These Terms and Conditions, unless specifically agreed otherwise in writing, govern the use of the Yousafe App and the features accessible through it, as provided by Syncmoz Srl, a company headquartered at Str. Dealul Tugulea nr. 77, Office 2, Floor 1, Sector 6, Bucharest – Romania, VAT/Tax ID no. 49420708, which fully owns the rights to the App. These terms replace and/or supersede any prior arrangements or agreements. Unless otherwise agreed, the latest version of these Terms and Conditions made available through the App shall apply to the relationship between the Parties, subject to the General Terms and Conditions of Google and Apple stores, which facilitate the purchase and access to the Services for the User.
These Terms shall be deemed fully valid and binding between the Parties if explicitly accepted during the User’s registration process. Additionally, for the purposes of legal presumption of awareness, they will be deemed accepted unless disputed in writing, including via email, within 15 days of registration or within a shorter period between registration and the use of the App’s features. In the event these Terms are translated into other languages, the English version shall prevail and be considered authoritative.
The nullity, voidability, or invalidity of one or more provisions contained in these General Terms shall not affect the validity or enforceability of the remaining clauses, which shall remain effective between the Parties, as specified in Art. 16.3. By using the Yousafe App, the User confirms ownership of the account and lawful possession of the associated smartphone and/or device, subject to the provisions outlined in Arts. 2.5 and 7.2 regarding potential third-party use.
Where third-party services are made available as part of the Services, the respective terms of service and privacy policies of such third parties shall apply to the User’s use, starting with the conditions applied by the marketplace used for downloading (Apple Store or Google Play).
1. SUBJECT OF THE AGREEMENT
The subject of this Agreement is the provision of content available through the Yousafe App, with features, costs, and usage methods clearly detailed within the App, during registration, and/or in promotional materials also accessible on the website yousafe.app. The Yousafe App is available on the Apple Store and Google Play, under the terms and technical conditions provided by each respective store.
By selecting the Basic version, the User can access the core content of the Service upon completing the registration and installation process on their personal smartphone. Conversely, by opting for the Premium version, the User can access additional features and content upon subscribing to the relevant plan and paying the applicable fee, as detailed below.
The Basic version, which is free of charge, enables Users to:
Identify whether incoming phone numbers are categorized as spam, telemarketing services, or telesales (e.g., phone services, energy providers, or other products/services marketed through telesales or telemarketing).
Assign a rating to a phone number by selecting a parameter predefined by the App. This can be applied to a contact in the phonebook (if the User has consented to link their phonebook to the App), an incoming caller ID, or numbers retrieved from recent calls.
View a summary rating assigned to a contact when receiving a call from it.
With the Premium version, the User gains access to all features of the Basic version, plus additional functionalities such as:
Viewing ratings and outcomes associated with caller IDs (from the phonebook, incoming calls, recent calls, or other sources) as shared by the User community in an aggregated and anonymized manner.
Checking the rating/outcome of numbers not stored in their phonebook or among incoming calls, displaying the aggregated results provided by the User community for the same number.
Additionally, Users can opt to purchase prepaid credits, which correspond to an upfront payment and are deducted on a pay-per-use basis for each specific inquiry. These credits allow Users to search for a phone number (other than those in their phonebook or incoming call logs) and view the aggregated outcomes provided by the User community for that specific number.
1.2 At any time during registration or navigation, the User can access the App and/or website pages dedicated to subscriptions, where the terms, costs, and benefits are explicitly referenced via a hyperlink in the registration form or on web pages. The User may review the details, technical features, and associated costs of the services. By doing so, the User acknowledges that the services are suitable for the specific purpose they intend to use them for and assumes all associated risks.
1.3 Syncmoz Srl reserves the right to modify, remove certain information and/or services, rename them, as well as to integrate additional services, specifying their respective costs. The company also retains the right to amend the methods of service delivery at any time. The updated and current version of the App, along with its content and services, will always be available for review within the App and in the informational sections of the website yousafe.app.
