General terms and conditions

The following General Terms and Conditions (hereinafter referred to only as "Conditions") apply with regard to the services of the one sporter application aimed at monitoring and scheduling training sessions.

1. About us and Contacts

L4C S.r.l. (hereinafter also the "Company"), with registered office in via Parini n. 1, 33100 Tarvisio, pec l4c@pec.it, VAT number 02973550300.
For any information or clarification, you can contact the Company at the dedicated contact email address info@l4clab.com or using the appropriate contact form on the website https://www.l4clab.com/

2. Application field

These Conditions apply to the one sporter App and to all related, derived and connected features (in short and hereinafter, "Services") exclusively with regard to the Italian territory.
The offer and online sale of the described Services will be subject to Italian Legislative Decree 70/2003 on the subject of electronic commerce and the Italian Legislative Decree 206/2005 "Consumer Code".

3. Protection of personal data

L4C S.r.l., as Data Controller, within the offer of the above-mentioned Services, processes Users' personal data in compliance with the General Data Protection Regulation (GDPR - EU Regulation n.2016/679).
For further information, you can consult the Privacy policy.

4. Acceptance of the conditions

The User is invited to carefully read this document in its entirety before purchasing and using the services offered by the Company, as acceptance of the Conditions implies full approval of all the clauses contained in this document.
By accepting the following Conditions, the User also warrants that he has understood their content and that he has the necessary legal capacity to accept them.
In case of dissent with respect to one or more clauses provided for in these Conditions, the User must not proceed further and must therefore refrain from purchasing and / or using the Company's Services.

5. Registration procedure

In order to be able to use the services offered by the Company, the prior registration of a personal account is required.
The Services are intended solely for persons aged 14 or over.
If the User does not have the age requirements to enter into the contract and express consent to the processing of his / her personal data, a specific declaration is possibly provided that certifies that the person exercising parental responsibility has examined and accepted these Conditions for the account of the minor and provide consent to the processing of personal data.
The User who intends to proceed with the registration of an account guarantees:

to provide only truthful, accurate, and constantly updated information and that by registering /using the Services offered by the Company will not conceal their identity or age, will not pretend to be a different person and will not use any invented identity, pseudonyms or invented names;
that will use the Services offered by the Company exclusively in its own interest and not in order to supply or sell the same to third parties or in any case in an illegal or fraudulent manner.

6. Account registration

As already specified, in order to access the services offered by the Company, each User must first register in order to create his own personal account, taking care to keep the relative access Password.
Each User agrees to register only a single account and not to create multiple accounts.
In order to create an account, th\e User needs to access the appropriate registration page and then fill-in all the fields required by the registration form. It is also necessary that the User enters correct and complete data in the various fields and that he undertakes to promptly modify in the event of changes of the previously entered data.
Before completing the registration,the User is invited to carefully read the Company's Privacy Policy.
To complete the registration, the User is required to enter a Password. This Password is decided by the User himself, who for this reason is the only person responsible for protecting and modifying it, he undertakes to use it personally, to keep it secret, not to disclose it and to prevent third party access through said Password, remaining in any case solely responsible for any unauthorized activities of his / her account.
The User must also make sure to access his account through devices that guarantee adequate security and protection, to log out at the end of the session and to prevent the automatic saving of the Password or in any case to avoid activities that may allow third parties to access or use your personal account.
In fact, the User is solely responsible - in addition to entering his / her data - for all the activities carried out through the registered account, which he guarantees will take place in compliance with the Code of Ethics and Conduct shared upon registration of the account in each case avoiding prejudices or without fraudulent / illegal purposes.
In the event that the User deems that he has suffered a violation of his account or that the Password has become available to third parties, the User must immediately notify the Company and will in any case remain solely responsible for the activities of the account until when the notification is made.

7. Use of services

The User is aware of and expressly accepts that in order to use the Services provided by the Company, it is necessary to strictly follow the procedures indicated in these Conditions.
By using the Services offered by the Company, the User expressly accepts that all information and other communications that he receives or that are in any case made available to him in electronic form meet the requirement of the written form.
The User expressly undertakes to use the Services offered by the Company exclusively for lawful and legitimate purposes and in any case in compliance with these Conditions.
In case of doubts, difficulties or need for more information or in any case assistance of any kind is required, the User can in any case and at any time contact the Company at the contact email specified in point 1.
Under no circumstances may the User modify, copy, distribute, transmit, display, reverse-engineer, hack or extract source code, reproduce, publish, license, transfer or sell for commercial purposes, even partially, the Services covered by these Terms or access to the content published within the Services offered by the Company.
The User is aware that the use of some features provided within the Services provided by the Company may require connection with third-party means / devices or materials (for example, for the purpose of geo-localization, of systems equipped with GPS technology).
The User remains solely responsible for the purchase or use of non-compliant third party means / devices or materials that may potentially be harmful or be unusable with reference to the Services rendered by the Company.

