terms

TERMS AND CONDITIONS

Last updated: June 14, 2024

These Terms and Conditions (“Agreement”) constitute a legal agreement between You and Roberto Bendinelli, sole proprietor of Strobetano (“We”, “Us”, or “Our”), governing your use of all Our Products. By using Our Products, you agree to be bound by this Agreement. Usage of Our Products begins from the moment any of Our Products is downloaded, purchased, or acquired by You. Terms and Conditions of this Agreement are subject to unannounced updates as our Products and audience grow and evolve. All updates to these Terms and Conditions are effective immediately.

General License

For each of Our Products, Roberto Bendinelli grants You a non-exclusive, non-transferable, limited license to download, install, and use Our Products strictly in accordance with the terms of this Agreement. The aforementioned license grants exclusively personal, non-commercial use of Our Products. You agree not to, and You will not permit others to: License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit Our Products or make the Product available to any third party; Copy or use Our Products for any purpose other than as permitted under the ‘General License’ section of this Agreement; Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of Our Products; Remove, alter or obscure any proprietary part, notice, policy, and remark of Roberto Bendinelli or its affiliates, partners, suppliers or the licensors of Our Products; Use Our Products in breach of the Terms issued by the service providers for the platforms or hardware Our Products are available for, or in violation of any applicable laws or regulations in your jurisdiction. You do not acquire any ownership rights in the Products or the intellectual property therein.

Third-Party Services

Our Products might make use of tools, software, or services provided and run by Third Parties. When You use Our Products, you also agree to any Agreement or Policy that has been issued by Third Parties on their own website or communication platforms. Roberto Bendinelli shall not be held responsible for any implication and consequence of any Agreement issued by any of the Third Parties involved with Our Products.

Transactions and Refunds

By downloading or purchasing Our Products, you agree to all the Terms issued by the service providers for the platforms or hardware Our Products are available for, including but not limited to all Terms and Conditions regarding transactions, purchases, and refunds. Roberto Bendinelli might be able to issue refunds for Our Products depending on the Terms and Conditions specific to each of the service providers. We do not grant, or have the ability to issue, refunds for any kind of product, service, feature, or additional content purchased through in-app purchase systems within Our Products.

Intellectual Property

All Our Products, including without limitation all copyrights, patents, trademarks, trade secrets, website resources, assets, and other intellectual property rights are, and shall remain, the sole and exclusive property of Roberto Bendinelli. To the extent required by applicable law, Roberto Bendinelli shall be responsible for the investigation, defense, settlement, and discharge of any claim that Our Products or Your use of these infringes any third party intellectual property rights.

Roberto Bendinelli claims no ownership rights over User-Generated Content. However, by creating or uploading User-Generated Content within Our Products, you grant Roberto Bendinelli a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute it in any and all media. You also grant Roberto Bendinelli the right to sub-license these rights, and the right to bring an action for infringement of these rights.

User-Generated Content

When you create User-Generated Content within Our Products and make that Content available within the services of Our Products, such as your online nickname or any kind of shared Content to be used within Our Products, You grant Roberto Bendinelli a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute it in any and all media. You also grant Roberto Bendinelli the right to sub-license these rights, and the right to bring an action for infringement of these rights. You represent and warrant that you have all necessary rights to grant this license and that your User-Generated Content does not violate any third-party rights.

Age Restrictions

Our Products are not intended for use by children under the age of 13. By using Our Products, you represent and warrant that you are at least 13 years old. If you are under the age of 13, you may not use Our Products under any circumstances.

Product Lifecycle

Roberto Bendinelli is authorized to perform unannounced updates, changes, improvements, and maintenance to any of Our Products, which may temporarily or permanently add, alter or remove features or services within Our Products. Roberto Bendinelli has no obligation to provide specific features to You or any of the Users for Our Products and is authorized to suspend temporarily or permanently support of any of Our Products at any point in time.