1.4 Subscribing to a plan and purchasing the related services does not establish any relationship of collaboration, partnership, affiliation, association, or any other type of relationship between Syncmoz Srl and the User.
2. COMPLETION OF THE AGREEMENT AND USER REGISTRATION
The contractual procedure requires downloading the Yousafe App via the Apple Store or Google Play by selecting the designated Yousafe icon. Upon launching the App, the User will be prompted to enter the phone number on which they wish to install the App. Once the phone number is provided, the User will receive a one-time password (OTP) via SMS, which must be entered into the designated field. This security procedure ensures that the phone number is under the User’s control and that the registration process is being carried out correctly and with full awareness by the User.
During registration, the User will be asked to provide a nickname of their choice (which may not correspond to their real name or identity) and their country of residence, along with optional data such as a website, promotional codes, or other information. Once these details are submitted and successfully synchronized, the User must review the privacy policy, provide optional consents for the processing of personal data for commercial and/or marketing purposes, and accept the terms and conditions governing the various services.
The User can then use the Basic Service or opt to subscribe to the Premium Service by selecting the subscription duration and paying the corresponding fee via the credit card linked to their Apple Store or Google Play account, in accordance with the payment and billing terms of the respective marketplace operated by Apple Inc. or Google Inc.
By subscribing to the paid service, the User agrees to pay the applicable fees and any taxes in accordance with the payment and billing terms of the respective third-party platform they are using. Once the payment is credited, the User will gain access to all the features provided by the App.
The agreement is considered finalized at the time of payment of the agreed price. Syncmoz Srl will send, without delay and in any case within 24 hours of registration, a communication that includes a copy of these general terms and conditions. This is in addition to any receipt or payment confirmation and/or other communication issued by the chosen store, based on its applicable general conditions.
From the moment the payment is credited, the subscribed User can access all the services included in the selected subscription for its entire duration.
2.2 The description of the services and the methods of provision by Syncmoz Srl constitutes an invitation to contract, to which the User adheres by activating the App and, in the case of Premium services, by subscribing to the subscription plan and paying the related fee. This is to be considered, for all legal purposes, an expression of contractual intent.
It is reminded that all the information referred to in Article 6 of Directive 2011/83/EU is provided in these contractual terms, made known to the User before the conclusion of the contract via a specific hyperlink and expressly accepted by them, as well as made accessible through specific communication.
Users are advised to print and keep a copy of these terms and conditions, along with the summary sheet of the specific features of the chosen subscription plan.
It is emphasized that the communication referred to in Article 2.1 contains a summary of the general and specific conditions applicable to the contract, in compliance with Article 8 of Directive 2011/83/EU, without prejudice to any additional receipts and/or communications sent by the selected store, based on its applicable general conditions.
Finally, it is reminded that the User expresses acceptance of the contractual clauses specifically brought to their attention, thereby explicitly executing the contract.
If the User does not intend to accept even one of the terms and conditions of these General Conditions, they are invited to refrain from using the App and must remove it from their device.
2.3 During the registration and subscription procedures, the User may, at any time, access the various sections of the website describing the features of the services, the applicable prices, and the payment methods.
Furthermore, the User can, at any time, review, delete, and correct their data, without any obligation to complete the registration process and, consequently, the contract.
2.4 The User, as identified through their nickname and phone number, by accessing the Services provided by Yousafe for the selected individual services, expressly requests immediate execution.
2.5 The User is responsible for the proper safekeeping and management of their access credentials to Apple Store and/or Google Play, as well as for the security of their mobile device.
The User assumes full responsibility for any damage that may arise to themselves, third parties, and/or Yousafe from the improper use of such credentials and/or their smartphone, including the outcomes uploaded via their device, even in cases of third-party use following theft and/or loss.
In particular, in the event of loss or theft of credentials, impersonation of their Google Play or Apple Store profile, or any other event that could lead to unauthorized use of the Services by third parties, the User must immediately notify Syncmoz Srl via email.
Syncmoz Srl will block the App as soon as possible and, in any case, within 24 working hours of receiving the email. In such an event, to restore access to the services, the User must proceed with a new registration.
