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Terms & Conditions

Legal document of Condividiamo Ltd, valid for the Mamify and AiToro platforms.

Courtesy translation: in case of any discrepancy, the Italian text prevails.

(hereinafter, "Condividiamo", the "Company" or the "Site").

These Terms of Use set out the terms applicable to all visitors, as well as to all users and registered customers of the Site and of the Mamify and AiToro platforms. By using the Site and the related platforms, the user is required to comply with these Terms of Use. Please read them carefully, as they constitute a legally binding agreement between the user and Condividiamo Ltd. In the event of disagreement, please immediately cease any use of the Site.

Condividiamo Ltd reserves the right to amend these Terms of Use, where it deems appropriate, in order to reflect legislative, regulatory, technological or operational changes. Please check them periodically. Amendments will take effect following publication on the Site. Continued use of the Site after publication of the amendments constitutes acknowledgement and acceptance of them.

Contents

  • Definitions
  • Registered Customer Account
  • Cashback
  • Acquisition of Cashback
  • Purchase of Products
  • Use of the Site, MamiEnergy and Gift Cards
  • Prohibited Use
  • Rules on Sharing by Users
  • Uploaded Content
  • Restrictions for Customers
  • Customer Obligations
  • Email Account Security
  • Third-Party Websites
  • Disabling Adblock
  • Intellectual Property
  • Warranty and Rights
  • Indemnification
  • Amendment of the Terms
  • Termination
  • Account Blocking and Removal
  • Prohibition of Set-Off
  • Privacy and Data Protection
  • Miscellaneous Provisions
  • Dispute Resolution
  • Governing Law and Jurisdiction
  • Severability
  • Entire Agreement

1Definitions

The terminology set out below applies to these Terms of Use, the Privacy Policy, the MamiCash usage plan and any other related agreement.

2Registered Customer Account

  • It is possible to become a Registered Customer of Condividiamo Ltd by following the instructions provided through the Site or another channel (Partner).
  • To become a Registered Customer, it is necessary to open an account on the Site (the "Account").
  • An Account may be opened only in one's own name.
  • The user is solely responsible for maintaining the confidentiality and security of their Account.
  • Users are advised not to disclose information about their Account to third parties nor to allow anyone else to use it.
  • The user is responsible for all activities that take place on or through their Account.
  • The user undertakes to notify Condividiamo Ltd immediately of any unauthorised use of their Account or any other known breach of security.

3Cashback

  • Cashback is a bonus-system exchange value that entitles the holder to discounts and benefits on purchases made exclusively on products of Condividiamo Ltd or its Partners.
  • Only a Registered Customer may receive Cashback.
  • For every purchase made with a Partner, the Customer receives the equivalent of the amount spent in Euro as Cashback, at a ratio of 1:1.
  • Cashback may be used exclusively on the MamiCash portal, in the amounts indicated from time to time on the product to be purchased.
  • For certain products (for example taxes, consumption, airline flights, file opening) the use of Cashback is not permitted, unless otherwise indicated in the characteristics of the product on sale.
  • Cashback does not expire and may be transferred to other Registered Customers.
  • Cashback can be viewed in the Customer's Private Area on the Site.

4Acquisition of Cashback

  • Cashback may be acquired only by Registered Customers.
  • Cashback received from Condividiamo's Partner Businesses is granted free of charge and nothing is due at the time of crediting.
  • Purchases may be made from the official website condividiamo.club and from the Platforms.
  • The purchase is deemed complete as soon as the Registered Customer provides Condividiamo Ltd with a valid and accepted payment instrument, pursuant to the provisions set out on the Site, at the discretion of Condividiamo Ltd, and relating to the Product (the "Date of Purchase").
  • The user acknowledges that the provision of Cashback is subject to the user's fulfilment of the obligations arising from these Terms of Use.

