TERMS AND CONDITIONS OF USE
Before using the services provided, please carefully read the following terms and subsequent conditions of use ("Agreement"). This Agreement establishes the legally binding clauses for the use of the Lïo software, the subscription service used in conjunction with the device(s) ("Subscription" or "Membership"), and the services, features, content, websites (or other linked pages), or applications offered from time to time by Anteprima Brands International Ltd in relation to them (collectively "Services"). These terms cover relevant information about the services provided and any charges and amounts billed. They also include news about future changes to these terms and automatic renewals.
The definitions of "you," "your," "you," and "you" refer to the person accessing or using the services. If you create an account on behalf of an employer, company, organization, or other entity, then (i) all references to "you" include you and that entity and (ii) you represent and warrant that you are an authorized representative of the entity with authority to bind the entity to this Agreement and to accept it on its behalf.
By accessing and using the Service in any way, you acknowledge that you have read, understand, and agree to be bound by this Agreement and thePrivacy Policy, which is incorporated into this Agreement by this reference. If you do not accept this Agreement and the Privacy Policy, you are not authorized to use the Services.
While all of this Agreement is important, you should pay special attention to: (a) when we may terminate this Agreement, how your Subscription automatically renews, and your associated payment duties (see Sections 5 and 10); (b) the fact that we do not provide medical advice (see Section 8); (c) the situations in which you may have to compensate us for losses (see Section 11); (d) the disclaimers in Section 12; and (e) our liability to you (see Section 13).
1. INTRODUCTION
The Services allow you to monitor, manage, and share wellness information collected from the device(s). The Services are provided to you by Anteprima Brands International Ltd, in collaboration with our partners, service providers, sponsors, or other affiliates. Therefore, to securely and responsibly manage our website and mobile applications for all our users, the use of the Services is subject to this Agreement and the Privacy Policy. Anteprima Brands International Ltd may modify this Agreement, the Privacy Policy, the Content, and/or the Services at any time, and such changes will take effect upon posting of such changes on the Services. By continuing to access or use the Services after such changes, you agree to be bound by the modified Agreement, Privacy Policy, Content, and/or Services, as applicable. <br><br>If a change negatively impacts your rights and obligations under this document or the Services and/or Content provided (in each case as reasonably determined by Anteprima Brands International Ltd), you may terminate this Agreement within ten (10) days of the change taking effect by notifying us in accordance with Section 16, and we will provide you with a prorated refund of any Subscription Fees you have paid in advance that reflect the period during which you did not benefit from the Services as a result of such termination. Whether you have purchased a Subscription or received it from a third party, this Agreement will apply to your use of the Services in conjunction with a Subscription.
2. REGISTRATION
The Anteprima Brands International Ltd Subscription may include one or more devices, in addition to access to the Predictia app, which provides personalized insights on monitoring your health. Anteprima Brands International Ltd offers various Subscription options. Pricing information for each Subscription is available on predictia.life
To use the Subscription, you must sign up, pay any applicable subscription fees ("Subscription Fees") upon expiration, and create an account ("Account"). You agree to provide truthful, accurate, and complete information and to keep your Account information updated and correct. You must not select or use as a username the name of another person with the intent to impersonate that person or use as a username a name subject to the rights of someone other than yourself without proper authorization. You are solely responsible for any activity that occurs with your Account or password and for keeping your Account password confidential and secure. You must never use another user's account or registration information for the Services without permission. You agree to notify us immediately of any changes in your eligibility to use the Services, security breaches, or unauthorized use of your Account or password. You should never publish, distribute, or post your Account login information. You will have the option to delete your Account, either directly or by requesting one of our employees or affiliates. Anteprima Brands International Ltd will not be responsible for any losses or damages resulting from your failure to comply with this Section.
3. ELIGIBILITY
You represent and warrant that you are at least 18 years old. If you are under 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. Your right to access the Services is revoked in cases where this Agreement or use of the Services is prohibited or to the extent that the offer, sale or provision of the Services conflicts with any applicable law, rule or regulation.
