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App users document

EasyApe General Terms and Conditions of Service

EasyApe app terms for users: app use, reservations, payments, community, loyalty and service conditions.

Version
App users version - English translation prepared for web publication.
Official URL
easyape.it/terms?lang=en
ItalianoEnglish

Contents

  1. What is EasyApe?
  2. What is this document?
  3. Scope of the Agreement
  4. Registration and Access to the Service
  5. Use of the Services
  6. Payments
  7. Changes to the Services and Terms
  8. No-Show
  9. 9. Content Moderation
  10. Duration, Withdrawal and Termination
  11. Personal Data Processing
  12. User Obligations and Prohibitions
  13. Liability Limitations and Indemnity
  14. Intellectual Property
  15. Governing Law and Jurisdiction
  16. Alternative Dispute Resolution
  17. Unfair Clauses
01

What is EasyApe?

Welcome to EasyApe. Through our application (the "App"), users can discover aperitivo venues, make reservations at venues, register for events, pay quickly, interact with a community and access other related services.

02

What is this document?

This document (the "Terms" or the "Agreement") governs the terms and conditions for using the App and receiving the services (the "Services") provided by CENTARO TOMMASO, with registered office/domicile at Viale Gorizia 9, 20144 Milan, Italy, tax/VAT number 14632770963 ("EasyApe"), through the App to its customers ("Customers" or "Users").

Subject to updates made in accordance with article 7 below, these Terms will also apply to any new Services that may be provided to Customers in the future.

In these Terms, defined terms in the singular also include the plural and vice versa.

03

Scope of the Agreement

The subject matter of this Agreement is the provision by EasyApe of the following Services through the App:

Search and browsing: the App allows the User to search and browse a list of venues ("Venues"), filtering results according to the User’s preferences.

Reservations: the User may make and manage reservations at Venues. The Service includes EasyApe sending notifications (for example push notifications and emails) relating to the reservation, such as status updates and invitations from friends.

In-App Payments: through the App, the User may make payments to the Venue where the User has made a reservation. Further details are set out in article 6.

Community: the App provides social tools for creating a network of contacts, organizing "Meetups" and sharing invitations.

Messaging (Chat): the Service includes an internal messaging system (chat) for communicating within groups of friends or with a Venue following a reservation. Communications are subject to EasyApe’s supervision and active intermediation in order to prevent abuse.

Reviews: the User may publish reviews and ratings about their experiences, subject to moderation and pre-approval by EasyApe.

AI Assistant: to support navigation, the App integrates a virtual assistant based on artificial intelligence technology, intended to provide suggestions and support in finding a Venue that matches the User’s needs.

EasyApe points program: participation in the loyalty program (the "Program") allows registered Users to collect points through specific actions (for example completing missions, referrals, purchases and similar activities) and access discounts, offers and other exclusive benefits in the App. Participation in the Program is free, automatic after App registration and subject to the Program rules.

The User acknowledges that access to some of the Services listed above may require App registration or may depend on the terms of the agreement between EasyApe and each Venue listed in the App.

04

Registration and Access to the Service

Access to the Services is allowed only to adult users and may take place alternatively:

  • a. following registration through: (i) email and password registration; (ii) social login (Google/Apple); (iii) email OTP. Mandatory data includes first name, last name and date of birth.
  • b. without prior App registration (Guest Mode). In this case, the User will have access only to the "Search and browsing" service referred to in article 3 above.
05

Use of the Services

Registration with the App and use of the Services by the Customer is free, without prejudice to payment by the Customer of amounts due to the Venue where one of the payment methods referred to in article 6 is used.

06

Payments

To settle amounts due to a Venue, EasyApe offers the following in-App payment options:

  • a. Fast Pay (quick entry of the amount);
  • b. Cart Experience (scanning the QR code at the table to order and pay directly).

In both cases, payment is made by credit or debit card that the User may add in the App payment section.

The payment service provider is Stripe; EasyApe acts only as a technical intermediary and the amounts paid by the Customer to the Venue are not available to, or under the control of, EasyApe in any way.

