Terms, Conditions and Privacy Policy

The company MJOB S.r.l. (Tax Code and VAT Number: 17266151004), located in Rome, Piazza Buenos Aires, No. 5, represented by its legal representative pro tempore, email [email protected], certified email (PEC) [email protected], hereinafter also referred to as the “Provider” or “Company,” is a company that, through its app. called MyGenMe (the “App”), offers and provides to its users (collectively referred to as “Users”; individually, the “User”) a so-called “conversational avatar,” namely a virtual assistant created and maintained through an interactive chatbot, i.e., a program/software that simulates and processes human-like conversations using the so-called “Conversational Artificial Intelligence” (hereinafter also referred to as the “Service”).

These Terms and Conditions of Service govern the offer and provision of the Service through the App. 

It should be noted that the provisions of these Terms and Conditions of Service may apply only to specific categories of Users. In particular, some provisions may apply only to Users acting as Consumers. Such limitations are mentioned in each relevant clause. In the absence of mention, the clauses apply to all Users. In the absence of mention, the clauses apply to all Users.

ARTICLE 1 – SCOPE OF APPLICATION

1.1. These Terms and Conditions of Service apply and govern the supply contracts concluded through the Provider’s App concerning the Service better described in Article 1.3. of these Terms and Conditions of Service.

1.2. The applicable Terms and Conditions of Service are those in force at the time of the supply contract conclusion and the Service provision and are available in both Italian and English. In case of uncertainty regarding the logical and/or literal interpretation of the Terms and Conditions of Service and/or any other legal document, or the presence of any discrepancy between the text written in Italian and the text written in English, the interpretation of the Italian text shall prevail.

1.3. The Service offered and provided by the Provider to Users through the App constitutes a “Digital Service” within the meaning and for Article 45, letter q-bis) of Legislative Decree September 6, 2005, No. 206 and subsequent amendments (“Consumer Code”). Specifically, the Seller offers and provides, through the App, the following Service: 

1. a so-called “conversational avatar,” i.e., a personalized and customized virtual assistant for the User, created and maintained through an interactive chatbot, i.e., a program/software that simulates and processes human-like conversations using the so-called “Conversational Artificial Intelligence” (hereinafter also referred to as the “Service”).

1.4. The provision of the Service through the App constitutes a distance contract governed by Legislative Decree April 9, 2003, No. 70, containing provisions on electronic commerce and, for Users acting as consumers, by Articles 45 and following of Legislative Decree September 6, 2005, No. 206 and subsequent amendments (“Consumer Code”).

1.5. To use the Service, it is necessary to read, carefully examine, and understand these Terms and Conditions of Service, which are published on the App in the “Legal and Privacy” section. By concluding the Service supply contract, the Terms and Conditions of Service are considered read and accepted.

1.6. The languages available to Users for concluding the contract are Italian and English.

1.7. The use of the Service through the App is allowed for both Users acting as consumers (meaning a natural person who acts for purposes outside their business, commercial, artisanal, or professional activity, if any) and Users who do not have such status (namely, individuals or legal entities purchasing the Service in the course of their business, commercial, artisanal, or professional activity).

1.8. Users intending to use the Service on the App must be legally capable and of legal age according to the legislation of the State where they reside and/or are domiciled. It is the User’s responsibility to ensure that they are legally eligible to enter into this supply contract under the laws applicable in their jurisdiction of residence. If a user is found to be below the age of majority (18 years), access to the App and use of the Service will be prohibited.

1.9. The use of the Service is allowed for Users who have installed the App and registered by creating a so-called User Account. The creation of a User Account is free and is done through the App. To create a User Account, the User must fill out the appropriate FORM, providing the requested data such as, in particular, name, surname, date and place of birth, an email address, and a password, and click the “Register” button or similar. 

The registration data is ruled by our Privacy Policy published in the “Legal and Privacy” section. The registration credentials (e-mail address and password) must be securely maintained and used exclusively by the User, and may not be transferred to third parties. The User agrees to keep them confidential and to ensure that no third party has access to them, undertaking to inform the Provider immediately, contacting it at the addresses specified in Article 17 of these Terms and Conditions of Service, in case of suspected or known misuse or improper disclosure.