4. USE OF SERVICES
The software, text, graphics, images, videos, audio, data, and other materials of Anteprima Brands International Ltd made available through the Services are collectively referred to as "Content." Subject to this Agreement and your Subscription, we grant you a non-exclusive, non-sublicensable, and non-transferable limited license to (i) access and use (i.e., download and view locally) the Content and the software and applications made available through the Services, and (ii) use the Lïo software in each case solely for the purposes of using the Services. <br><br>The use, reproduction, modification, distribution, or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from us. You may not sell, license, rent, or otherwise use or exploit any Content for commercial use or in a manner that infringes third-party rights. The Content may be owned by us or may be provided based on agreements we have made with others, including other users of the Services or our partners, sponsors, or affiliates. The Content is protected by intellectual property rights under European laws and all other countries where the service is marketed. Unauthorized use of the Content may violate copyright, trademark, and other laws. <br><br>Except for your rights to any User Content (as defined below), you have no rights to or in relation to the Content and may not use the Content except as permitted by this Agreement. No other use is allowed without our prior written consent or that of the Content owner. You must retain all copyright notices and other proprietary notices contained in the original Content on any copy made of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, create derivative works, distribute, or otherwise use the Content in any way for public or commercial purposes. If you violate any part of this Agreement, your permission to access and/or use the Content and the Services is automatically terminated, and you must immediately destroy any copies of the Content you have created.
Various company, product and service names displayed on the Services may be trademarks or service marks owned by third parties (the "Third Party Marks"). Your use of the Services should not be construed, by implication, estoppel or otherwise, as granting you a license or right to use any Third Party Marks displayed on this Service. The Third Party Marks may not be used to disparage the applicable third party, its products or services, or in any manner in which, in our reasonable judgment, it would harm the goodwill in the Third Party Marks.
The Services include access to links, content and data from third-party websites ("External Services"). These links, content and data are provided solely as a convenience to you and do not constitute an endorsement by us of the content on such External Services and may be subject to separate terms and conditions between you and the third party. The content on such External Services is developed and provided by others. In addition, the Services provide access to content posted, stored or displayed at the direction of users of the Services, for which we cannot accept any responsibility or obligation.
The Services are for personal use only and may not be used in connection with commercial activities, except those specifically approved by Anteprima Brands International Ltd. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic means or otherwise for the purpose of sending unsolicited emails or other communications; (ii) any use of the Services that, in our sole discretion, degrades the reliability, speed, or functioning of the Services or any underlying hardware or software; (iii) using methods of web scraping, web harvesting, or data extraction from Anteprima Brands International Ltd, even if the Account owner gives permission; and (iv) any use of the Services that is illegal or in violation of this Agreement.
5. RESOLUTION
Unless otherwise prohibited by law and without prejudice to Anteprima Brands International Ltd's other rights or remedies, Anteprima Brands International Ltd will have the right to terminate (i) your Subscription immediately if you violate any of the terms of this Agreement, and (ii) any of the Services, at our sole discretion and at any time; provided that if you are not in violation of this Agreement, we will provide you with a prorated refund of any Subscription Fees you have paid in advance that reflect the period during which you did not benefit from the terminated Services as a result of such termination.
You must maintain an active Subscription to continue using the Services. This Agreement and your Subscription may be renewed for additional Subscription periods under the Subscription you purchased. If you do not maintain an active Subscription and do not pay all Subscription Fees when due, this Agreement will terminate.
If you have obtained a free Subscription, Anteprima Brands International Ltd reserves the right, at any time, to modify or discontinue, temporarily or permanently, such free Subscription, your Account, and your access to the Services with or without notice. Unless modified or discontinued by Anteprima Brands International Ltd at its sole discretion, your free Subscription will continue until the end of the respective free subscription period or until canceled or upgraded to a paid Subscription.
Unless otherwise stated, all Subscription Fees are non-refundable, even if you stop using the Services. Your Subscription will begin once you start using the service after registration and payment, or thirty (30) days after the shipment of one of the devices, whichever comes first. In the case of a monthly Subscription, you authorize Anteprima Brands International Ltd to charge your credit card after each prepaid period of 1 (one) month ends, and, subject to our Warranty and Return Policy below, you can only cancel your monthly Subscription after the expiration of your initial 12-month commitment period. In the case of annual and 24-month Subscriptions, the initial non-refundable Subscription Fee (subject to the conditions set forth in our Warranty and Return Policy below) covers the first 12 or 24 months of your Subscription, respectively. The initial Subscription Fee also covers the cost of your device, and you will retain ownership of it even after you terminate or cancel your Subscription and after paying the initial Subscription Fee.
