Terms and Conditions

At present, access to and use of the App are conditional upon completion of questionnaires presented to the User, to enable the Owner to improve its technology and the quality of the service offered, with a view to releasing an improved version of the App.

1. Definitions

For the purposes of these Terms and Conditions of Use, the following terms shall have the meanings set out below, in both the singular and the plural:

Account: means the personal profile created by the User to access the App and use its Features.

App: means this mobile application, including its source code, graphical interface and all content provided by the Owner.

Content: means, by way of example and without limitation, photographs, review texts, comments and any other data or information uploaded, published or shared by the User through the App.

Features: means all the features offered by the Owner through the App, as illustrated in Article 2.7 below.

Licence: means the licence to use the App granted to the User by the Owner, as governed by the Terms and Conditions of Use.

Terms and Conditions of Use: means this contractual document, which generally governs the relationship between the Owner and the User and includes the Licence.

Owner: means Italia Foodtech S.r.l., with its registered office at Via Orti Manara 7, 37121 Verona (VR), tax code, VAT number and Verona Companies Register registration number 05188740236, REA no. VR – 477471, which makes the App available to Users under the terms set out in the Terms and Conditions of Use.

User: means the natural person who uses the App for purposes unrelated to any business, commercial, craft or professional activity they may carry out, and who therefore qualifies as a consumer under applicable law.

2. App Licence

The Licence is entered into between the Owner and the User to enable the latter to use the App.

An Account must be created to use the App. Access to and use of the App are expressly conditional upon acceptance of the Terms and Conditions of Use. The User is solely responsible for all activities carried out through their Account and undertakes to safeguard their login credentials with due care.

When the User registers with and accesses the App, by clicking the “I Accept” button or a similarly labelled button, they confirm their acceptance of the Terms and Conditions of Use, as well as their full understanding of the provisions and terms contained therein.

The Owner grants the User only the non-exclusive right to use the App on the User’s device. Any right to use the App is granted solely under licence and does not imply any ownership right or interest in it. This Licence has no territorial restrictions and remains valid until the Account is deleted.

All intellectual property rights relating to the App (including, among other things, video and audio materials, computer code, themes, derivative works, titles, slogans, concepts, illustrations, graphics, animations, sounds, musical compositions, audiovisual effects, text, displays, related documentation and moral rights), to any associated content, and ownership of any copies thereof belong to the Owner and/or its predecessors in title.

The creation of an Account and the granting of a licence to use the App are free of charge. Any costs associated with creating an Account and using the App (for example, internet provider charges) shall be borne by the User.

The App contains the following Features (please note that the Features listed below may be implemented in the near future).

Uploading of food product images by the User and related indications.

This Feature is based on an artificial intelligence system and is designed to provide the User with an indicative assessment, for information purposes only, of the freshness level of the food product shown in the image.

The App may provide indications about the product such as, by way of example, “very fresh”, “fresh” or “dry”, possibly accompanied by representative icons or explanations associated with the output. For the output to be as accurate as possible, the food product must be clearly visible in the images, with suitable lighting and framing. The User acknowledges and accepts that, for technical or quality-related reasons—including blurred images, unsuitable framing, poor lighting or relevant parts not being visible—the App may be unable to provide a correct output.

Suggestions for alternative products, including recommendations for items with similar properties and organoleptic characteristics.

Identification of retail outlets or dining establishments offering fresh food products near the User (subject to geolocation being enabled)

Posting of reviews or comments about retail outlets or dining establishments.

3. Restrictions and Account Deletion by the Owner

3.1. Selling, transferring—whether for payment or free of charge—leasing, renting, sublicensing, copying, publishing, modifying, updating, adapting or translating the App or any part thereof is not permitted. It is prohibited to use the App for commercialisation or promotional purposes, or to reproduce, display, run or otherwise use it beyond what is provided for in the Terms and Conditions of Use. It is prohibited to decode, decompile or disassemble the App, create products derived from the App or any part thereof, or attempt to extract its source code. It is prohibited to (i) use tools to avoid, disable or circumvent any encryption, security or authentication mechanisms in the App; (ii) obtain the App by any means other than the distribution methods authorised by the Owner; or (iii) use the App in any manner other than that intended by the Owner under the Terms and Conditions of Use.