5Purchase of Products

  • The purchase of a Product offered through the Site may be made only following registration and, where provided, only if in possession of Cashback.
  • The purchase is deemed complete as soon as the Registered Customer provides a valid and accepted payment instrument, pursuant to the provisions set out on the Site, at the discretion of Condividiamo Ltd, and relating to the Product (the "Date of Purchase").
  • Electronic payments are processed through authorised payment service providers (for example Stripe and, where applicable, Wise), which act as independent data controllers on their own systems, as described in the Privacy Policy.
  • The user acknowledges that the supply of the Product is subject to the user's fulfilment of the obligations arising from these Terms of Use.

6Use of the Site, MamiEnergy and Gift Cards

  • Use of the Site is subject to the most recent version of these Terms of Use. Some answers to frequently asked questions (FAQ) are available on the Site, without any commitment on the part of Condividiamo Ltd.
  • By using the features that allow content (for example promotional videos) to be sent or transmitted to or through the Site, or content visible to other users, the user accepts responsibility for: the entire content, including content of a creative and artistic nature (Condividiamo Ltd disclaims all liability and refrains from endorsing or approving such content); the choice of advertisement and the form of publication; the objects to which the viewer is redirected (landing pages, associated URLs and redirects); the products and services advertised on the landing pages; the protection of third-party copyright.
  • The Mamify project provides for the use of the MamiEnergy tool: the tool that makes it possible to share the advertisements and content of the Mamify application via social networks and to earn from the purchases made by one's own subscribers and by those of the entire Mamify network.
  • The Mamify project provides for the use of Gift Cards belonging to the condividiamo.club circuit. Mamify gift cards are redeemable only for the purchase of products and services of businesses belonging to the Mamify circuit and registered with condividiamo.club. The card does not expire and carries no fees. The card cannot be refunded or redeemed for cash. Mamify is not liable for unauthorised use. It is not a credit or debit card and offers no warranties, express or implied. Use or acceptance of the card implies acceptance of these Terms. The remaining balance can be viewed in the Mamify application. For further information, contact the Business that issued the Gift Card on the IT system.

7Prohibited Use

  • The user shall refrain from any use of the Site or of the information contained therein for purposes that are unlawful or prohibited by this agreement, as well as from any use liable to cause damage to, disable or overburden the Site, or to jeopardise its operation or its use by third parties.
  • Any copying, reproduction, modification, distribution, display, performance or transmission of the content of the Site for purposes other than those expressly provided for is strictly prohibited.
  • The systematic retrieval of data or other content from the Site in order to create or compile, directly or indirectly, a collection, register, database or directory without the prior written consent of Condividiamo Ltd is expressly prohibited.
  • The user further agrees not to: (i) delete or revise the information, materials or data on the Site; (ii) collect information about other users, including email addresses, without their consent; (iii) impose an unreasonable or disproportionate load on the Site's infrastructure; (iv) use devices, software or routines to interfere with the proper functioning of the Site; (v) use engines, software, agents or mechanisms (including browsers, spiders, robots, avatars or intelligent agents) other than the search engines and agents made available by Condividiamo Ltd or generally available third-party web browsers; (vi) decipher, decompile, disassemble or reverse engineer any software that forms part of the Site.

8Rules on Sharing by Users

The sharing of content from the Site to external platforms, such as Facebook, is permitted only if carried out in accordance with the following rules.

### Active Profile

Each user must use their own active social profile, defined as a profile with a cover image and profile picture, genuine friendships and interactions (minimum 100 friends) and truthful and complete personal information.

### Personal Profile

Sharing must take place exclusively through a named profile corresponding to the user name registered on the Site. The use of fake profiles, profiles without followers or profiles that do not comply with the parameters of the social platform is not permitted.

### Uniqueness and Permanence

It is not permitted to use a single profile for shares made by more than one user of the Site: each user must have and use their own individual profile. Once made, the share must not be removed from the user's personal profile.

In the event of a breach, Condividiamo Ltd reserves the right to take corrective action, including banning the user, cancelling profits obtained through non-compliant activities, cancelling orders and other disciplinary measures deemed appropriate.