If any Subscription Fees due are outstanding for a period of three (3) days or more, your Account will change to an inactive state. In this inactive state, you will not be able to upload data from your devices. However, you will still be able to access any historical data, that is, data uploaded before your Account went into an inactive state. Upon appropriate payment, your Account will be reactivated and you will be able to use the full functionality again.
Upon cancellation or termination, all licenses granted hereunder will automatically terminate, your right to use the Services will cease, and your User Content, as defined below, will no longer be available to you through the Services.
6. SUPPORT
You will receive support and maintenance, where applicable, as indicated in the FAQs of Anteprima Brands International Ltd or as provided with your Subscription.
7. USER CONTENT
The Services may include features that allow you to submit your User Content, either manually at the request of the Services users or automatically in accordance with your Account settings ("User Content") and the hosting, sharing, and/or publishing of such User Content. You represent and warrant that all User Content you provide is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. User Content includes, without limitation, any user profile information you submit and make public, any information collected from the devices provided by us, including, without limitation, statistics and measurements, wellness information, and recovery scores generated through the use of the Services, and any information you submit to "tag" any activities recorded through the Services. You understand that Anteprima Brands International Ltd does not guarantee any confidentiality regarding the User Content you submit and make available to others.
You will be solely responsible for User Content submitted or collected and for the consequences of our posting or sharing such User Content. In connection with User Content, you further agree not to: (i) post material that is copyrighted, protected by trade secrets, or otherwise subject to third party intellectual property rights, including rights of privacy and publicity, unless you are the owner of such rights or you have permission from the rightful owner to post the material and to grant us all licenses to the rights granted herein; and (ii) post falsehoods or misleading statements that could harm us or any third party; (iii) post material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, racially or ethnically offensive, or that encourages conduct that would constitute a crime, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post commercial advertisements or solicitations; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any liability in connection with any User Content. We do not permit activities that infringe copyright or intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes the intellectual property rights of others. We may remove any Content and User Content without notice. We may also suspend your access to the Services if you are deemed a repeat infringer. A repeat infringer is any person who has been notified of infringing activity more than once and/or has had User Content removed from the Services more than twice. We also reserve the right to decide whether User Content or User Content is appropriate and in compliance with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornographic, obscene or defamatory material, or excessive length. We may remove such User Content and/or suspend access for uploading such material in violation of this Agreement at any time, without notice and at our sole discretion.
If you are a copyright owner or an agent thereof and you believe that any User Content or other Content infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") or the EU Digital Copyright Directive (and any national laws implementing the same in the UK or EU) by providing our Data Protection Officer with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed;
(ii) Identification of the copyrighted work allegedly infringed, or, if multiple infringements are involved on a single online site, a representative list of such works on the site;
(iii) Identification of the material alleged to be infringing or the subject of the infringing activity and which is to be removed or access to which is to be disabled and information reasonably sufficient to enable us to locate the material;
(iv) Information reasonably sufficient to enable us to contact you, such as address, telephone number, and, if available, email address;
(v) A good faith statement that the use of the material in the manner complained of is not authorized by the copyright holder, its agent, or the law;
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right allegedly infringed.
Our designated Data Protection Officer to receive notifications of alleged violations and other communications relating to User Content and/or violations of this Agreement (e.g., violations of criminal laws) is. Only communications under this Section 7 and communications relating to complaints in connection with User Content or violations of this Agreement should be addressed to the Data Protection Officer; any other feedback, comments, requests for technical support, and other communications should be addressed to the address in Section 16.
