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Terms and Conditions of use of the Sphat app
This document contains the general terms and conditions of use of the Sphat app, a group chat between anonymous people who may or may not know each other.

Definitions
To allow a complete understanding and acceptance of this document, the following terms, in singular and plural form, will have below-mentioned meaning:

Owner: Longwave Studio Srl, with registered office in via dei Visconti 52, 09131 Cagliari (CA), CF / VAT number: 03868130927, Share capital: € 10,000, REA Chamber of Commerce of Cagliari: CA-303088, longwavestudio @ pec .it
Site: https://sphat.live
App: the Sphat application for the Android and iOS platform
Service: the service offered by the Sphat application
Terms and Conditions (or Terms): this document which governs the relationship between the User and the Owner of the Service offered through the App.
User: any person who accesses the App and uses the Service.

Scope of Terms and Conditions
The use of the Service implies the acceptance of this Terms and Conditions by the User. If the User does not intend to accept the Terms and Conditions and / or any other notes, legal notice, information published or referred to therein, he will not be able to use the App nor the Service.
The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing it on the Site. The User who continues to use the Service after the publication of the changes accepts the new ones without reservation. 

Terms
The applicable Terms and Conditions are those in force on the date of registration for the Service.
Before registering and using the Service, the User is required to read carefully the Terms and Conditions and to save or print them for future reference.
The Owner reserves the right to change at his own discretion and at any time even after the User registration, the graphic interface of the Site, of the App, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Service, communicating the relevant instructions to the User, when necessary.

Age requirements
Registration and use of the Service is allowed only to the User of legal age according to the applicable legislation.

Information on registering to the Service
The Service allows the User to chat anonymously with other users within group chats with a predefined time duration called “sphat”. At the end of the time, each User can express their appreciation to each of the other Users participating in the sphat. If the appreciation is mutual, the two users can start chatting within one to one chats, revealing their name (provided when registering to the Service).
The User has the duty to keep their login credentials safe. Credentials must be used exclusively by the User and cannot be transferred to others. The User undertakes to keep them secret and to ensure that no third parties have access to them and to immediately inform the Owner in the event that he suspects or becomes aware of an improper use or undue disclosure of them.
The User undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the User of the rules on registering for the Service or on the conservation of the credentials of registration.

Changes to the Service and Account Cancellation
The Owner is continuously working to improve the Service and add new functionalities on an experimental or definitive basis that will not affect the rights and duties of the User, and which will not be reported in advance.
The Owner will endeavour to ensure that the Service is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Service is not accessible and / or operational at any time or for any period. Access to the Service may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
The User can proceed with the cancellation of his account or stop using the Service at any time, through the App interface.
In case of violation of the Terms and Conditions or of the applicable legal provisions, by the User, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

Security and interactions with other Users
Even if the Owner undertakes as much as possible to encourage a respectful and inclusive use of the Service, he is not responsible for the conduct by the Users within the App.
The User agrees to use the Service with caution and respect for others, in particular at the time of private or shared online interaction.
The User is solely responsible for the way of use of the App and the Service, especially in relation to the interaction with other users.

Rights and obligations of Users
The Owner grants the User a personal, non-exclusive, revocable and non-sub-licensable right to access and use the Service. This license has the sole purpose of guaranteeing the User the use and enjoyment of the Service within the limits granted by these Terms and Conditions. In particular, the User agrees not to:

– use the Service or its contents for any commercial purpose without the consent of the Owner

– copy, modify, transmit, create works from, make use of, or reproduce in any way copyrighted material, images, trademarks, commercial names, contents protected by intellectual property, contents and information accessible through the service without the written consent of the Owner

– express or imply that any declaration made is made on behalf of the Data Controller

– use robots, bots, spiders, crawlers, scrapers, search / analysis applications, proxies or other manual or automatic systems as well as methods and processes to access sensitive data

– use the Service in any way that could interfere, interrupt or damage the Service or any connected server or network

– upload viruses, malicious pieces of code, or compromise the security of the Service

– manipulate or falsify one’s identity in order to create misunderstandings in the information transmitted by the Service

– copy or emulate any part of the Service without the written consent of the Owner

– use meta tags or code or other devices containing any reference to the Site or Service (or any trademark, trade name, logo or slogan of the Owner) to direct people to any other site for any reason

– modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any part of the service or induce others to do so

– use or develop any third-party application that interacts with the Service or with the contents of the Users or with the information contained without the written consent of the Owner.

