Terms And Conditions

Terms and Conditions of Service of the La Via Gentile™ application

Last updated: 23/08/2024

Welcome to La Via Gentile™, an application dedicated to well-being and psychophysical health. By using the services offered, you agree to be bound by the following Terms and Conditions of Service ("Terms"). Please read them carefully before using the application. Any access and/or use of the application implies acceptance of and compliance with all the Terms.

1. Definitions

Service Owner: La Via Gentile Start Up Innovativa S.r.l., with registered office in Via Torino 27/1, Chivasso (TO), Italy, responsible for the provision of the Services and the processing of users’ personal data in accordance with current legislation.

Services: All services provided through the La Via Gentile™ app, including but not limited to, wellness practices, routes offered, upgrades, additional features and any additional content made available.

User: Any natural person who accesses and uses the Services.

Account: The set of credentials (username, password, e-mail address) created by the User to access the Services. The Account is strictly personal and non-transferable.

Subscription: The agreement that allows the User to access the premium content of the Services against payment of a periodic fee, according to the available subscription options.

La Via Gentile / The Gentle Path: Trademarks owned by La Via Gentile Start Up Innovativa S.r.l. that identify the name of the application and the holistic approach to health and wellness proposed by the company.

2. Description of Services

La Via Gentile™, or The Gentle Path, is an application that offers health and wellness practices based on Acupressure, Sound Therapy and Chromotherapy. The practices are designed to help users manage stress, improve concentration and promote mental and physical well-being.

3. Subscription Models

Free Subscription: The user may access the Services of La Via Gentile™ that do not require payment ("Free Services") through a "Free Subscription" that allows the user to take advantage of a limited number of practices. The service holder reserves the right to suspend, modify, limit or terminate the Free Subscription for any reason and at any time without prior notice.

Premium Membership: The user may access Services requiring payment ("Paid Services") via a "Paid Membership" and become a "Premium Member" for a specified period or for recurring periods. The Premium Membership may include various payment options:

- Standard Monthly Subscription: A subscription with recurring payment on a monthly basis, providing access to all application content and files.

- Annual Subscription: A subscription with upfront payment on an annual basis, which allows access to all the content of the app for a whole year, with significant savings compared to the monthly plan.

Trials and Special Offers:

- Trials (Trials): From time to time, the service owner may offer free trials of Premium Subscriptions for a specified period ("Trial Period"). During the Trial Period, the user may be required to provide her/his payment details. By providing such details, the User accepts and acknowledges that he/she will be charged the subscription fee at the end of the Trial Period unless he/she cancels the subscription within this period. If the Trial was activated through a third party, such as the Google Play Store or Apple App Store, the user must cancel the subscription through such third party in accordance with their cancellation and refund policies.

- Special Offers, Campaigns and Promotions: The service holder may run various campaigns and offer promotions such as discounts, gifts or other special offers through its website or app. The specific terms and conditions of such promotions will be determined from time to time and will apply to participation. La Via Gentile™ reserves the right to change or discontinue any promotion at any time without prior notice.

Changes to Subscription Price: The price of a Paid Membership may be changed at any time, and the user will be notified when the price of a Paid Membership increases. In any event, the price change will take effect at the beginning of the subscription period following the date of the price change. If the user does not agree with the price change, the user may always reject the new price by cancelling the Paid Membership within the current subscription period.

Third Party Purchase: The user may purchase a Premium Subscription directly from La Via Gentile™ or through a third party by paying a subscription fee in advance on a monthly, quarterly, semi-annual, annual or any other recurring interval basis ("Recurring Subscription Fee") or by receiving or purchasing a code, gift card, prepaid offer or other offer provided or sold by or on behalf of La Via Gentile™ ("Code") for access to the Paid Services for a specified period of time ("Prepaid Fee"). If the user has purchased a Premium Membership or initiated a Trial via a Code, additional terms and conditions presented with the Code may apply.

4. Subscription and Renewal

4.1. Automatic Renewal

All paid subscriptions are automatically renewed at the end of the subscription period, unless they are cancelled at least 24 hours before the end of the current period. Automatic renewal can be deactivated in the account settings on Apple ID or Google Play.

4.2. Cancellation

Users may cancel their subscription at any time. Cancellation will be effective at the end of the current billing period. No refunds will be granted for unused periods.

5. Accessing and Using the Services

5.1. Access credentials

To access the Services offered by La Via Gentile™, the user must create a personal account. During registration, she/he will be asked to provide her/his username and password, which must be kept confidential. The user undertakes not to disclose their access data to third parties and to take all necessary measures to protect the confidentiality and security of their credentials. The user shall be responsible for all activities performed through his/her account. In the event of a suspected breach of security or unauthorised use of their account, the user must inform the Service Owner immediately.