Agreement Termination

This Agreement is considered terminated when You delete all copies of Our Products from any of your devices, platforms, and digital support of Your property, or when Roberto Bendinelli decides to terminate this Agreement with You specifically. Agreement termination from the part of Roberto Bendinelli may happen without prior notice. Upon termination of this Agreement, you guarantee to cease any use of all Our Products covered by this Agreement, and of all the copies of Our Products. After termination of this Agreement, Roberto Bendinelli still retains complete rights over all Our Products, including legal rights for any breach of Agreement that may have happened during the validity of the Agreement.

Roberto Bendinelli reserves the right to suspend or terminate your access to Our Products at any time, for any reason, and without prior notice.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROBERTO BENDINELLI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE OUR PRODUCTS, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH OUR PRODUCTS, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF ROBERTO BENDINELLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ROBERTO BENDINELLI’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PRODUCTS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PRODUCTS AGAIN).

IN ALL CASES, ROBERTO BENDINELLI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Roberto Bendinelli shall not be liable for any disputes between users of the Products. Any liability of Roberto Bendinelli shall be limited to the maximum extent permitted by applicable law.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You.

Indemnification

You agree to indemnify, defend and hold harmless Roberto Bendinelli and his affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or your violation of any rights of another user of the Products.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PRODUCTS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ROBERTO BENDINELLI, ON HIS OWN BEHALF AND ON BEHALF OF HIS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO OUR PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ROBERTO BENDINELLI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT OUR PRODUCTS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, 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.

WITHOUT LIMITING THE FOREGOING, NEITHER ROBERTO BENDINELLI NOR ANY OF HIS PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF OUR PRODUCTS, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT OUR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR PRODUCTS; OR (IV) THAT OUR PRODUCTS, THEIR SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF ROBERTO BENDINELLI ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

Dispute Resolution

If You have any concern or dispute about the Products, You agree to first try to resolve the dispute informally by contacting Roberto Bendinelli. If a dispute is not resolved within 30 days of submission, you or Roberto Bendinelli must resolve any claims relating to these Terms, the Products, or the Products through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the courts of the Canton of Vaud, Switzerland.

Notwithstanding the foregoing, Roberto Bendinelli shall have the right to bring legal action against You in your local jurisdiction for any claims or disputes arising from your use of Our Products or your breach of this Agreement. Additionally, you may have the right to bring claims against Roberto Bendinelli in your local jurisdiction if required by applicable law.

Compliance with Laws

You represent and warrant that (i) You are not located in a country that is subject to a Swiss Government embargo, or that has been designated by the Swiss Government as a “terrorist supporting” country; and (ii) You are not listed on any Swiss Government list of prohibited or restricted parties.

You agree to comply with all local laws and regulations regarding your use of Our Products. You also agree to comply with all applicable laws regarding the transmission of technical data exported from Switzerland or the country in which you reside.

International Users and Data Transfer

Our Products are controlled and operated from Switzerland and are not intended to subject Roberto Bendinelli to any non-Swiss jurisdiction or law. By using Our Products and providing any information, including personal information, You consent to the transfer and processing of such information in Switzerland and other countries where Roberto Bendinelli or his service providers operate, which may have different data protection laws than your jurisdiction.

Users are responsible for ensuring their use of Our Products complies with all applicable laws and regulations in their jurisdiction.

Language

The original and legally binding version of this Agreement is written in English. Any translations of this Agreement are provided for convenience only. In the event of any inconsistency or discrepancy between the English version and any translated version, the English version shall prevail.

Severability

If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Entire Agreement

This Agreement, together with any other legal notices and agreements published by Roberto Bendinelli via the Products, shall constitute the entire agreement between You and Roberto Bendinelli concerning the Products. It supersedes any prior agreements or understandings, whether written or oral.

No Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Changes to this Agreement

We reserve the right, at Our sole discretion, to modify or replace this Agreement at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Products after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using Our Products.

Contact Us

If you have any questions about this Agreement, You can contact Us at: strobetano [at] outlook [dot] com.