07

Changes to the Services and Terms

EasyApe reserves the right to update, supplement or amend the Services and these Terms where justified reasons exist, including:

  • a. public interest or security reasons;
  • b. reasons connected with proper compliance with legal or regulatory obligations;
  • c. reasons connected with changes in laws or regulations;
  • d. reasons connected with the implementation of technical updates and improvements to the Services and the App, including any technical update to the App;
  • e. reasons connected with improving or changing the Services; f. reasons connected with the design and creation of new services by EasyApe;
  • g. technical, organizational or commercial reasons that make changes necessary, without which EasyApe would be unable to continue providing the Services covered by these Terms;
  • h. reasons connected with changes in market conditions and in the economic or commercial assumptions used to define how the Services are provided.

Updates to these Terms will be communicated with 14 (fourteen) days’ notice (the "Notice Period") by direct communication to the Customer at the email address provided during registration or subscription to the Service. Once the Notice Period has expired, the changes will be deemed to have entered into force.

The Customer acknowledges and accepts that changes, additions or updates to these General Terms will be deemed expressly accepted by the Customer if the Customer does not withdraw from these Terms before the Notice Period expires, namely within 14 (fourteen) days from receipt of the communication sent by EasyApe under article 7.2 above.

08

No-Show

Creating a reservation through the App creates a commitment by the User towards the Venue.

If, after making a reservation, the Customer is unable to attend the Venue, the Customer must promptly cancel the Reservation in accordance with the applicable rules established by EasyApe or by the Venue.

In the event of repeated failure by the Customer to attend without prior cancellation of the reservation through the App within the time limits established by EasyApe or by the Venue (a "No-Show"), EasyApe reserves the right to limit booking features, suspend the account and terminate the Agreement.

09

9. Content Moderation

EasyApe reserves the right to carry out moderation and pre-approval of content shared by the User through the App.

10

Duration, Withdrawal and Termination

This Agreement is concluded when it is accepted by the Customer and is for an indefinite term.

The subscribing Customer may in any case exercise the right of withdrawal within 14 days from entering into this Agreement (the "Withdrawal Period").

The Customer may exercise the right of withdrawal through the following methods:

a) by sending an unambiguous communication to info@easyape.it stating the Customer’s wish to exercise the right of withdrawal. The Customer will receive a response by email;

b) by clicking the "Delete Account" button in the App and, if any issues arise, by sending an explicit request to info@easyape.it. Following that request, EasyApe will delete the account in compliance with the statutory time limits.

Withdrawal by the Customer, or termination of this Agreement, results in the loss of Customer status, deactivation of the account and automatic termination of the Agreement and of any connected or consequential relationship relating to the Services.

EasyApe may terminate this Agreement with immediate effect under Article 1456 of the Italian Civil Code in the following cases:

  • a. use by the Customer of the Services in breach of these Terms or in breach of applicable laws and regulations or for unlawful purposes and, in particular, breach of the following clauses: 8, 12,

Without prejudice to article 10.5 above, EasyApe may terminate this Agreement under Article 1454 of the Italian Civil Code after serving a notice to perform within a minimum period of 15 days.

EasyApe may also suspend the Service, after notifying the Customer, in the event of breach of the obligations set out in this Agreement.

11

Personal Data Processing

For the purposes of providing and using the EasyApe Services, EasyApe will process Customers’ personal data in compliance with applicable data protection laws, including Regulation (EU) 2016/679 ("GDPR"), and in accordance with the privacy notice available in the relevant section of the App.

12

User Obligations and Prohibitions

The Customer undertakes to:

  • a. use the Services only for lawful purposes allowed by applicable law, custom and practice, rules of diligence and, in any case, without infringing any third-party rights;
  • b. provide true, accurate and up-to-date information and update the account immediately if such information changes;
  • c. keep account access credentials and password confidential and promptly notify EasyApe if someone may have unlawfully obtained access to the account;
  • d. decode, disassemble or attempt to extract the source code of the App (reverse engineering);
  • e. use the App for unauthorized commercial purposes or to develop competing products;
  • f. use automated software, spiders, bots or crawlers to extract or copy data from EasyApe servers (scraping);
  • g. share offensive or discriminatory messages, comments or reviews on the App, or content that violates the decorum of Venues;
  • g. avoid frequently cancelling reservations with such short notice that it harms the operations and commercial interests of the Venues.