8. Published Content and Licenses

All information, data, sounds, photographs, graphics, videos, messages, posts, tags or other material uploaded to the app and published / transmitted through the Services offered by the Company remain the exclusive property of the User.
With regard to the contents published by the User in relation to the Services offered, the User grants the Company, free of charge, a non-exclusive and worldwide license, transferable to third parties, to transmit, use, process, reproduce, modify, adapt, censor, delete, translate, create derivative works, distribute and publicly use any type of content in compliance with the Code of Ethics and Conduct.
It follows that, in case of publication of content, the User expressly authorizes the Company to store, copy and share with third parties - within the limits of the privacy settings chosen by the individual User - such as service providers or other commercial partners of the Society.
The granting of the aforementioned license must be understood as expressly revoked when the User decides to cancel their account or delete / remove each individual content, without prejudice to any sharing / use of the same content by other users.
Furthermore, the contents may not be immediately deleted in the event of investigations into any violations or illegal activities, compliance with specific legal obligations or requests from judicial or administrative authorities. In any case, the content will be retained for a period not exceeding the required one. In relation to the purpose for which it was retained and the license will continue to exist until the complete deletion of the content.
For these reasons, and in consideration of the license granted, the User remains solely responsible for the Content uploaded, published, sent by e-mail, shared, transmitted or otherwise made available through the Services.
The Company does not control or filter what is published by Users or third parties with reference to the Services offered; therefore, the Company does not guarantee their accuracy.
In any case, the Company reserves, at its sole and unquestionable discretion, the unquestionable right to filter, monitor, not approve or remove content that is in violation of these Conditions or is of offensive, illegal, discriminatory or otherwise inappropriate.
The Company is in no way responsible for the content or materials published: the User expressly agrees to assume all risks associated with the publication, including profiles relating to the accuracy and completeness of the content, materials or information.
Anything uploaded or published by the User using the Services offered by the Company will not be subject to any obligation of confidentiality - without prejudice to the contents of the Privacy Policy and the settings on the visibility / availability of the published contents provided for by the Privacy settings of the one sporter App - and for this reason the Company cannot be held in any way responsible for any use or further disclosure of such data.
Each User grants free of charge and explicitly authorizes the Company to use information relating to the connectivity used, information on the activities carried out, information relating to the profile and personal account created to use the Services offered (e.g. name, surname, pseudonym, contact details, profile image) as well as the use or enjoyment of third party services or products, information relating to actions taken in relation to or in connection with advertisements, offers and other content of partners and third parties (e.g. sponsors).
It follows that, in the light of the User's personal choices, the Company may show the User's interest in certain events / activities / products / contents to the User's links.
In order to ensure a more correct and better use of the Services offered, the Company has set up a specific system for reporting the content deemed inappropriate/offensive.

9. Limitations of Liability and General Provisions

The App one sporter is granted in free use for the android environment through delivery of files with .apk extension while for the iOs environment through App Test Flight and this only to improve visibility and allow the improvement of the app by developers.
L4C S.r.l. cannot be held responsible for any direct, indirect, financial and non-pecuniary damage to the User or to third parties due to the incorrect use of the services offered.
Furthermore, the Company cannot be held liable in any way for any damage, both financial and non-financial, if such damage is the result of the User's exact failure to comply with the obligations and commitments undertaken within these Conditions and the Code of Ethics and Code of Conduct.
The Company undertakes to ensure, as far as possible, access to the Services without interruption and that data transmissions take place without errors; however, some cannot always be guaranteed.
Access to the Services may occasionally be suspended or restricted if it is necessary to allow maintenance or innovation/updating of the contents. In such cases the User will be expressly informed of the reasons that do not allow him/her partial access to the Services.
In any case, the Company cannot be held liable in the event of a delay or failure to fulfill its obligations under these Conditions if said delay or failure derives from unforeseeable circumstances, unforeseeable events or due to force majeure.
The Company, in order to provide qualitatively adequate services, reserves the right to collaborate with third parties for the sole purpose of rendering a better service to the User, without any limitation of liability resulting from this collaboration.
The Parties agree that any invalidity of one or more clauses of these Terms will not affect the validity or effectiveness of the remaining clauses.

10. Complaints and Customer Service

For any request for assistance, complaint or complaint of lack of conformity, the User can contact the Company using the contact details indicated in point 1. of this document or using the appropriate form on the Website.

11. Modification of the Conditions

The Company reserves the right to modify these Conditions at any time, also in order to offer new Products / Services and / or in compliance with legal obligations.
In the event of a change in the Conditions, the User will receive a specific notification and must, if he intends to continue using the Services offered by the Company, expressly accept the changes.

12. Applicable law and competent court

The applicable law is the Italian one. If the User qualifies as a Consumer under the Italian Consumer Code, any dispute shall be the exclusive jurisdiction of the Court of the place of residence of the Consumer in accordance with current legislation.

Udine, December 17, 2019