1.10. The User guarantees that the personal data provided during the Account creation procedure is complete and true and undertakes to hold the Provider harmless and indemnified from any damage, compensation obligation, and/or sanction arising from and/or in any way connected to the User’s violation of the rules regarding Account creation or the storage of registration credentials.

1.11. Without prejudice to the right to compensation for damages, the Provider reserves the right to prevent access to the App, suspend or close an account, or remove or modify App content, in case of violation of the provisions of applicable laws and these Terms and Conditions of Service.

1.12. To use the Service, the User’s smartphone or other device must meet certain system requirements. The Provider does not guarantee that the Service will work universally on all devices. Support for devices may change, and the Provider may remove device compatibility at any time.

1.13. The User can cancel their subscription at any time by deleting their Account. Once the User deletes their account, all associated data may be permanently removed without any restoration guarantee.

1.14. The main features of the Service offered on the App are outlined in specific technical sheets, so-called Product Sheets, published in the “Legal and Privacy” section, and can be consulted by the User before placing an order.

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ART. 2 – CONTRACT CONCLUSION

Art. 2.1. These Terms and Conditions of Service are an integral and essential part of the Service supply contract between the Provider and the User and are published on the App in the “Legal and Privacy” section. The use of the Service by the User implies full knowledge and integral acceptance of these Terms and Conditions of Service.

Art. 2.2. If the User disagrees with one or more terms contained in these Terms and Conditions of Service, they are requested to refrain from concluding the supply contract on the App.

Art. 2.3. To conclude the Service supply contract through the App, the User must complete the order in electronic format and submit it to the Provider, electronically, following the instructions that will appear on the App from time to time. To use the Service, Users must have a compatible device and access to the internet. The cost of the connection to the internet is borne exclusively by the User.

Art. 2.4. The service will be free for all users until 30.04.2024 (hereinafter referred to as the ‘Free Trial Period’): the provider offers users the opportunity to try the service for free, without any commitment or obligation to payment until 30.04.2024. Therefore, until 30.04.2024, the provider will not charge users any costs for the provision and use of the service.

Art. 2.5. Upon the expiration of the Free Trial Period (30.04.2024), the Provider will prompt the User, via the App, to download an update of the App. Following the App update, the Service will be subject to a fee. Fees and payment methods will be specified by the Provider from time to time on the App. Users are not obligated to download the App update; however, to access the Service, Users will need to download the App update and proceed with the payment following the instructions provided in the App. Users who do not wish to pay for the Service are encouraged not to download the App update. Nevertheless, Users are guaranteed the right of withdrawal by the subsequent art. 6 of these Terms and Conditions of Service.

Art. 2.6. Before entering into the supply contract, the Supplier shall provide the User with the following information: the key features of the App, the identity of the Supplier; the geographical address where the Supplier is established, along with their telephone number and email address; the fees and payment methods for the User; the methods and terms of delivery by the Supplier; the conditions, terms, and procedures for exercising the right of withdrawal; the circumstances that exclude the right of withdrawal; and the conditions, terms, and procedures related to the legal warranty of conformity

Art. 2.7. After the Free Trial Period ends (30.04.2024), orders without a corresponding transaction for payment will be automatically canceled

Art. 2.8. Once the order is registered and payment has been completed, the Supplier will send the User, to the email address provided by the User during registration, the order confirmation containing: i) the Terms and Conditions of Service, ii) the Privacy Policy, iii) information regarding the features of the purchased Service (so-called Service Sheet), iv) detailed indication of the price, payment method used, any additional costs, v) information on the Right of Withdrawal, vi) the Withdrawal Form Facsimile, vii) the invoice related to the order, viii) information on the Legal Warranty of Conformity. The information specified in points 2.8.iv) and 2.8.vii) will be transmitted only about orders registered after the Free Trial Period (30.04.2024)

Art. 2.9. Upon receiving the order confirmation e-mail, the contract shall be deemed finalized, and the order will be stored in the Supplier’s database for the time necessary for its execution and, in any case, within the legal timeframe; the essential elements of the order will be detailed in the order confirmation. 

Art. 2.10. Once the order is complete, the user can start enjoying the service

Art. 2.11. After the Free Trial Period (30.04.2024), the execution of the contract will be subject to the confirmation of successful payment. 

Art. 2.12. The User, acting as a consumer, acknowledges and accepts that before placing the order, they must consent to the provision of the Service by the Supplier during the withdrawal period, thereby agreeing to waive the right of withdrawal for the services already performed.