Under no circumstances can any unauthorized use of subscription services by third parties result in a partial or full refund of the subscription price or any other form of reimbursement or compensation, without prejudice to the User’s potential indemnification towards Syncmoz Srl for any damage caused to the evaluated subject (who cannot be identified except through their mobile contact) and/or to the User community.
3. CONDITIONS OF ACCESS AND SERVICE AVAILABILITY
3.1 Access to Yousafe services will occur via the Internet and specifically through the App on the User’s personal device (smartphone or other).
The verification of compatibility of the device, software, and network settings is entirely the User’s responsibility, as well as verifying any additional costs applied by their provider or mobile operator for internet browsing and data traffic.
Syncmoz Srl cannot, under any circumstances, be held responsible for any defect, difficulty, discontinuity, delay, or inability to access and/or use the services arising from the compatibility issues mentioned above, or related to any deficiency in the User’s software, hardware, or internet connection.
In particular, the User acknowledges that the use of services depends on the availability of internet access and data traffic, under the technical and economic conditions applied by their mobile operator or internet provider.
3.2 Syncmoz Srl assumes no liability for any damages, claims, or losses, whether direct or indirect, suffered by the User due to the malfunctioning or defective operation of third-party telephone and/or telematic equipment, including Internet Service Providers, or services not directly managed by Syncmoz Srl or by entities for which it is responsible.
3.3 Syncmoz Srl cannot be considered in default of its obligations, nor held liable for damages resulting from the failure to provide all or part of the requested Services due to the incorrect or non-functioning of electronic communication systems caused by factors beyond its control.
This includes, but is not limited to, power supply interruptions, unavailability of telephone connections, slow loading and/or display of results due to network issues and/or device performance, or the absence of specific permissions, and similar circumstances.
3.4 The Parties expressly agree that, in the event maintenance work—whether ordinary or extraordinary—is necessary to ensure proper access to the App and related Services and/or to improve their usability, Syncmoz Srl may temporarily suspend the Services, following prior notification on the website or the App.
Syncmoz Srl undertakes to minimize the duration of the suspension to the extent possible.
4. METHODS AND TIMELINES FOR SERVICE PROVISION
4.1 The cost of each subscription is detailed in the summary table of subscriptions available on the specific store.
Users are strongly encouraged to carefully review this information before accepting the contract.
4.2 Online content is generally provided, barring force majeure events, continuously, 24 hours a day, seven days a week, except as specified in section 3.4.
5. FEES
5.1 The User will pay as subscription fee the value in euros reported on the App and in the specifoco store, with the selected payment method and according to the indications provided online. All fees are inclusive of applicable fees and taxes, unless otherwise indicated. The monthly subscription cost is inversely proportional to the duration of the subscription (more months, less unit cost per month).
5.2 To finalize the purchase of the Subscription, the User may pay by credit card through the features of Apple Store or Google Play. To proceed to payment by the means of payment referred to in this article, the User shall use the relevant page made available by the platform and enter any data required for billing. The User acknowledges and accepts that the payments and all the management of the data required to make the payment are entirely managed by different third party companies, therefore, for the conditions relating to the payments please refer to the terms and conditions available within the websites of each of the third parties involved. At no time during the purchase procedure referred to in this article is the Syncmoz Srl Company able to know the information relating to the User’s credit card, transmitted via secure connection directly to the payment gateway site handling the transaction. No computer file of Yousafe will receive and/or store such data. Under no circumstances can Syncmoz Srl therefore be held responsible for any fraudulent and undue use of credit cards by third parties, at the time of payment not intervening in any way in payment transactions and not having any direct negotiating relationship with the User.
5.3 The Company Syncmoz Srl reserves the right not to accept the order. It also reserves the right to adjust, without prior notice, the rates. The new prices will be applied only for the Services requested after the change in the same.
5.4 The User acknowledges and accepts that Syncmoz Srl Company reserves the right to propose different rates or a discount to certain categories of Users and/or or on the occasion of particular commercial promotions, and the User shall have nothing to claim in this regard.