8. NO MEDICAL ADVICE
Anteprima Brands International Ltd provides the Services for you to monitor, manage, and share information related to your well-being. The Services and any results or Content displayed through the Services, provided by Anteprima Brands International Ltd or third parties, do not provide medical advice and are not intended to replace (i) the advice of your physician or other medical professionals, or any diagnosis or treatment, or (ii) a visit, call, or consultation with your physician or other medical professionals. The Services are not intended to replace a physician in diagnosing, preventing, monitoring, treating, or alleviating disease, diagnosing, monitoring, treating, alleviating, or compensating for injuries or disabilities, investigating, replacing, or altering the anatomy of a physiological process, controlling conception, performing its primary action in or on the human body through pharmacological, immunological, or metabolic means, even if assisted in its function by such means, or prescribing treatments, administering medicinal products, or performing any other task that constitutes the practice of medicine or for other therapeutic purposes, and all Content available through the Services is for general informational purposes only. <br><br>Using the Services or communicating with us via the Internet, email, or any other means does not create any doctor-patient relationship. If you have health questions, call or consult your physician or other healthcare provider. You should never disregard medical advice or delay seeking medical advice because of any Content presented on the Services, and you should not use the Services or any Content on the Services to diagnose or treat health issues. You should always consult a qualified and licensed physician before starting or changing any diet, exercise, consultation, or training program. You agree that your sports activities involve certain inherent and significant risks of physical injury, death, or property damage, and you voluntarily assume all known and unknown risks associated with such activities.
9. HEALTH-RELATED CONTENT
The Content available through the Services may include recommendations and other material to help you achieve your health and wellness goals. You acknowledge and agree that Anteprima Brands International Ltd is not a healthcare provider and that the Services (including any recommendations and any information available through the Services that may seem personalized) may not be appropriate for you. Anteprima Brands International Ltd is not responsible for any outcomes that may or may not be achieved from the use of the Service.
10. PAYMENT OF FEES
a. Fees. You agree to pay (i) the Subscription Fees as described in this Agreement and during the purchase and payment process; and (ii) the initial non-refundable Subscription Fee (as described above). Any payment terms submitted during the process of obtaining your Subscription are considered part of this Agreement and are incorporated herein by reference.
b. Billing. We may collect payments directly from you or we may use a third party payment processor ("Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for your Subscription. Payment processing by a Payment Processor will be subject to that Payment Processor's terms, conditions and privacy policies in addition to this Agreement. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Subscription, you agree to pay us, either directly or through a Payment Processor, all Subscription Fees and other charges at the then-current prices and in accordance with the relevant payment terms, and you authorize us, through a Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or inaccuracies that we or a Payment Processor may make even if we have already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other Payment Method provider you choose. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account on demand. We reserve the right to request payment directly from you.
d. Recurring Billing. Subscription payment terms may consist of an initial period, for which there is a one-time charge, followed by charges for recurring periods as agreed by you. By choosing a recurring payment plan, you acknowledge that such Subscription Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SEND RECURRING CHARGES (E.G. MONTHLY OR ANNUALLY, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE US WITH NOTICE (RECEIPT OF WHICH IS ACKNOWLEDGED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SENT BEFORE WE CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO SUBSCRIPTION SETTINGS ON predictia.life
e. Mandatory current information. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION SO AS TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS IF YOUR BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE CHANGES), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (SUCH AS IN THE EVENT OF LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL SECURITY BREACH, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION MAY BE MADE IN YOUR ACCOUNT SETTINGS ON predictia.life IF YOU DO NOT PROVIDE ANY OF THE ABOVE INFORMATION, YOU ACCEPT THAT WE MAY CONTINUE TO ADDEBIT YOU EVENTUAL SUBSCRIPTION FEES UNLESS YOU HAVE RESOLVED YOUR SUBSCRIPTION AS INDICATED ABOVE.
f. Automatic renewal. The Subscription will automatically renew for successive monthly renewal periods if you have purchased a monthly Subscription, or for successive 12-month periods if you have purchased a 12 or 24-month Subscription. In the case of an annual or biennial Subscription, we will notify you by email at least thirty (30) days before such automatic renewal takes effect. To modify or terminate your Subscription, go to Account Settings on predictia.life. If you terminate your Subscription, you can continue to use your Subscription until the end of the current period, and your Subscription will not renew after the current period expires. However, you will not be entitled to a prorated refund of any portion of the Subscription Fee paid for the current subscription period. If you do not wish to continue being charged on a recurring basis, you must cancel or terminate your Subscription before the end of the current period. Your Subscription cannot be terminated before the end of the period for which you have already paid, and, unless expressly provided in these terms, Anteprima Brands International Ltd will not refund any amount you have already paid.
g. Reaffirmation of Authorization. Your failure to cancel or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for such Subscription. We may submit such charges for payment and you will be responsible for such charges. This does not affect our right to request payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected your Subscription purchase.