If EasyApe finds that the User is taking an action that is contrary to the law or to the terms set out in these Terms, EasyApe may apply one of the following measures:

  • a. send a warning message reminding the User to comply with the Terms;
  • b. remove or correct the User’s content from the App;
  • c. impose account restrictions by blocking access to certain features;
  • d. temporarily or permanently block the account;
  • e. notify the competent authorities of the unlawful activity.

EasyApe performs preventive moderation and reserves the right to remove inappropriate content.

13

Liability Limitations and Indemnity

EasyApe is not liable for: (i) malfunctions or errors in transactions attributable to third parties (for example Stripe or internet providers); (ii) inaccuracies in Venue data; (iii) damage arising from the direct relationship between you and the Venue (for example food poisoning or issues at the venue).

The Customer assumes full and exclusive responsibility for the content of messages, texts, reviews and other content (for example photos and videos) sent by the Customer or on the Customer’s behalf to third parties while using the Services, acknowledging sole responsibility for them and holding EasyApe, its related companies, controlling companies, controlled companies, representatives, employees and EasyApe partners harmless from any related claim for damages or recourse, and reimbursing EasyApe for any cost (including legal fees) arising from third-party claims or actions against EasyApe for damage caused by the Customer or by persons authorized by the Customer to access the Services.

In relation to the above, the Customer undertakes to immediately notify EasyApe at info@easyape.it of any unauthorized use by third parties of the account or any other security breach of which the Customer becomes aware, and in any case undertakes from now to indemnify and hold EasyApe harmless from any and all claims, including claims for damages, brought or arising directly or indirectly from such unauthorized use or abuse of the account by anyone.

14

Intellectual Property

All intellectual and industrial property rights relating to the App and the Service - including, without limitation, trademarks, logos, software, databases, designs, texts, interfaces, artificial intelligence algorithms and technical configurations - are the exclusive property of EasyApe or its licensors. Nothing in these Terms transfers to the User any ownership right over those assets.

EasyApe grants the User a limited, revocable, non-exclusive and non-transferable license to use the App solely for personal and private use, in compliance with these Terms. The User represents and warrants that the User is the sole owner of the rights to the content (photos, videos, reviews) uploaded to the App or has obtained the necessary consents. By uploading such content, the User grants EasyApe a non-exclusive, free-of-charge, worldwide, perpetual and transferable license to reproduce, publish, translate and distribute that content in connection with the Service and EasyApe’s promotional activity, including on social media and third-party websites.

If the User sends suggestions or feedback about new App features, the User acknowledges that EasyApe may use them free of charge and without any obligation to pay compensation or recognize intellectual property rights in favor of the User.

15

Governing Law and Jurisdiction

These Terms are governed by Italian law.

For any dispute that may arise in relation to the application, performance or interpretation of this Agreement, where the Customer is a consumer within the meaning of Legislative Decree 206/2005 (the "Consumer Code"), the court of the place where the Customer resides or has elected domicile will have jurisdiction. In the alternative, for anyone who does not act as a consumer, the Court of Milan will have jurisdiction.

16

Alternative Dispute Resolution

EasyApe informs Customers who are consumers within the meaning of the Consumer Code that, if they have submitted a complaint to EasyApe and the resulting dispute has not been resolved, they may submit the dispute for amicable resolution through mediation to the Arbitration Chamber of the Milan Chamber of Commerce. For more information, the Customer may consult https://www.camera-arbitrale.it/it/mediazione/mediazione-civile-e-commerciale-d-lgs-28-2010/modulistica-e-trasmissione-atti.php?id=487.

17

Unfair Clauses

The Customer expressly declares that the Customer accepts the content of articles 10, 12, 13, 14, 15 and 16.