9Uploaded Content

Each Registered Customer agrees not to upload, publish or distribute, or facilitate the distribution of, content (texts, communications, videos, software, images, sounds, data or other information) that is:

  • unlawful, threatening, abusive, harassing, defamatory, slanderous, deceptive, fraudulent, invasive of another's privacy, harmful, obscene, sexually or graphically explicit, or otherwise in breach of the policies of Condividiamo Ltd;
  • infringing patents, trade marks, service marks, trade secrets, copyrights, moral rights, rights of publicity, privacy rights or other proprietary rights of third parties;
  • unauthorised or unwanted advertising, bulk email or spam, chain letters, unauthorised solicitations, or any form of lottery or gambling;
  • containing viruses, trojans, malware, spyware, web crawlers or other code designed to destroy, damage or limit the functioning of software, hardware or telecommunications equipment, or to obtain unauthorised access to third-party data;
  • such as to impersonate any person or entity, including employees or representatives of Condividiamo Ltd, its licensees or advertisers.

10Restrictions for Customers

The Customer shall refrain from carrying out the following acts, or from permitting third parties to do so:

  • downloading, selling, licensing, leasing, hiring, modifying, distributing, copying, publishing or creating derivative works from the content of the Site without the express written consent of Condividiamo Ltd;
  • generating automated, fraudulent or otherwise invalid impressions, enquiries, clicks or conversions, or concealing conversions that are required to be reported;
  • using automated tools or forms of data extraction to access information relating to the advertising of Condividiamo Ltd, unless authorised in writing;
  • infringing patents, trade marks, design rights, copyright, personal or proprietary rights of third parties;
  • permitting unauthorised or unwanted advertising, bulk sending of emails (spam) or chain letters, or engaging in phishing or pharming;
  • distributing viruses, trojans, spyware, web crawlers or other code intended to hinder or damage software, hardware or telecommunications equipment, or to facilitate unauthorised access;
  • initiating, assisting or participating in attacks on the Site or its related systems and networks;
  • impersonating any natural or legal person, including employees or agents of the Company or other customers;
  • requesting or receiving payments from anyone using the Site or its related Programmes, unless authorised in writing by Condividiamo Ltd;
  • breaching the technical specifications provided or mentioned in these Terms;
  • advertising services, substances or products that are prohibited or that breach the laws in force in the countries in which the advertising is displayed, or uploading advertising of a sexual or unethical nature;
  • engaging in any conduct that is unlawful or fraudulent under applicable laws;
  • transmitting content containing threats, harassment, offensive language, slander or false accusations, or otherwise damaging to a person's honour and dignity, unless expressly authorised by that person;
  • attempting in any way to circumvent the Terms of Use or to defraud Condividiamo Ltd, other customers or third parties through the use of the Site.

11Customer Obligations

The Customer is required to:

  • comply with these Terms of Use and follow them carefully;
  • forward exclusively to Condividiamo Ltd all enquiries and messages relating to the Company and the Products;
  • not collect information about other customers nor use it for their own commercial purposes (for example sending unsolicited bulk emails);
  • always disclose correctly and truthfully all information provided; Condividiamo Ltd may at any time request confirmation of the accuracy of the data and further documentation;
  • consent to the processing of data in accordance with the Privacy Policy;
  • use only their own real first name and surname, pseudonyms and stage names being prohibited;
  • open and use the Account only for their own purchases and keep all data up to date;
  • keep the password in a safe place and not disclose it to third parties; Condividiamo Ltd will never ask for the password outside the login area;
  • not allow third parties access to their account nor sight of the password;
  • not choose an easily guessable password and never enter it outside the Site;
  • ensure that login details are not stored or recorded on public or shared computers;
  • ensure the security of their own technical setup (antivirus, firewall, updates) and, in the event of a suspected compromise of the password, change it immediately and contact Condividiamo Ltd so that it can temporarily block the Account and provide a new password.