3.2 The Owner reserves the right to suspend or terminate the User’s access to the App immediately, promptly notifying the User, if it detects signs of unusual activity or has reasonable grounds to suspect one or more breaches by the User of their obligations under Article 3.1 and/or Article 6 below.

4. Updates and Changes

4.1 The Owner may provide remote updates or improvements to the App. Some updates or improvements may be provided automatically without prior notice while the App is in use, and the User hereby consents to such actions. These may include updates or downloads of new versions of the App, including security patches, new technologies or revised settings and features. These updates or improvements may affect the Features; the Owner assumes no liability for such effects or any resulting damage.

4.2 The App is released entirely free of charge; the Owner reserves the right to introduce charges for some or all of its Features at any time and, in any event, to unilaterally amend the Terms and Conditions of Use. In such cases, Users will be notified and may choose whether to accept the new Terms and Conditions of Use or proceed with deleting their Account.

5. Collection of Information by the Owner

5.1 To enable the creation of the Account and use of the App, the Owner collects information about the User, as well as data and information provided by the User. For further information in this regard, please refer to the Privacy Notice.

5.2 To enable the operation, maintenance and continuous improvement of the Features (including, in particular, the training and refinement of the algorithms underlying the artificial intelligence systems used), the Owner may use, reproduce, analyse, process and retain the Content, appropriately anonymised to exclude any link between the User and the Content itself. To this end, in particular, the User grants the Owner a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and sublicensable licence to use, reproduce, analyse, process and retain the images of food products uploaded by the User to the App.

6. User Obligations, Representations and Warranties

6.1 By using the App, the User represents that they are of legal age, are able to enter into a contract under the laws of their jurisdiction, and agree to be bound by the Terms and Conditions of Use. The User accepts the Terms and Conditions of Use on their own behalf and on behalf of anyone who accesses or uses their Account. The User is responsible for use of the App by anyone with access to their Account as if it were their own conduct.

6.2 The User undertakes to provide their personal data and share Content in a manner that is accurate, complete, truthful and up to date.

6.3 The User undertakes to safeguard their authentication credentials carefully and keep them confidential, and to promptly inform the Owner of any unauthorised use of the Account.

6.4 By using the App, the User also undertakes to comply with the following obligations, assuming full and exclusive responsibility in the event of a breach.

Lawfulness of taking photographs: it is the User’s sole responsibility to verify that they are entitled to take photographs and upload images captured inside commercial premises or in other places. The User therefore undertakes to obtain any necessary authorisations and to comply with regulations, prohibitions or restrictions imposed by third parties, it being understood that the Owner cannot be held liable for any breaches committed by the User in this regard.

Protection of third parties in photographs: uploading photographs to the App in which people are recognisable or which otherwise contain personal data is expressly prohibited, even where the data subject’s consent to the use or dissemination of the image has been obtained. Responsibility for uploading such images rests exclusively with the User.

Responsibility for Content: the User undertakes not to upload Content that is unlawful, inappropriate, harassing, false, defamatory, slanderous, offensive or otherwise potentially in conflict with any rights of the Owner or third parties. The User is solely responsible for the Content they publish. Any reviews and comments must be truthful, relevant and written in restrained language, within the limits of the right to criticise, which require the truthfulness of the underlying facts, a public interest in the information and propriety in the form of expression. The Owner does not carry out prior checks or active moderation of reviews and comments; however, it reserves the right to hide or remove Content which, on the basis of any spot checks or reports from other Users or third parties, may, in the Owner’s judgement, breach this paragraph.

Personal and non-commercial use: the User undertakes to use the App exclusively for personal purposes and not for commercial, professional, promotional or resale purposes.

