Easyvibe terms

TERMS AND CONDITIONS

Last updated February 01, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Frisble (“Company,” “we,” “us,” “our”), a company registered in Italy at Via Raspa 37/A, Riese Pio x, TV 31039. We operate the mobile application Easyvibe (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at 3899325044, email at nicola.mazzocato@frisble.com, or by mail to Via Raspa 37/A, Riese Pio x, TV 31039, Italy.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Frisble, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
CANCELLATION
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
MOBILE APPLICATION LICENSE
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CONTACT US
OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

– access the Services; and

– download or print a copy of any portion of the Content to which you have properly gained access.

solely for your internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: nicola.mazzocato@frisble.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites. When you post Contributions, you grant us a license (including use of your name, voice, and likeness) to use, display, and distribute your Contributions for any purpose.

Intellectual Property Rights: You retain all of your ownership rights in your Submissions and Contributions. By making a Submission, you also warrant that you own or have the necessary rights to submit such Submission and that it will not violate any law or infringe upon any third-party rights, including but not limited to intellectual property rights and privacy rights.

USER REPRESENTATIONS

By using our Services, you represent and warrant that:

– all registration information you submit will be true, accurate, current, and complete;

– you will maintain the accuracy of such information and promptly update such registration information as necessary;

– you have the legal capacity and you agree to comply with these Legal Terms;

– you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;

– you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;

– you will not use the Services for any illegal or unauthorized purpose;

– your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

USER REGISTRATION

You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PURCHASES AND PAYMENT

Any purchases made through our Services are subject to these terms:

Payment

All payments made are final, non-refundable, and non-transferable unless otherwise expressly stated in these Legal Terms. By making a purchase through the Services, you warrant that you are authorized to use the payment method provided and that you authorize us to charge you for the total amount shown, including any applicable taxes and fees. If your payment method is declined, we reserve the right to cancel your order and/or suspend or terminate your account.

Subscription

Some of our Services may be available on a subscription basis. If you subscribe to a service, you agree to pay the fees associated with that service on a monthly or annual basis, as applicable. Your subscription will automatically renew until canceled. If you wish to cancel your subscription, you must do so at least 24 hours before the end of the current subscription period. You can cancel your subscription by contacting us at nicola.mazzocato@frisble.com.

Changes

We reserve the right to change our pricing at any time. Any changes to pricing will not affect existing subscriptions but will apply to new subscriptions and renewals. We will notify you of any changes to pricing by posting the updated pricing on our website or through other communications.

CANCELLATION

You may cancel your account at any time by contacting us at nicola.mazzocato@frisble.com. Upon cancellation, you will no longer have access to your account, and any Content or Contributions associated with your account may be deleted. We are not responsible for the deletion of your Content or Contributions.

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason, including if we believe that you have violated these Legal Terms.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

– Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

– Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

– Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services or the Content therein.

– Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

– Use the Services in a manner inconsistent with any applicable laws or regulations.

– Use our Content or Marks in any manner that may give a false impression that you have a relationship or affiliation with us or that you are authorized to use our Content or Marks.

– Harvest or collect information about users without their express consent.

We may terminate your access to the Services if you engage in any Prohibited Activities.

USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By making a Contribution, you agree that your Contribution is voluntary, gratuitous, unsolicited, and without restriction, and will not place the Company under any fiduciary or other obligation. We may, but have no obligation to, post your Contribution along with your name or username.

You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other user of the Services.

CONTRIBUTION LICENSE

By making a Contribution, you grant the Company a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Contribution in connection with the Services and the Company’s (and its successor’s) business, including for the purpose of promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also grant the Company the right to sublicense these rights and the right to bring an action for infringement of these rights.

By making a Contribution, you represent and warrant that you have all rights, power, and authority necessary to grant the rights granted herein to your Contribution.

MOBILE APPLICATION LICENSE

Use License

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

– Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

– Use the application for any purpose that is illegal or prohibited by these Legal Terms;

– Use the application in any manner that could damage, disable, overburden, or impair the application;

– Use the application in any manner that could interfere with any other party’s use of the application.

Intellectual Property

You acknowledge that all intellectual property rights in the mobile application, including the underlying software and technology, are owned by us and our licensors. Accordingly, your use of the mobile application is subject to the terms of these Legal Terms.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single Notification, a representative list of such works on the Services;

– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

– Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;

– A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

– A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon obtaining knowledge that content or material on the Services infringes upon the copyright of a third party, we will act expeditiously to remove or disable access to the allegedly infringing content or material. We will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.”