6. FATTURAZIONI
6.1 The billing of the services takes place solely by the chosen store, as the sole entity having contractual interface with the user and manager of payment transactions, based on the general conditions practiced by the same and according to the price list published on the same specific store.
7. RESPONSABILITÀ
7.1 The services usable through the Yousafe App and the Website are provided “AS IS.” No express or implied warranties, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose, are made to the extent permitted by law. No commitment is made regarding the proposed content and, in particular, no warranty is made that (a) the Services or content will meet expected requirements or be continuously available, uninterrupted, timely, secure, or error-free; (b) the outcomes and assessments associated with the processed deliverables are correct, true, free from risk or bias, up-to-date, valid, accurate, reliable, or suitable for the purpose for which the User intends to use them; (c) the quality of the content and in general the functionality of the App will live up to expectations or that (d) any errors or defects in the Services or content will be corrected. In particular, no liability is specifically assumed for any actions resulting from the use of a Service or content. You may access and use the Services for purely private, non-commercial or professional purposes, at your own discretion and risk assuming all liability for any harm to yourself and/or any third party, including the person to whom the processed contact information is referable, should you be identified or identifiable.
7.2 All information, data and outcomes obtained or made accessible or provided by Yousafe to the User are provided directly by the community of Users and constitute autonomous indications of the extender, without Yousafe and the Company Syncmoz Srl having any power or obligation to verify them and, therefore, do not constitute incontrovertibly certain data. The User, as already indicated in art. 2.5, is responsible for any outcome uploaded in association with his own address, being attributable to himself also actions committed by any third parties through his own device, which is and remains in the exclusive availability and control of the same User, without the Company Syncmoz Srl being able in any way to verify its ownership. The User, therefore, declares to be aware that the information accessible through the Services must be indicative and provided for the sole purpose of providing the User with elements of evaluation. The User is therefore obliged to check the data, expressly relieving the Company Syncmoz Srl from any liability that may arise from the determinations made in relation to the Services obtained, the use of the data, their possible disclosure and/or anything prejudicial to himself or third parties that may arise from the use of the Services, including any fines, penalties, reprimands or other, where the use is made in a manner or purpose contrary to current regulations.
7.3 Except in cases of wilful misconduct or gross negligence, the Company Syncmoz Srl is not liable, either by way of default, fault or negligence, for the inaccuracy of the information, or for damages of any nature whether direct or indirect suffered by the User, third parties in connection with the use or content of the Services. In particular, if the User has the status of a consumer as defined in Article 2.1 of the Consumer Rights Directive (2011/83/EU), the liability of Syncmoz Srl Company is limited only to the maximum extent permitted by law with the exception of cases of fraud, fraudulent misrepresentation or death or personal injury caused by negligence or wilful misconduct. If you are a party who is not a consumer, YOU EXPRESSLY AGREE THAT THE SYNCMOZ SRL COMPANY WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, even if advised of the possibility of such damages. In particular, and without limitation, Syncmoz Srl shall have no liability for any information stored or processed within the Services, including the costs of retrieving such information.
7.4 All information, data and anything else made accessible to the User are intended for the exclusive and internal use of the User, being expressly prohibited any mode of reuse, commercial exploitation, disclosure, communication, copying, printing, reproduction, even free of charge in favor of third parties. In particular, in the event that the User, on the basis of the Premium contract or by means of scaled credits, proceeds to process telephone numbers other than those entered in the address book or retrievable in recent calls or incoming calls, it is expressly forbidden to constitute a database in structured format of the addresses subject to query and/or proceed to their disclosure, publication, sharing or communication to third parties. The Company Syncmoz Srl reserves the right to proceed against the User for any damages that may arise to the same as a result of the violation of the foregoing obligations. The User, however, undertakes to indemnify the Syncmoz Srl Company from any claim that may be made, for any reason and/or title, against it by third parties.