12Email Account Security

Registered Customers are obliged to ensure the security of their email account and not to disclose its password to third parties, since Condividiamo Ltd may use that address to reset the password or for communications relating to the security of the Account. The Customer may be required to prove their identity. Should the Customer suspect that their email address on file with Condividiamo Ltd may have been compromised, the Customer undertakes to contact the Company immediately.

13Third-Party Websites

The Customer may be redirected to online shops or other third-party websites via links or frames on the Site. Customers are advised to review the relevant terms and conditions and the respective privacy notices before using them.

Such websites may contain information or material that is unlawful, inappropriate or offensive, and are not controlled, monitored or reviewed by Condividiamo Ltd. The inclusion of a link does not imply endorsement of, or association with, their operators and is provided solely for the user's convenience. The Customer expressly exempts Condividiamo Ltd and its respective licensees from any liability in respect of such third-party websites and their use.

Where the user accesses services of third-party financial institutions or brokers reachable through the Platforms, such parties remain independently responsible for the processing of personal data carried out on their own systems.

14Disabling Adblock

To access the content of the Site and participate in the Programmes, it may be necessary to disable Adblock specifically for the condividiamo.club website and for the Platforms.

15Intellectual Property

### Copyright

The design, texts, names, logos, content, selection and arrangement of elements, organisation, graphics and compilation relating to the Site are protected by the copyright laws in force. The publication of such elements does not constitute a waiver of any right. The Customer does not acquire any ownership right in the elements displayed. Unless otherwise provided, none of such elements may be used, copied, reproduced, downloaded, transmitted or recorded without the prior written authorisation of Condividiamo Ltd.

### Trade Mark

The name, logo and all product names, company names and other distinctive signs of Condividiamo Ltd, including the names Mamify, MamiCash, MamiEnergy and AiToro, are deemed to be trade marks of the Company, unless otherwise indicated. The use or misuse of any trade marks or materials without the prior written consent of the owner is expressly prohibited.

16Warranty and Rights

  • The Registered Customer warrants that they hold all the necessary rights in relation to the content transmitted and the landing pages.
  • The Registered Customer warrants that all information and permissions provided are complete, lawful and valid.
  • The Registered Customer warrants that the use of Programmes, Products, services or landing pages does not entail breaches of applicable laws or joint and several liability, and does not infringe regulations, policies or agreements, including the code of conduct on advertising.
  • The Registered Customer warrants that such use does not infringe intellectual property rights (trade marks, copyright, trade secrets) or other legal provisions.
  • The Registered Customer warrants that the use of services or landing pages does not infringe the rights of contractual partners or third parties, nor contain offensive, abusive, obscene, threatening, defamatory or unlawful content.
  • Condividiamo Ltd has the right to remove the contractual hyperlink or frame link immediately where there is reasonable suspicion that the content referenced is unlawful or infringes the rights of third parties, in particular where courts or authorities give notice thereof.
  • The Registered Customer warrants that the content transmitted does not contain harmful components (viruses, trojans, spyware, web crawlers or similar).
  • The Registered Customer undertakes to indemnify Condividiamo Ltd against any third-party claim arising from the content provided, and to reimburse any cost incurred as a result of infringements, even if alleged, of rights.
  • The Registered Customer undertakes to indemnify and hold harmless Condividiamo Ltd from any complaint, demand, damage or loss, including legal costs, arising from the content transmitted or from a use of the Site in breach of these Terms.
  • The Registered Customer permits Condividiamo Ltd to carry out automated queries and analyses of the landing pages for the purposes of the Programmes; the related data will be retrievable from their Account.

17Indemnification

The user undertakes to indemnify and hold harmless Condividiamo Ltd and its respective representatives, employees and agents from any liability, claim and expense, including legal costs, arising from the use of the Site, of any service, information or product originating from it, or from any breach of these Terms.