If you are a user of our Services and your content has been removed in response to a Notification of Copyright Infringement, and you believe that such content does not infringe upon the copyright of a third party, you may submit a counter-notification to us. All counter-notifications must meet the requirements of DMCA 17 U.S.C. § 512(g)(3) and include the following information:

– A physical or electronic signature of the subscriber;

– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

– A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

– The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is located outside of the United States, or any judicial district in which we may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the receipt of a valid counter-notification, we will promptly provide the person who provided the Notification of Copyright Infringement with a copy of the counter-notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. As such, the user of our Services responsible for the allegedly infringing content or material may send us a counter-notification.

Notices of Copyright Infringement should be sent to our designated agent listed below. Our designated agent may be reached at the following address:

Nicola Mazzocato

Frisble, Inc.

Attn: Copyright Agent

Via Raspa 37/A,

Riese Pio X 31039 (TV),

Italy

Email: nicola.mazzocato@frisble.com

TERM AND TERMINATION

Subject to this Section, these Legal Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Legal Terms.

Upon termination of your rights under these Legal Terms, your account and right to access and use the Services will terminate immediately. You understand that any termination of your account may involve deletion of your Content associated with your account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Legal Terms, including for termination of your account or deletion of your Content.

Upon termination of your rights under these Legal Terms, Sections 3 through 18 will survive the termination and continue in effect.

WARRANTY DISCLAIMER

The services are provided “as is” and “as available” without any warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty, express or implied, that the services or any part thereof, will be uninterrupted, timely, or error-free. We do not warrant that the information or files available on or through the services will be free of viruses, worms, or other harmful components. You are solely responsible for any damage to your computer system, mobile device, or loss of data that results from the use of the services or the downloading of any material through the services. The company is not responsible for any content posted by users of the services. While we strive to keep the services up to date and accurate, we do not guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by us or by users.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will the company, its affiliates, directors, officers, employees, agents, or licensors be liable to any person for any indirect, incidental, special, consequential, or punitive damages, including damages for lost profits or revenues, goodwill, work stoppage, security breaches, viruses, computer failure, or malfunctions, use, data, or other intangible losses, even if foreseeable or if the company has been advised of the possibility of such damages, whether under contract, tort (including negligence), warranty, or otherwise, arising out of or in connection with your use of or inability to use the services, even if caused by the company’s gross negligence or intentional misconduct. In no event will the aggregate liability of the company, its affiliates, directors, officers, employees, agents, or licensors to you or anyone else in connection with the services, your use of the services, or these legal terms exceed the greater of $100 or the amount paid by you to the company in the 12 months preceding the event giving rise to the claim. The limitations of this subsection will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not the company has been informed of the possibility of any such damage, and even if a remedy set forth in these legal terms is found to have failed of its essential purpose. The company disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.

INDEMNIFICATION

You agree to indemnify and hold the company, its affiliates, directors, officers, employees, agents, and licensors harmless from any third-party claim, demand, loss, costs, or expense, including attorney’s fees, arising out of or relating to (a) your use of the services, (b) your violation of these legal terms, (c) your violation of any law or the rights of any third party, or (d) your submissions, including, but not limited to, any claim that any of your submissions caused damage to a third party.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature by or against the Company arising out of or related in any respect to these Legal Terms will be brought exclusively in the state or federal courts located in the District of Columbia. You agree to submit to the jurisdiction of such courts. The prevailing party in any action or proceeding to enforce these Legal Terms will be entitled to costs and attorneys’ fees.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

DISCLAIMER

The Services are provided without warranties of any kind, whether express or implied. The company, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Services will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.

LIMITATIONS OF LIABILITY

To the fullest extent permitted by applicable laws, in no event shall the company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Legal Terms or your use of the Services, including, but not limited to, your Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Legal Terms, or your use of any information obtained from the Services.

USER DATA

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and the Company regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. The section titles in these Legal Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Legal Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Legal Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Legal Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Legal Terms. The terms and conditions set forth in these Legal Terms shall be binding upon assignees.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Email: nicola.mazzocato@frisble.com

Mail: Frisble.

Via Raspa 37/A,

Riese Pio X 31039 (TV),

Italy

Please note that emailing us is considered an acceptable means of communicating with us. Unless otherwise stated in these Legal Terms, you may contact us by mail at the address above.