7.5 Upon payment of the relevant subscription, the Company Syncmoz Srl will grant the User a personal, non-transferable, non-exclusive, non-sublicensable license for use, of a duration equivalent to the duration of the subscription and subject to the payment of the same, through which the User may enjoy the contents and Services, exclusively for personal use The User is aware that the contents may only be enjoyed through the Yousafe App, according to the functionality of the same, explicitly accepting any reservations, prohibitions and/or limitations.
7.6 Subject to Sections 7.4 and 7.5, User shall not download, copy, use, transfer, rent, sub-license, lend, modify, adapt, attempt to modify or alter the source code, reverse engineer, scrap, decompile, disassemble or otherwise operate, in whole or in any part, on the content and functionality of the App. Nothing contained in these Terms and Conditions and/or elsewhere shall be construed as an implied license or assignment, by acquiescence or otherwise, of rights to Users. Unauthorized and/or other than strictly personal use, copying, reproduction, modification, republication, updating, downloading, transmission, distribution or duplication or any other misuse of the contents and anything related to the App by the User shall be deemed prohibited.
8. YOUSAFE’S OBLIGATIONS
8.1 Syncmoz Srl undertakes to diligently manage the care and maintenance in a state of efficiency of all features of the App. In particular, it undertakes to provide adequate and efficient technical support, upgrades and updates for the Services. The Syncmoz Srl Company, however, shall have no obligation to provide support or maintenance for the Services under these Terms and Conditions and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.
8.2 The Company Syncmoz Srl undertakes to take appropriate measures for the proper management of its IT tools, carrying out regular extraordinary and ordinary maintenance, in order to limit the risk of inefficiency to customers.
8.3 Syncmoz Srl does not assume any liability different and/or additional to that specified in Articles 7.1 and 7.2 and 7.3.
8.4 The Company Syncmoz Srl fully implements the requirements set forth in the regulations on Privacy, Electronic Commerce, Distance Selling according to what is diffusely explained The Company Syncmoz Srl, however, makes itself a diligent party towards its Users, in order to ensure, as far as possible and known, compliance with any prescription, recommendation or relating to the conduct of its business, which should intervene over the years.
9 USER’S OBLIGATIONS
9.1 In addition to all that is specified in art. 7 “Responsibilities”, the User guarantees that the data reported in the Registration Forms are correct and up to date, as well as guaranteeing that he/she is of legal age and possesses the capacity to act and to contract, relieving the Company Syncmoz Srl of all responsibility in the event of violation by the same user of the obligations referred to in this art. 9.1, recognizing, also, to the same company the right to block access to its services in case of untrue data (inactive address, disputes on the same etc).
9.2 The Services are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. Under no circumstances may the User use the corporate name and/or trademarks and/or Logos and/or any other distinctive sign and/or data and/or method covered by the industrial property rights of Yousafe and the Syncmoz Srl Company without prior authorization. The intellectual property rights on all documentation contained in the site, software and products or services available through the App, as well as any trademarks, patents, database rights belong to the Company Syncmoz Srl and/or its licensors. The availability of such trademarks and/or other data or content covered by industrial property rights on the site does not in any way constitute attribution of the license to use them.
9.3 User agrees not to:
a. sell, license, or distribute the content as a stand-alone work or as part of an online or other database, or derivative product containing the content enjoyed through the App, in a manner that would allow a third party to use, download, extract, or access the content or part thereof as a stand-alone file;
b. share the content with other natural or legal persons or post the content online in a downloadable format or post the same on an electronic bulletin board;
c. promote the content and functionality of the App by means of massive communications, social or other form of advertising not agreed with Syncmoz Srl. Only the promotion of the Services, by the User who is satisfied, in a private form, by means of one to one communication is permitted. The Syncmoz Srl Company reserves the right to organize referral campaigns with the modalities and incentive mechanisms communicated from time to time, to which the User will be free to join or not.
