Terms and Conditions

Last updated: 27-04-2023

Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Fabla mobile application and website (collectively, the "Services"), provided by DEXMA srl, a company registered in Italy with VAT number 07463841002 ("us", "we", or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must not access or use our Services.

User Accounts

To access certain features of our Services, you may be required to register for a user account. You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security.

Privacy Policy

Our Privacy Policy, which describes how we collect, use, and disclose your personal information, is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of DEXMA srl or its licensors and are protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our Services without our prior written consent.

Payments and Refunds

All payments and purchase of credits for use within the app are managed by Apple and Google through their in-app purchase systems. Any refund requests or disputes regarding payments and purchases should be addressed directly to Apple or Google, as applicable, according to their respective policies and procedures.

Usage Limitations

You agree not to use our Services for any illegal, offensive, or harmful activities, including but not limited to:

Harassment, stalking, or threatening other users;
Transmitting or distributing any content that is obscene, defamatory, or infringing on the rights of others;
Reverse-engineering, decompiling, or disassembling our Services;
Transmitting any malicious software, including viruses, worms, or trojan horses;
Engaging in any automated use of our Services, such as using scripts or bots;
Attempting to gain unauthorized access to our systems or user accounts;
Using our Services for any commercial purposes without our prior written consent.

Violation of these usage limitations may result in termination of your access to our Services, at our sole discretion.

Third-Party Services

Our Services may integrate with third-party services, such as Google Analytics for tracking and cookies, and artificial intelligence services for generating portraits from user-submitted photos. Your use of these third-party services is subject to their respective privacy policies and terms of service. We are not responsible for the content, privacy practices, or terms of these third-party services.

Changes to the Service

We reserve the right, at our sole discretion, to modify, suspend, or discontinue our Services, or any part thereof, at any time, without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

Changes to the Terms

We may update or modify these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on this page. Your continued use of our Services following the posting of any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your agreement to abide and be bound by the modified Terms. It is your responsibility to periodically review these Terms for any changes. If you do not agree to any modified Terms, you must stop using our Services.

Termination

We reserve the right to terminate your access to our Services, without cause or notice, at our sole discretion. This may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that, by their nature, should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.

Limitation of Liability

In no event shall we, our affiliates, or our respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of, or inability to access or use, our Services;
Any conduct or content of any third party on our Services;
Any content obtained from our Services; and
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 its essential purpose.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.