11. REIMBURSEMENT
You agree to indemnify and hold us harmless on demand for any losses, without limitation, reasonable legal and accounting fees, arising out of or resulting from (i) your User Content, (ii) your violation of this Agreement, (iii) your uploading or misuse of the Content or Services, or (iv) your violation of law. We reserve the right to assume the exclusive defense and control of any matter subject to this section. In such case, you agree to cooperate with all reasonable requests that assist our defense of such matter.
12. EXCLUSION OF WARRANTY
As a consumer, you have certain rights under the law and nothing in this Agreement can, or will, limit or remove those rights. We do not exclude or limit our liability to you for loss or damage where it would be illegal to do so, including defective or mischaracterized goods or services.
We have taken every reasonable precaution in providing the Services. However, except as set forth in Section 17 and to the extent permitted by applicable law, the Services and Content are provided "as is" and "as available" without warranties or conditions of any kind, express or implied. We hereby disclaim all implied warranties and conditions, including, without limitation, warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose.
We, our affiliates, partners, and our respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the Content (including User Content) or the Services, including, without limitation, accuracy, reliability, completeness, timeliness, or trustworthiness.
Neither we nor our affiliates or partners will be subject to liability for the truthfulness, accuracy, or completeness of any information transmitted to users of the services or for any errors, inaccuracies, or omissions therein or for any delays or interruptions in the flow of data or information, whatever the cause. In addition, we make no warranty that the services will be available error-free or that the services or content will be free of computer viruses or similar contamination or destructive features. If your use of the services or content results in the need to repair or replace equipment or data, we will not be responsible for those costs. You agree that your use of the services and content is at your own risk.
13. LIMITATION OF LIABILITY
To the extent we are permitted by applicable law to limit our liability, our liability to you for our failure to perform the Services with reasonable skill and care is limited to the total Subscription Fees paid by you and, for any other loss or damage suffered by you, whether direct or indirect (including, without limitation, lost profits or damages resulting from loss of data or business interruption), arising out of your use of or inability to use the Device(s), Services and/or Content, whether on the basis of warranty, contract, tort (including negligence) or any other legal theory, our liability is limited to one hundred euros.
In some jurisdictions, consumer protection laws may not allow certain exclusions or limitations of liability and, as a result, some of the exclusions and limitations of liability contained in this Agreement may not apply in whole or in part. We do not seek to exclude or limit our liability for death or personal injury caused by our negligence or for any other liability that cannot be excluded or limited by applicable law.
14. CHANGES TO SERVICES
The Services may change over time. We may suspend or discontinue any part of the Services or introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to notify you when we make a material change to the Services, but this is not always possible. Similarly, we reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, without limitation, if someone claims that you have contributed Content or User Content in violation of this Agreement), at our sole discretion and without notice.
15. GENERAL
a. Assignment. This Agreement and all rights and licenses granted herein may not be transferred or assigned by you, but may be assigned by us without restriction, provided that we ensure that such assignment does not affect your rights under this Agreement. This Agreement shall inure to the benefit of our successors and permitted assigns.
b. Governing Law; Jurisdiction. This Agreement and any dispute arising out of or in connection with it (including non-contractual disputes) are governed by Maltese law and you may bring legal proceedings in connection with the Services or this Agreement in the Maltese courts.
c. Severability. If any provision of this Agreement is held invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
d. No Waiver. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or any other provision of this Agreement. No waiver shall be effective against us unless made in writing and no such waiver shall be construed as a waiver in any subsequent case or circumstance.
e. Entire Agreement. Except as expressly agreed between us and you, this Agreement, the Privacy Policy and any other terms presented to you at the time you create your Account and pay Subscription Fees constitute the entire agreement between you and us with respect to the subject matter and supersede all prior agreements, written or oral, between the parties with respect to the subject matter.
f. Headings. Section headings are provided purely for convenience and will have no legal effect.
g. Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the User Content, Indemnification, Disclaimer of Warranties and Limitation of Liability, and General sections.
h. Third-party distribution channels.
Anteprima Brands International Ltd offers software applications that may be made available through the Apple App Store, Google Play Store, or other distribution channels ("Distribution Channels"). If you obtain such software through a Distribution Channel, you may be subject to additional terms from that Distribution Channel. This Agreement is only between you and us, not with the Distribution Channel. To the extent that you use any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
With respect to Software made available for your use in connection with an Apple-branded product ("Apple Enabled Software"), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
- Anteprima Brands International Ltd and you acknowledge that this Agreement is made solely between Anteprima Brands International Ltd and you, and not with Apple Inc. ("Apple"), and that, between Anteprima Brands International Ltd and Apple, Anteprima Brands International Ltd, not Apple, is solely responsible for the Apple-enabled Software and its content.