– try, scan or test the vulnerability of the Service or any system on Owner’s network

– encourage or promote any activity that violates these Terms and Conditions

– use the Service to cause any damage

– use the Service to damage the Owner

– violate the Community guidelines

– spam, request money or defraude other Users

– impersonate another person or use other people’s images and content without their written consent

– create any content that constitutes bullying, stalking, incitement to hatred or violence, sexual harassment, racism, homophobia, defamation or harmful to minorities, groups or individuals through the Service

– post any content that infringes or damages someone else’s rights, including rights to privacy, promotion, copyright, trademark and patent protection or other intellectual property or third party commercial agreement

– request the password of others for any reason or personal information for commercial purposes or any other illegal use, as well as share personal information of other users to third parties with or without consent

– use another User’s account, or share the account.

The Owner may investigate or take any legal action , even in response to reports made by other Users, which may constitute illegal or unauthorized use or any use that does not comply with the Terms of Service, including the possibility of unilaterally delete accounts.
Although the Owner reserves the right to verify and remove content that violates these Terms and Conditions, such contents are the sole responsibility of the User who publishes them, and the Owner cannot guarantee that all contents comply with the provisions therein. The User can report any inappropriate content through the message reporting system within the App.

Rights of the owner
The Terms and Conditions do not grant the User any license to use the individual content and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and contents contained in the App, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.
All trademarks, figurative or nominative, and all other signs, commercial names, service marks, word marks, illustrations, images, logos that appear related to the App and the Service are and remain exclusive property of the Owner or of his licensors and are protected by applicable trademark laws and related international treaties. All trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos concerning third parties and the contents published by such third parties through the Service, are and remain exclusive property of the aforementioned third parties or their licensors and are protected by the laws in force on trademarks and related international treaties.
The Owner does not own the ownership of these intellectual property rights and can use them only within the limits and in compliance with the contracts concluded with such third parties and for the purposes outlined therein.

Privacy Policy
For information on the use of personal data, Users must refer to the Privacy Policy that can be found visiting sphat.live/privacy-policy that forms an integral and substantial part of the Terms.

Transfer of the contract
The Owner reserves the right to transfer, assign, arrange by novation or subcontract all or some of the rights or obligations deriving from the Terms, provided that the User’s rights guaranteed herein are not affected. The User cannot assign or transfer in any way their rights or obligations under the Terms without the written authorization of the Owner.

Limitation of Liability
The Owner cannot be held liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment, if he proves that he has adopted all possible precautions based on the science and experience of the moment and based on ordinary diligence.
The Owner will not be responsible for:

– any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner

– incorrect or unsuitable use of the Service by Users or third parties

– any issue of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry.

Link to third party sites
The Service may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third party sites / applications that provide services through the App. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties, to which the owner assumes no responsibility.

Communications
All communications related to the functionality of the Service must be sent using the contact information indicated in the Terms.

Ineffectiveness and partial nullity
Should any clause of the Terms prove to be null, invalid or ineffective, the aforementioned clause will be eliminated while the remaining clauses will not be affected by this and will remain fully effective.

Applicable law and competent court
The Terms and all disputes regarding their execution, interpretation and validity are subject to Italian law, to the jurisdiction of the Italian State.
Any dispute related to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the consumer User to take legal action in a court other than that of the “consumer court” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in the articles 18, 19 and 20 of the civil procedural code.
This is without prejudice to the application to consumers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal and its methods of communication.

Online dispute resolution for consumers
The Owner is available to answer any question sent by e-mail to the e-mail address published in this document.