5.2. Personal Use

The Services are for personal, non-commercial use only. The user may not share access to the content of the app with third parties or copy, distribute or modify the content of the app.

5.3. Limitations of Use

Users agree not to use the Services for illegal or unauthorised purposes, and not to infringe the rights of third parties, including intellectual property rights.

For safety reasons, the practices and music tracks available in the application should not be listened to while driving or performing other activities that require alertness. The Service Owner accepts no responsibility for accidents or damages resulting from improper use of the practices or music tracks in situations that require concentration and alertness.

5.4. Purchases by Minors

Purchases and/or supply requests via the Application are only permitted to persons of legal age. For minors, any purchase or supply request must be approved in advance by their parents or those exercising parental responsibility.

5.5 Technical requirements and connection

To use the Services via mobile devices, these must meet certain system requirements.

Use of the La Via Gentile™ application requires compatible mobile Internet service (3G, 4G, 5G, Wifi) for access from portable devices and a stable, high-speed Internet connection for access from tablets. Such connections are not provided by the Service Owner; therefore, it is the user’s responsibility to ensure that she/he has a valid subscription with an Internet service provider. The Service is accessible from a single connection at a time.

5.6. Changes to Services and Content

La Via Gentile™ reserves the right to update, modify or remove practices, content and functionality of the application at any time without notice. These changes may be made to keep the application aligned with the latest scientific practices and developments, improve the user experience, or adapt to new technical and security requirements. The user agrees that such changes may be made and acknowledge that he/she will not be entitled to any refund or compensation for any content or features removed or changed.

5.7. User behaviour

Users are expected to behave in a respectful and constructive manner when using the Services. This includes, but is not limited to:

Interactions and Feedback: Users are encouraged to provide feedback and actively participate in any discussions or interactions. However, such contributions must be expressed in a polite manner, without offending or denigrating other users, the Service Owner or third parties.

Shared Content: In the case of features that allow sharing of content, users must ensure that their contributions are original and do not infringe the intellectual property rights of third parties. Content must not be obscene, violent, threatening or otherwise inappropriate.

General Conduct: Users must comply with all applicable regulations and must not use the Services for illegal or unauthorised purposes. Using the Services to distribute malware, phishing or any other harmful activity is prohibited.

In case of violation of these guidelines, the Service Owner reserves the right to suspend or terminate the user’s account and take appropriate legal action.

5.8. Feedback, Suggestions, User Content and Other Contributions

The Service Owner may, from time to time, offer features within the Services that allow users to submit their own content, such as testimonials or other contributions, or expressly request such content from users via newsletters. By submitting such content, the user grants the Service Owner a non-exclusive, royalty-free, transferable, sub-licensable and worldwide license to host, use, distribute, modify, publicly perform or display, translate and create derivative works from the submitted content.

Any other materials the User transmits to the Service Owner or through the Services will be treated as non-confidential and non-proprietary. The user grants the Service Owner a full licence to use, sell, exploit and disseminate such materials in any manner, without restriction and without compensation. Such materials may be used in a variety of ways, including displaying them on the Internet, reformatting them, incorporating them into other works, creating derivative works, promoting them, distributing them, and allowing others to do the same in connection with their websites and media platforms. Users are advised to be careful what personal details they choose to disclose through the Services, as content on the forums may be indexed on the internet and made available both to other users and the general public.

6. Intellectual Property

All content in the La Via Gentile™ app, including text, images, logos, graphics, sounds and software, is the property of La Via Gentile Start Up Innovativa S.r.l. or its licensors and is protected by copyright and other applicable laws.

7. Limitation of Liability

The service owner shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the Services. The Services are provided on an "as is" and "as available" basis without warranties of any kind. Temporary unavailability of the Services may result from a variety of causes, including, but not limited to, scheduled maintenance, technical failures, network outages, or events beyond the control of the Owner, such as natural disasters or cyber-attacks. The Service Owner shall not be liable for any loss of data, content, or for any modification, suspension or termination of the Services.

8. Exclusion of Medical Liability

The Service Owner does not provide medical advice. The content and services offered through the app, website or newsletters, including all wellness practices and tips, are intended for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis or treatment. If the user has any pre-existing medical conditions, the user is encouraged to consult a physician before engaging in any practice recommended by the app.

The Service Owner disclaims any liability for damages, injuries or complications resulting from the performance of the suggested practices. If a practice requires the user to hold a certain position or stimulate a point that is difficult to reach, the user is encouraged to avoid such practice or modify it according to her/his physical capabilities, consulting a health professional if necessary. In the event of a medical emergency, the user should immediately call their doctor or the emergency services in their area.

9. Privacy and Data Protection

Users’ privacy is a priority for the Service Owner, which collects and uses users’ personal data in accordance with the Privacy Policy. Users are encouraged to read the Privacy Policy carefully to understand how their personal information is handled.