- You may not use the Apple Enabled Software in any manner that violates or conflicts with the Usage Rules set forth for Apple Enabled Software in the Apple App Store Terms of Service or that otherwise conflicts with them.
- Your license to use the Apple Enabled Software is limited to a non-exclusive, revocable, non-transferable, non-sublicensable license to use the Apple Enabled Software on an iOS product that you own or have control over, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
- Apple has no obligation to provide support or maintenance services of any kind for Apple Enabled Software.
- Apple is not responsible for any product warranty, whether express or implied by law. In the event that the Apple-enabled Software does not comply with any applicable warranty, you may notify Apple, and Apple will refund you the purchase price for the Apple-enabled Software, if applicable; and, to the maximum extent permitted by applicable law, Apple will have no further warranty obligation of any kind regarding the Apple-enabled Software or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to comply with any warranty, which will be the sole responsibility of Anteprima Brands International Ltd, to the extent that it cannot be excluded under applicable law.
- Anteprima Brands International Ltd and you acknowledge that Anteprima Brands International Ltd, not Apple, is responsible for handling any claims from you or third parties related to the Apple-enabled Software or your possession and/or use of such Apple-enabled Software, including, but not limited to: (i) claims related to product liability; (ii) any claim that the Apple-enabled Software does not comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection legislation or similar laws.
- In the event that a third party makes a claim that the Apple-enabled Software or the end user's possession and use of such Apple-enabled Software infringes the intellectual property rights of that third party, Anteprima Brands International Ltd, not Apple, will be solely responsible for investigating, defending, settling, and complying with such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country subject to an embargo by the United States government or any European state or that has been designated by the United States government or any European state as a "country that supports terrorism"; and (ii) you are not on any list of prohibited or restricted persons maintained by the United States government or any European state.
- In case of questions, complaints, or requests regarding the Apple-enabled Software, you must contact Anteprima Brands International Ltd at the website and phone number provided in Section 16 of this Agreement.
Anteprima Brands International Ltd and you acknowledge and agree that Apple and its affiliates are third-party beneficiaries of this Agreement concerning the Apple-enabled Software and that, upon acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you concerning the Apple-enabled Software as a third-party beneficiary thereof.
16. CONTACTS
For any questions about the Services, contact Anteprima Brands International Ltd at 1, Ferris Buildings, 3rd Floor, St. Luke's Street, Gwardamangia, PTA 1020, or call +39 0510185251. Our mailing address is 1, Ferris Buildings, 3rd Floor, St. Luke's Street, Gwardamangia, PTA 1020.
17. WARRANTY AND RETURN POLICY
Our 30-day return policy
If you are not satisfied with your Device or the Services, you can cancel your Subscription and return your Device (at your expense) for any reason within thirty (30) days of receiving your Device for a full refund of the initial Subscription Fee (which will be paid through your original payment method), minus the return shipping costs.
To receive a refund, you must request a return within thirty (30) days of receiving the Device.
Below are the instructions on how to return your Device and receive a refund.
Return procedure
To request a return, you must contact support at support@predictia.life, who will provide you with a return label. Once you request a return, you are entitled to a refund of the initial Subscription Fee, less return shipping charges, provided you receive the Device within thirty (30) days from the date you requested the return.
To cancel your Subscription within thirty (30) days of receiving the Device and receive a refund, you must return the Device as described above. If you do not return the Device within that 30-day period, the refund will not be applied.
Once the 30-day period has passed, you may still return the Device, but you will not receive a refund of all or any part of the initial Subscription Fee. Although you may still cancel your Subscription at any time, cancellation of your Subscription after the 30-day period will not take effect until the end of the initial Subscription period. You may stop using the Subscription and Services at any time.
Once a return is requested, Anteprima Brands International Ltd will cancel the Account associated with the return. For clarity, you will no longer be able to use the associated Account.
Once a Device is returned, we reserve the right to remanufacture the Device for resale or for sale as a replacement Device.
