User releases Simple, its present and former affiliates, directors, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
User agrees that, from time to time, the App may download upgrades, updates and additional features from Simple in order to improve, enhance and further develop the App.
Simple may at any time withdraw at its sole discretion from this Agreement subject to ninety (90) days advance written notice sent to the other party to the mail provided in the registration process as provided under clause 2.
To the maximum extent permitted by the applicable law, Simple shall not under any circumstance be deemed liable for any losses arising from the use made by the User of the App.
All of Simple's rights and obligations under this Agreement are freely assignable to third parties by Simple from time to time at its sole discretion.
The User shall indemnify and keep Simple and its present and former partners, subsidiaries and affiliated corporations harmless from any damages, financial losses, fees and costs relative to or consequent on any claim, liability or proceedings of any nature, originating from or connected, in whole or in part, to this Agreement. In the event that Simple is summonsed before a Court for the aforementioned reasons, the User shall indemnify Simple and defend Simple at its own expense, employing counsel selected by Simple and acting under the instructions of Simple. This guarantee shall remain valid and effective including after the termination for whatsoever reason of this Agreement.
Governing law and jurisdiction
The Agreement is construed and governed by Italian law. The Court of Rome (Foro di Roma) will have exclusive jurisdiction on any and all disputes will arise from the present Agreement.
To contact Simple for any information, request, advice or complaint about the App, please mail to firstname.lastname@example.org