The Supplier explicitly draws the attention of the User, who is a consumer, to the following: the User is informed that, before using the Service, they will be required to:

1. Express their consent in advance at the commencement of the contract execution before the expiration of the Withdrawal Period;
2. Declare awareness and acknowledge that they will forfeit the right of withdrawal for the services already performed.

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ART. 3 – PRICE

Art. 3.1. Upon the conclusion of the Free Trial Period (30.04.2024), the Service will become chargeable; therefore, all prices and fees for the Service will be displayed on the App and expressed in Euros, inclusive of Value Added Tax and any associated charges.

Art. 3.2. If payment is made in a currency other than the euro, the exchange rate applied will be that set by the payment service provider. In the absence of such a rate, the Supplier applies the exchange rate established by the European Central Bank at the time of the relevant transaction

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ART. 4 – PAYMENT METHOD

 Art. 4.1. Upon the conclusion of the Free Trial Period (30.04.2024), the User can choose one of the payment methods indicated in the App to continue using the Service.

Art. 4.2. In the case of payment by credit card, the payment procedure will take place through a secure connection directly linked to the banking institution holding the online payment service, which third parties cannot access. Specifically, financial information (e.g., credit/debit card number, expiration date) will be transmitted via encrypted protocol provided by the respective electronic distance payment services, without third parties having access. Such information will never be used and/or stored in any format (including electronic) by the Seller. The User is solely responsible for the entered data, guaranteeing the use of only credit/debit cards for which they have legitimate ownership.

Art. 4.3. If the payment made with one of the available means fails or is rejected by the payment service provider, the Supplier is not obligated to fulfill the order. In case of unsuccessful payment, the Supplier reserves the right to request reimbursement from the User for any related expenses or damages. 

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ART. 5 – SERVICE PROVISION

Art. 5.1. Once the supply contract is in place, the User can access the Service by placing the relevant order by the instructions provided on the App.

Art. 5.2. Upon the conclusion of the Free Trial Period (30.04.2024), the provision of the Service will, in any case, be subject to the confirmation of successful payment of the price.

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ART 6 – RIGHT OF WITHDRAWAL

Art. 6.1. All Users have the right to withdraw from the Service supply contract at any time. However, the withdrawal does not affect services already performed. Therefore, exercising the right of withdrawal does not entitle Users to a refund for services already provided by the Supplier. In the event of the exercise of the right of withdrawal, the Supplier will retain an amount proportionate to what has been provided to the User until the moment the User has informed the Supplier of their intention to withdraw. Specifically, the pro-rata cost of the offer for only the actual period of Service usage (before the submission of the withdrawal declaration) will be charged.

Art. 6.2. The right of withdrawal, as provided for in Article 52 of Legislative Decree No. 206 of 2005 (Consumer Code) for Users classified as consumers, is governed by Article 59, 1st paragraph, letter a) of Legislative Decree No. 206 of 2005. This right is limited to services that have not yet been performed. Upon the conclusion of the supply contract and before using the Service, the User is required to: 

• Provide consent to the provision of the Service before the expiration of the Withdrawal Period, 
• Accept the forfeiture of the right of withdrawal for services already performed. 

In the event of exercising the right of withdrawal, the Supplier will retain an amount proportionate to the services provided to the User until the User has informed the Supplier of their intention to withdraw. Specifically, the pro-rata cost of the offer for the actual period of Service usage (before the submission of the withdrawal declaration) will be charged. The confirmation of the User’s prior express consent at the beginning of the contract execution before the expiration of the withdrawal period under the previous Article 6.2. i), and the User’s acceptance that, in this way, the User forfeits the right of withdrawal under the previous Article 6.2.ii), is transmitted to the User via email to the address provided by the User during the creation of the personal account.

Art. 6.3. The User intending to exercise the right of withdrawal under the preceding points 6.1. and 6.2. is required to notify the Supplier of their decision to withdraw through an explicit statement.