d. use, reproduce, distribute, perform, modify, or display the content (including, but not limited to, alone or in combination with other data) in a manner that is libelous or abusive or otherwise defamatory, obscene or indecent, immoral or illegal or to harass, abuse, stalk, threaten, or otherwise violate the rights of any other party;
e. use the Services in a manner that is contrary to law, any regulation or requirement, or to carry out prohibited activities;
f. remove copyright or proprietary notices or other information that may appear on or be incorporated into or associated with the Content originally enjoyed;
g. embed downloaded Content in a logo, trademark or service mark;
h. use the Services, Content, or information to attempt to circumvent the smooth operation of the Services or reduce the fees or charge charged by any means, including by creating multiple accounts, redirecting traffic, following other fraudulent activities. or deceptive practices, creating a parallel repository of the same, or attempting to circumvent the Services or compete with the Yousafe App;
i. exploit the Services or Content in any unauthorized manner, including but not limited to, trespassing or overloading network capacity;
j. take any action in connection with the content that infringes or violates the intellectual or other property rights of a natural or legal person including, but not limited to, the moral rights of the author, as expressly mentioned, and/or the Syncmoz Srl Company and the rights of third parties;
k. post content on a social media site
l. challenge the rights of Syncmoz Srl Company or otherwise attempt to enforce any rights in the Services or any Content provided by the same or other Users, except for rights explicitly granted under these Terms
9.4 You may not assign the agreement and your rights under it to any third party, in whole or in part, nor may you use the Services on any device that you do not own or control.
9.5 You are solely responsible for any outcome you post or communicate directly in or on the Services. To this end, you agree and warrant that you will only post or communicate content that:
– is true and not false or misleading
– is not likely to be considered threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, abusive, libelous, or otherwise unlawful or inappropriate;
– is owned by you or that you have the right to distribute;
– does not constitute a violation of the privacy rights of any third party; and. do not constitute information that you are not legally authorized to distribute (such as privileged or confidential information);
– do not contain software viruses or any other technology that could harm the Services, or the interests or property of our Services or other Users of the Services.
10 DURATION
10.1 Users subscribe to a subscription having a duration equal to the type chosen. The Services will be made available to the User through the App and will be available until the expiration of the Agreement. The User represents and acknowledges that failure to pay the Subscription for the chosen Service and/or failure to renew the same will result in the termination of the User’s account on the App and the consequent inability of the User to access the Services.
10.2 The User has the right not to renew the Subscription at the expiration of the same, according to the methods expressly recognized in the matter of cancellation by the platform in use (Google Play or Apple Store); otherwise, the Subscription will be automatically renewed. The enjoyment of the content remains, however, subject to the payment of the total cost indicated for the type of subscription chosen.
10.3 Since the payment of the total consideration for the chosen subscription is made in advance, withdrawal in advance of the indicated due date and/or in any case uninstalling the App prior to the expiration of the subscription and/or not using the current Services, shall not result in any right to a full or partial refund of the amounts paid for the Services.
11. EXPRESS TERMINATION CLAUSE
11.1 It will result in the immediate termination of any contractual relationship between the Parties, with the consequent right of the Company Syncmoz Srl to retain any remaining amount paid by way of advance payment and without prejudice to any right to compensation for damages, in the event of violation by the User of one or more of the following obligations and prohibitions:
(a) obligation to use the content for strictly personal use;
(b) obligation not to disclose, communicate, or make accessible, even indirectly and free of charge, the content or Services to third parties;
(c) Prohibition of reusing or assigning in any capacity to third parties the material provided by Yousafe;
(d) obligation not to engage in conduct that may cause confusion between the actions, choices, evaluations and activities of the User and Yousafe.
12. DISCIPLINE EX. DIRECTIVE 2000/31/EU
12.1 Pursuant to and for the purposes of Directive 2000/31/EU, under the heading “Information directed at the conclusion of the contract,” the following information is provided below:
(a) The various technical steps to be followed in concluding the contract are clearly spelled out in these General Conditions in Articles 1 and 2;
(b) These general terms and conditions are stored on Yousafe’s website and kept, in the current updated version, also in hard copy at Yousafe’s premises. Summary prospectuses with the data entered by the User for registration are stored on computer media. The User receives a copy of this prospectus within the conclusion of the registration process and/or in any case within 24 hours of check out in a format suitable for storage in electronic format, as well as for printing and storage on paper support (link by SMS on the personal address provided and/or other suitable way);
c) During the registration process the user may at any time rectify the data entered. The system does not allow the successful completion of the registration process in case of incorrect and/or incomplete entry of data necessary for the conclusion of the contract;
(d) The contract can be concluded in English and Italian;
(e) Any disputes that may arise in connection with this contract or related to it shall be settled as provided below in Article 15.