18Amendment of the Terms

Condividiamo Ltd is entitled to amend these Terms of Use at any time. Where required by applicable law, users will be informed of material changes before they take effect. Continued use of the Site after publication constitutes acceptance of the changes.

19Termination

  • Each of the Parties may terminate this agreement at any time by giving notice to the other Party. In such case: the Customer's Account will be blocked; Condividiamo Ltd will inform the Customer and any unused Cashback will be reset to zero.
  • Condividiamo Ltd reserves the right to discontinue a Customer's use of the Site at any time, even without notice, in the event of a breach of these Terms, without prejudice to the right to claim compensation for any damages.

20Account Blocking and Removal

  • Condividiamo Ltd reserves the right, at its discretion, to block the Account of a Registered Customer or restrict its access, in particular: in the event of a breach of these Terms; where there is reason to believe that a third party has used the Account without authorisation; where the Account has been used for unlawful or fraudulent acts; where the Customer views content liable to give rise to liability for the Company; where the block is required by law; where Condividiamo Ltd ceases to provide the Programmes in the Customer's country of residence or access.
  • Condividiamo Ltd may block the Account without stating the reason and without prior notice; the Customer expressly accepts this condition.
  • Condividiamo Ltd reserves the right to remove any Account that has been inactive for a long period, as well as any Account with no outstanding payments, subject to notice to the Customer.

21Prohibition of Set-Off

Neither Party may set off a payment due under these Terms against any other payment to be made under them.

22Privacy and Data Protection

Condividiamo Ltd processes users' personal data in its capacity as data controller, in accordance with the Gibraltar General Data Protection Regulation ("Gibraltar GDPR") and the Data Protection Act 2004, as described in the Privacy Policy, which forms an integral part of these Terms.

Personal data is not sold or transferred to non-affiliated third parties for the latter's marketing purposes. Processing takes place exclusively where there is a valid lawful basis under Article 6 of the Gibraltar GDPR. Data subjects may exercise the rights of access, rectification, erasure, restriction, portability and objection, and may withdraw consent where processing is based on it.

To exercise their rights or for any matter relating to personal data, the user may write to privacy@mamify.app. Users are invited to read the full Privacy Policy available on the Site.

23Miscellaneous Provisions

  • The official text of these Terms of Use is drafted in the Italian language. In the event of a conflict between the Italian version and any translation into another language, the Italian version shall prevail.
  • Neither Party shall be entitled to make public statements regarding the existing contractual relationship, except as expressly required by law; any public statement shall require the prior written consent of Condividiamo Ltd.
  • The Customer is prohibited from transferring or assigning the rights and obligations arising from this agreement without the written consent of Condividiamo Ltd.
  • Condividiamo Ltd may assign to third parties the receivables arising from the contractual relationship without the Customer's consent.
  • These Terms do not constitute any partnership or joint venture relationship between Condividiamo Ltd and the Customer.

24Dispute Resolution

In the event of disputes or disagreements relating to these Terms of Use, the Parties will first seek to resolve them amicably. Where this is not possible, each Party shall have the right to bring the matter before the competent judicial authority pursuant to the following clause.

25Governing Law and Jurisdiction

  • Governing law: these Terms of Use are governed by and construed in accordance with the laws of Gibraltar.
  • Jurisdiction: for any dispute (contractual or otherwise) concerning these Terms, the Parties agree to the exclusive jurisdiction of the courts of Gibraltar.

26Severability

Should one or more provisions of these Terms of Use be held to be invalid, unlawful, ineffective or unenforceable by a court or competent authority, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

27Entire Agreement

These Terms of Use, together with the Guidelines, the rules governing the use of Cashback and the Privacy Policy, constitute the entire agreement between the Parties with respect to the subject matter of the contract and supersede any previous agreement. Any waiver of a provision shall be effective only if expressed in writing and signed by Condividiamo Ltd.

Condividiamo Ltd, GICO 121314-88

Suite 23, Portland House, Glacis Road, Gibraltar GX11 1AA

Email: privacy@mamify.app