Terms of Service

 

Welcome to Enkode web application (the “App”). By accessing or using our web application, you agree to comply with and be bound by the following Terms of Service. Please read these terms carefully before using the App.

1. Acceptance of Terms

By accessing or using the App, you agree to these Terms of Service, as well as our Privacy Policy, which is incorporated by reference. If you do not agree to these terms, you should not use the App.

2. Description of Service

The App is accessed free of charge, as a complementary service associated with the purchase of an Enkode wine bottle from a third-party retailer, through a QR code in the label of the bottle. The App allows users to send and receive greeting messages via a unique code generated by the App. The service is provided “as is” and “as available.”

MAES Ventures S.r.l. is not responsible for the quality, delivery, or any other aspect of the wine bottle purchased from third-party retailers. The App is provided as a separate, complementary digital service and does not constitute part of the sale of the product.

3. User Responsibilities

You are the only one responsible for maintaining the confidentiality of the unique codes provided by the App. 

You agree not to use the App for any unlawful or prohibited activities, including but not limited to:

• Sending offensive, defamatory, or illegal content or generally use the App for unlawful purposes or purposes otherwise prohibited by applicable laws.
• Decompile, attempt to decompile, decode or transcribe the App.
• Copy or otherwise reproduce the App, in whole or in part, or modify, adapt, alter, translate or incorporate into or with other software or create a derivative work from any part of the App,
• Attempting to gain unauthorized access to the App, other users’ data, or the App’s backend systems.
• Engaging in activities that could harm the App’s functionality, disrupt service, or otherwise negatively impact other users.

You are also responsible for complying with all relevant local, national, and international laws and regulations in your use of the App.

4. Content Ownership and Rights

By sending messages through the App, you grant MAES Ventures S.r.l. a non-exclusive, royalty-free, worldwide license to use, distribute, modify, and display your content solely for the purpose of delivering the service. You retain ownership of all content that you submit, post, or display on or through the App.

All intellectual property related to the App, including but not limited to the design, graphics, and software, is owned by MAES Ventures S.r.l. You agree not to reproduce, distribute, or create derivative works from the App without our express written consent.

5. Privacy and Data Collection

Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. By using the App, you consent to the data practices described in our Privacy Policy.

6. Disclaimers and Limitation of Liability

6.1 Service Availability

MAES Ventures S.r.l. does not guarantee that the App will be available at all times or that it will be free from errors, interruptions, or security breaches. Under normal circumstances, the App is accessible 24 hours a day, every day of the week, except during interruptions of the service due to scheduled or emergency maintenance work or events of force majeure, unforeseeable circumstances and unforeseen impossibility, which enable Maes Ventures S.r.l.  to interrupt the service, without notice or liability. MAES Ventures S.r.l. reserves the right to change, suspend, or discontinue any features or functions of the App at any time without notice or liability.

6.2 No Warranties

The App is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. MAES Ventures S.r.l. makes no representations or warranties that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, hardware, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

6.3 Limitation of Liability

To the maximum extent permitted by the applicable law, in no event shall MAES Ventures S.r.l., its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits and/or commercial damage or business interruption, or any other losses or expenses of any kind, arising out of or in connection with your access to, use of, or inability to use the App, even if MAES Ventures S.r.l. has been advised of the possibility of such damages. 

MAES Ventures S.r.l. shall not be liable for any damages or losses, including but not limited to any losses associated with the purchase of the Enkode wine bottle. In no event shall MAES Ventures S.r.l. be required to provide any compensation, reimbursement, or damages to you in connection with your use of the App.

7. Termination

MAES Ventures S.r.l. reserves the right to terminate or suspend your access to the App, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. Upon termination, your right to use the App will immediately cease, and MAES Ventures S.r.l. reserves the right to delete any data associated with your use of the App, without any obligation to retain or provide access to such data.

8. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Italy. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in Milan, Italy.

9. Changes to Terms

MAES Ventures S.r.l. may modify these Terms of Service from time to time. Any changes will be effective immediately upon posting on the App. It is your responsibility to review these terms periodically for updates. Your continued use of the App after any modifications indicates your acceptance of the updated Terms of Service.

10. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at info@bexport.eu, or by mail at: MAES Ventures S.r.l., Via Adige 55, 20871 Vimercate, Italy.

 

Vimercate, Italy, September 2024