12.2 In order to make these contractual conditions knowable, the Company Syncmoz Srl has made them accessible independently and subject to the User’s subscription. In particular, the telematic system adopted in the Yousafe App inhibits the successful completion of the procedure of forwarding the Subscription Form if the User has not read and expressly accepted by means of a point and click mechanism these contractual conditions.
13. DISCIPLINE EX DIRECTIVE 2011/83/EU
13.1. In ottemperanza alla Direttiva 2011/83/UE, che regolamenta i rapporti contrattuali intercorrenti tra un operatore commerciale ed un consumatore, ovvero “una persona fisica che agisca per scopi estranei all’attività imprenditoriale o professionale eventualmente svolta”, nei contratti a distanza, la Società Syncmoz Srl, prima della conclusione del contratto, ai sensi e per gli effetti dell’art. 6, fornisce le seguenti informazioni:
(a) the main features of the goods or services, to the extent appropriate to the medium and the goods or services; this is an App that allows users to capture caller ID information, with a view to spam prevention, and/or to associate a rating/outcome with contact information in their address book, of recent and/or incoming calls, and/or to view, on the same categories of incoming calls, the aggregate outcomes of the user community;
(b) the identity of the professional: the supplier is Syncmoz Srl whose full contact details, can be found on the home page of the site, as well as listed in (c), as well as on the Apple and Google stores;
(c) the geographical address where the professional is established and its telephone number, fax number and electronic address, where available, to enable the consumer to contact the professional quickly and communicate effectively with him and, if applicable, the geographical address and identity of the professional on whose behalf he is acting: Company Syncmoz Srl, located in Str. Dealul Tugulea nr. 77, Birou 2, Et. 1, Sector 6 in Bucharest – Romania, e.mail: info@yousafe.app;
(d) if different from the address provided in accordance with (c), the geographical address of the place of business of the professional to which the consumer may address any complaints and, if applicable, that of the professional on whose behalf he acts: see (c);
(e) the total price of the goods or services including taxes or, where the nature of the goods or services means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated and, where applicable, all additional shipping, delivery or postage and any other costs or, where such costs cannot reasonably be calculated in advance, an indication that such costs may be charged to the consumer; in the case of an open-ended contract or a contract including a subscription, the total price shall include the total costs per billing period; where such contracts provide for the charging of a fixed fee, the total price shall also equate to the total monthly costs; if the total costs cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be provided: Base services are usable free of charge – services included in the Premium option are usable by subscription; the price of the Premium service is diversified according to the duration of the subscription, without prejudice to the cost of any credits for performing delivery search that can be requested from both Base and Premium customers. The full price list can be viewed in the appropriate Section of the App and on the Google and Apple stores;
(f) the cost of using the means of distance communication for the conclusion of the contract when this cost is calculated on a basis other than the basic tariff: there are no additional costs for the means of distance communication technology compared to the basic connection tariff, which is diversified for each user according to the contractual conditions negotiated by him/her with his/her provider;
(g) the terms of payment, delivery and performance, the date by which the trader agrees to deliver the goods or perform the services, and, if applicable, the trader’s handling of claims: payment made as per the directions and terms provided by the Apple Store and Google Play using a credit card associated with one’s Apple Store or Google Play profile;
(h) where there is a right of withdrawal, the conditions, terms and procedures for exercising that right in accordance with Article 11, as well as the model withdrawal form set out in Annex I, Part B: the right of withdrawal cannot be exercised since it is digital content available after downloading, in accordance with Article 16(m) of Dir. 2011/83/EU;
(i) if applicable, information that the consumer will have to bear the cost of returning the goods in the case of withdrawal and in the case of distance contracts where the goods by their nature cannot normally be returned by mail: not applicable;
