TERMS OF USE (EULA) AND SUBSCRIPTION CONDITIONS

Last update: 15-01-2025

Welcome to the native EffettoVIOLA app (hereinafter also referred to as the “Service” or “App”). The App is provided by Effetto Viola S.r.l., based in Italy, via bocca di lupo 6, Bologna (hereinafter “Effetto Viola”, “we” or “our”).

PLEASE READ THESE TERMS OF USE (EULA) AND SUBSCRIPTION CONDITIONS CAREFULLY BEFORE USING THIS APP OR SUBSCRIBING.

By using the App and/or subscribing, the user (hereinafter “User” or “you”) fully accepts these Terms of Use (EULA) and the Subscription Conditions (collectively, “Terms”). If you do not intend to accept these Terms, please do not use the App or its services.

These Terms may be subject to changes. The User will be informed of significant changes with at least thirty (30) days’ notice, where required by law. If the User does not accept such changes, they may withdraw from the subscription according to the procedures set forth in the “Cancellation and Withdrawal” section below.

1. DESCRIPTION OF THE SERVICE

1.1 Features and Purpose

  • The EffettoVIOLA App offers audio/visual content (“Content”) aimed at improving overall well-being.
  • The subscription includes personal, non-transferable, and non-sharable access (unless otherwise indicated) to such Content.
  • The Service is available for personal and non-professional use only. For any multi-user (professional or corporate) plans, please contact our support.

1.2 Technical Requirements

  • To use the App, a stable Internet connection and a compatible device (smartphone or tablet iOS/Android) are required.
  • Any data traffic costs depend on your mobile operator.
  • Some features of the App may be available only on updated operating system versions.

2. IN-APP SUBSCRIPTIONS

2.1 Types of Subscription

  • The App offers a single Premium plan (“Premium Plan”) with automatic renewal every [6 months] at a cost of [49.00 EUR]. The price may vary by country and local currency.
  • Payment and subscription management are handled via Apple (App Store) or Google (Google Play), depending on the platform.

Note: The actual amount in local currency may vary depending on the user’s country of residence and the pricing tiers determined by the Store. The User will see the final price before completing the in-app purchase.

2.2 Automatic Renewal

  • The subscription automatically renews at the end of the chosen period, unless the User cancels at least 24 hours before the current period ends.
  • At renewal, the cost for the next period will be charged to the payment method associated with the User’s App Store or Google Play account.

2.3 Managing the Subscription and Cancellation

The User may manage or cancel the subscription at any time from the settings of their account (Apple ID or Google Play), following the procedures indicated by the respective Stores:

The cancellation becomes effective at the end of the current billing period. No refunds will be granted for partial periods used.

2.4 Right of Withdrawal and Refund Policy

  • No right of withdrawal after usage: EffettoVIOLA content is provided in digital form with the service commencing from the time of purchase. Therefore, once you have started using the Content, no refunds are provided.
  • If the User requires a refund, they must contact Apple or Google directly, in accordance with the respective platform’s refund policies.

3. PERSONAL USE AND RESTRICTIONS

3.1 License of Use

  • The App and its Content are licensed to the User for personal, non-transferable, non-sublicensable, and revocable use only, if these Terms are violated.
  • All intellectual property rights relating to the App and the Content remain the property of Effetto Viola or its licensors.

3.2 Prohibitions

  • It is prohibited to copy, distribute, publish, transmit, modify, reverse engineer, bypass security measures, sell, or otherwise commercially exploit the App or Content.
  • It is prohibited to share login credentials with third parties or use the App in any way that violates applicable laws.

4. HEALTH WARNINGS AND LIABILITY LIMITATIONS

4.1 Purpose of Use

EffettoVIOLA’s Content is intended to promote general well-being. It does not replace the advice of a doctor or health professional and is not designed to diagnose, treat, or prevent any medical condition. In case of special circumstances (pregnancy, illnesses, psychological discomfort, etc.), the User is advised to consult a specialist before using the App.

4.2 No Warranty

The App and Content are provided “as is,” without any warranties. Effetto Viola does not guarantee uninterrupted or error-free use of the App.

4.3 Limitations of Liability

Effetto Viola shall not be liable for any direct or indirect damages resulting from the use or inability to use the App or Content, except in cases of willful misconduct or gross negligence. The User is responsible for assessing their own suitability to use the App and, in the event of unwanted symptoms, should stop using it and consult a doctor.

5. SUSPENSION OR TERMINATION OF SERVICE

Effetto Viola reserves the right to suspend or terminate, in whole or in part, access to the App in the event of a breach of these Terms or for technical reasons. If the subscription ends (due to cancellation or non-renewal), access to the Content ends at the conclusion of the paid period.

6. PRIVACY AND DATA PROTECTION

The User’s personal data is processed in accordance with our
Privacy Policy,
which explains how we collect, use, and protect User information.

7. FINAL PROVISIONS

7.1 Governing Law and Jurisdiction

These Terms are governed by Italian law. Any dispute shall be subject to the jurisdiction of the Court of Bologna, subject to any non-derogable legal provisions protecting consumers.

7.2 Alternative Dispute Resolution

The User may use alternative dispute resolution (ADR) methods as per Legislative Decree 206/2005 (Consumer Code). The European ODR platform is also available at
ec.europa.eu/consumers/odr.

7.3 Severability

If any provision of these Terms is deemed invalid, it does not affect the validity of the remaining provisions, which remain fully effective.

7.4 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between Effetto Viola and the User, replacing any prior agreements, oral or written, regarding the use of the App.

7.5 Contacts

For questions or information, please contact Effetto Viola by email:
info@effettoviola.it

USEFUL LINKS

INFORMATION REQUIRED BY APPLE FOR AUTO-RENEWABLE SUBSCRIPTIONS

  • Subscription Title: EffettoVIOLA Premium (Single)
  • Subscription Duration: 6 months (auto-renewing)
  • Subscription Price: €49.00 (or local equivalent)
  • Cancellation: The User can manage the subscription in their Apple or Google account settings at least 24 hours before the end of the billing period.
  • No Refunds: Once the digital content has been used, no refunds are provided.

By confirming the purchase of a subscription or continuing to use the App, you declare that you have read, understood, and accepted these Terms of Use (EULA) and the Subscription Conditions.

Thank you for choosing EffettoVIOLA!