6.5 The User acknowledges and expressly accepts that the Owner, while undertaking to provide a technologically sound tool and to exercise the diligence required by the nature of the activity, cannot guarantee the infallibility, complete accuracy or absolute truthfulness of the result provided. The App’s outputs must therefore be considered an automated estimate that is purely indicative and not a substitute for a professional assessment, qualified health and hygiene advice, or the User’s personal judgement, also informed by further information and knowledge external to and independent of the App.

7. Owner Representations and Warranties

7.1 The App is provided “as is” (“as is”), and the User agrees to use it at their own risk. To the fullest extent permitted by applicable law, the Owner disclaims all warranties, express or implied, regarding the App, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, data accuracy and content integrity. The Owner does not warrant that the App will meet the User’s requirements, that the operation of the App will be uninterrupted or error-free, or that any defects in the App will be corrected.

7.2 To the extent permitted by law, and except in cases of wilful misconduct or gross negligence, the Owner shall not be liable for direct or indirect, incidental or consequential damage arising from possession, use or malfunction of the App, including any damage to property, loss of goodwill, loss of profits, loss of or damage to data or files, failures of consoles, computers or portable devices, errors and loss of business or other information resulting from possession, failure or malfunction of computers or devices, or damages for personal injury.

7.3 The User acknowledges that ultimate responsibility for assessing the quality and safety of a food product, as well as any decision to purchase, consume or not consume it, rests entirely and exclusively with the User. Therefore, to the extent permitted by law, the Owner cannot be held liable for any direct or indirect damage arising from decisions made by the User on the basis of the purely indicative information provided by the App.

8. Indemnification

The User undertakes to indemnify and hold harmless the Owner, its successors and assigns, against any claim, penalty, claim for damages, cost or expense of any kind brought by third parties (including, by way of example, the owners of reviewed retail outlets or dining establishments) as a result of the User’s breach of the obligations under Articles 6.1, 6.2, 6.3 and 6.4.

9. Transfer of the App

The Owner reserves the right to transfer to third parties the entirety of the assets, rights and legal positions connected with the App’s business activities (including software, trademarks, data and contractual relationships), understood as a business or branch of a business, through transactions such as, by way of example, a merger, demerger, contribution or transfer of a business.

In this case, the acquiring entity will automatically succeed to the existing contractual relationships, which will continue without interruption under the same conditions. The User will be informed of the transfer and, should they object to its consequences, may proceed to delete their Account. The User acknowledges that the transfer transaction referred to in this article will necessarily entail the transfer of their personal data to the acquiring entity, which will become the new Controller, including for the purposes of privacy legislation. The new Controller will process the data for the same purposes for which they were originally collected and in accordance with the principle of contractual continuity. The new Controller will provide the User, without undue delay, with its own privacy notice pursuant to Articles 13 and 14 of Regulation (EU) 2016/679. The User may at any time exercise their rights under the applicable personal data protection legislation against the new Controller.

10. Language, applicable law and competent court

10.1 In the event of conflicting interpretations, ambiguity or discrepancies between versions of the Terms and Conditions of Use that may be drawn up in different languages, the Italian-language version shall prevail.

10.2 The contractual relationship between the Controller and the User is governed by Italian law, without prejudice to the application of mandatory consumer protection provisions. For matters not expressly provided for, the Terms and Conditions of Use refer to the Italian Consumer Code (Legislative Decree 206/2005, as subsequently amended and supplemented). However, Users residing outside Italy may be subject to the provisions of the law in force in their country of residence where those provisions constitute mandatory protection rules or are more favourable to the User.

10.3 Without prejudice to the application of mandatory provisions protecting the User, any dispute concerning the application, performance, interpretation or termination of the Terms and Conditions of Use, or otherwise relating to the Terms and Conditions of Use, shall be subject to Italian jurisdiction, and the Court of the User’s place of domicile or residence shall have jurisdiction over such disputes, provided that such place is within the territory of the Italian State.

11. Communications

11.1 For any questions, requests, needs or any matter relating to the Terms and Conditions of Use, the User may contact the Controller at the email address info@italiafoodtech.com.