(l) that if the consumer exercises the right of withdrawal after making a request, the consumer is responsible for paying reasonable costs to the trader: not applicable;
(m) if there is no right of withdrawal under Article 16, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses the right of withdrawal: see (h);
(n) a reminder of the existence of the legal warranty of conformity for goods: legal warranty with the limitations set forth in Article 7;
(o) if applicable, the existence and conditions of consumer after-sales care, after-sales services, and commercial warranties: not applicable;
(p) the existence of relevant codes of conduct, and how copies can be obtained, if any: no codes of conduct for the sector;
(q) the term of the contract, if applicable, or, if the contract is for an indefinite period or is an auto-renewal contract, the conditions for terminating the contract: equal to the term of the subscription, with auto-renewal or termination according to the terms practiced by the Apple Store or Google Play;
(r) if applicable, the minimum duration of the consumer’s obligations under the contract: not applicable;
(s) if applicable, the existence and terms of deposits or other financial guarantees that the consumer is required to pay or provide at the request of the trader: not applicable;
(t) if applicable, the functionality of the digital content, including applicable technical protection measures: See Privacy Policy and Legal Disclaimer found on yousafe.app;
(u) any relevant interoperability of the digital content with hardware and software, of which the practitioner is aware or can reasonably be expected to have become aware, if applicable: content compatible with major devices according to the specifications indicated by the Google and Apple stores;
(v) if applicable, the possibility of using an extra-judicial complaint and appeal mechanism to which the professional is subject and the conditions for having access to it: see Art. 15.
13.2 Yousafe respects the principles of fairness and good faith in contracting to protect consumers by adopting industry regulations where to be referred to by law.
14. PRIVACY
14.1 The Company Syncmoz Srl informs that in relation to the EU Reg. 2016/679, it carries out the processing of personal data in accordance with the principles of correctness, lawfulness, transparency, protecting the confidentiality of the data of the person concerned and ensuring the scrupulous adoption of the most accurate and innovative security measures.
14.2 In the registration phase referred to in art. 2, the Company Syncmoz Srl provides complete information pursuant to art. 13 Legislative Decree 196/2003 (insert here the link to the Information pursuant to art. 13) in order to acquire the relevant consent to the processing of data by the data subject and provide adequate information, among other things, of the methods of exercise by the data subject of the rights referred to in art. 15 et seq. of the GDPR
15. APPLICABLE LAW AND JURISDICTION
15.1 This contract is governed by Romanian law.
15.2 In the event of disputes arising out of or related to this contract, the parties undertake to seek a fair and amicable settlement among themselves. The European Commission has made available a platform related to online dispute resolution called the ODR platform which is intended to facilitate the out-of-court settlement of online disputes concerning contractual obligations arising from online sales or service contracts. The platform can be reached at the link: http://ec.europa.eu/consumers/odr
15.3 If the dispute has not been resolved amicably or through the mediation of the ODR platform the dispute will be referred to the exclusive jurisdiction of the Bucharest Court
16. FINAL CLAUSES
16.1 The clauses of the General Terms and Conditions contained in Articles 7.4; 7.6; 9.2 and 9.3 shall remain valid and effective even after termination of the Service, due to termination or expiration of the subscription.
16.2 Any tolerance on the part of Syncmoz Srl Company towards conduct of the User put in place in violation of any provision of the General Conditions does not constitute a waiver of the rights arising from the violated provision, nor of the right to demand the proper fulfillment of all the provisions of the General Conditions themselves.
16.3 Should any term or other provision of the General Conditions be declared void, voidable or unenforceable, all other terms and provisions of the General Conditions shall, however, remain in full force and effect.
If you have any questions regarding our Services or these Terms, please contact our customer support team by visiting the Support section of our Web site at yousafe.app You may also contact us by e-mail by writing to info@yousafe.app.