The above return policy adds to (and does not replace) your right of withdrawal, which allows you to cancel your Subscription and obtain a refund of your initial Subscription Fee within fourteen (14) days from the date you entered into this Agreement. If you wish to exercise your right of withdrawal, you simply need to notify us using the details provided in Section 16. If you cancel the Subscription under your legal rights, you must return the Device to us within fourteen (14) days. Your initial Subscription Fee included the cost of the Device, and therefore, if you do not return the Device (in the same condition in which it was delivered to you and with original packaging and labels), Anteprima Brands International Ltd may charge you a restoration fee of €50 in your local billing currency (“Restoration Fee”) or may deduct an amount equal to the Restoration Fee from the refund of the initial Subscription Fee. You are responsible for your costs of returning the Device when exercising this right.
Lifetime Warranty
Anteprima Brands International Ltd guarantees that your Device(s) are free from defects in materials or workmanship for as long as you maintain an active subscription without any outstanding balances or unpaid fees (such period, the "Warranty Period," and such warranty, the "Lifetime Warranty"). If your Device(s) are found to be defective during the Warranty Period, Anteprima Brands International Ltd will provide the necessary replacement, subject to the conditions below, at no additional cost. Anteprima Brands International Ltd is not responsible for the repair or replacement of your Device(s) if you violate this Lifetime Warranty. This Lifetime Warranty is non-transferable.
To be eligible for the Lifetime Warranty, you must:
- Have an active Subscription with no outstanding balances or any unpaid fees; and
- Have registered a valid Payment Method in case a Restoration Fee is charged and
- Having purchased the device or service directly from Anteprima Brands International Ltd or from partners approved by Anteprima Brands International Ltd.
The Lifetime Warranty does NOT cover:
- Lost devices;
- Damage or failures due to misuse or malfunction, normal wear and tear, improper or abnormal use, or any use contrary to the instructions provided by Anteprima Brands International Ltd;
- Damage or failure due to accidents, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual weather conditions;
- Aesthetic damage;
- Any unauthorized modification to the Device(s);
- Attempts at repair by unauthorized individuals or with parts not originally intended or compatible with the Anteprima Brands International Ltd Device(s).
- Any alteration of the factory model name or serial number.
This lifetime warranty grants the purchaser specific legal rights. You may also have other rights that vary from state to state and may affect this lifetime warranty. This lifetime warranty may differ for Members who receive a Device as part of an Anteprima Brands International Ltd partnership, but only to the extent permitted by applicable law.
For assistance from Anteprima Brands International Ltd, contact info@anteprimabrands.com.
18. UPDATE POLICY
The payment of a one-time fee to upgrade or replace your Device will not modify the terms of your Subscription to the Services.
If an updated or replacement Device is provided as part of a Subscription renewal offer, the new Subscription period will begin immediately at the time of purchase, and any remaining days in your current Subscription, if any, will be added to your account.
19. Predictia TRIALS
Anteprima Brands International Ltd currently offers a one-month free trial to all end users (a "Free Trial") to allow the end user to try the Services before subscribing to one of the Anteprima Brands International Ltd Subscription options described in Section 2. This Section 19 establishes additional legally binding terms and conditions governing a Free Trial.
a. Registration. Members who choose a Free Trial will be able to use the access associated with the Services during the Free Trial period.
b. Subscription commitment. All free trials will include a 12-month associated subscription, which will automatically begin at the end of the Anteprima Brands International Ltd free trial period unless the end user cancels the free trial and returns any received device in accordance with Section 19(c) below. The member will be charged an upfront fee equivalent to a 12-month Subscription at the end of the free trial for a 12-month Subscription. Subscriptions will be subject to the automatic renewal terms set forth in Section 10 of this document.
c. Cancellation and returns. Members can cancel their free trial and return the Device at any time during the free trial period. Members who cancel their free trial during the free trial period must return their Device within 21 days of cancellation ("Return Period"). Members who return their Devices during the Return Period will not be subject to any further charges or financial obligations to Anteprima Brands International Ltd. For free trials, we will notify you 14 days before, 7 days before, and on the day of the end of your free trial.
d. Eligibility. Free trials are available to all new end users in the European Union, the United Kingdom, and Northern Ireland.
Free trials are subject to all other applicable terms and conditions set forth in this document.