Art. 6.4. For this purpose, the User may choose one of the following options: 

2. Complete the Withdrawal Facsimile Form available on the App in the ‘Legal and Privacy’ section, which is provided to the User with the order confirmation as per Article 2.8 of these Terms and Conditions of Service, and is also included at the bottom of both the Right of Withdrawal Information and these Terms and Conditions of Service; or
3. Prepare any other explicit statement expressing their decision to withdraw from the contract (Withdrawal Declaration)

Art. 6.5. The Withdrawal Form, or the Withdrawal Declaration, must be sent to the Seller using one of the contact details indicated in Article 17 of these Terms and Conditions of Service.

Art. 6.6. When using the Withdrawal Facsimile Form (Article 6.4, letter a) or the Withdrawal Declaration (Article 6.4, letter b), the User is required to provide the following information: order number and personal details (name, surname, tax code, residential address).

Art. 6.7. Following the User’s exercise of the right of withdrawal, the Supplier will promptly transmit to the User, via e-mail, a confirmation of receipt of the withdrawal declaration.

Art. 6.8. Following the User’s exercise of the right of withdrawal, the Supplier will proceed to reimburse the User for any remaining unused credit. However, the User will be entit

Art. 6.9. The reimbursement of any remaining unused credit will be processed using the same payment method employed by the User for the Service’s activation. Any delays in crediting may be attributed to the banking institution, the type of credit card, or the payment solution used.

Art. 6.10. Following the User’s exercise of the right of withdrawal, the Supplier will prevent the User from accessing the Service in compliance with the provisions of Article 56, paragraph 3 series of Legislative Decree No. 206 of 2005 (Consumer Code).

Art. 6.11. Without prejudice to the application of Article 56, paragraphs 3 quarter and quinquies of Legislative Decree No. 206 of 2005 (Consumer Code).

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ART. 7 – DISCLAIMER

Art. 7.1.  The Company is a software provider and not a provider of healthcare services or medical devices, and the Service offered by the Supplier cannot be used to obtain medical assistance, mental health services, or other professional services. Users are therefore advised not to use the Service for seeking medical advice.

Art. 7.2. The Company is a software provider and not a provider of financial services. Users are therefore advised not to use the Service for receiving financial advice.

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ART. 8 – LIMITATIONS OF LIABILITY

Art. 8.1. The User acknowledges and expressly agrees that the Supplier, its agents, and/or employees will not be liable for direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of data or other intangible losses arising and/or related and/or otherwise connected to the Service and/or about these Terms and Conditions of Service.

Art. 8.2. In detail, to the maximum extent permitted by applicable law, the Supplier and its agents and/or employees assume no liability for:

1. i) Damages and/or losses resulting from interruptions or malfunctions of the App due to force majeure or unforeseen and unpredictable events, and in any case, beyond the will and control of the Supplier, including, but not limited to, breakdowns or interruptions of telephone or electrical lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses, and cyberattacks, interruptions in the supply of third-party products, services, or applications;
2. ii) Damages, harm, or losses due to viruses or other malware contained or connected to files downloaded from the Internet or through the App;
3. iv) Damages resulting from any error or omission in the use of the Service or for any loss or damage suffered as a result of the User’s use of the Service. Users are responsible for adopting adequate security measures, such as antivirus and firewall, to prevent potential infections or attacks and to protect backup copies of all exchanged or uploaded data and/or information on the App. The App may become inaccessible or not function properly with the User’s browser, device, and/or operating system. The Supplier cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation, or use of the App.

Art. 8.3. Depending on the applicable legal system, Users may be required to fulfill additional obligations to comply with the applicable law. The Supplier will not be responsible for any obligations or legal and/or tax liabilities on the part of the User arising from the use of the Service.

Art. 8.4. The Customer also acknowledges that, unless otherwise required by law, the Service is provided by the Supplier and accepted by the User in its current state (“as is” and “as available”), and that the use of it is at their sole risk. To the maximum extent permitted by applicable law, the Supplier provides no warranty regarding the results expected, hoped for, or obtained through the use of the Service. The Supplier also does not declare or guarantee that: (i) the use of the Service will meet the User’s needs and/or expectations, (ii) the use of the App and/or the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate and/or reliable, (iii) the App or any content, service, or functionality made available through the App will be free from viruses or other harmful components.

Art. 8.5. The User acknowledges that the activation and use of the Service presuppose the User’s availability of an internet connection and suitable hardware and software devices for using the Service. The Supplier assumes no responsibility in the event of the Service not being accessible due to the lack of an internet connection and/or the unavailability of the necessary hardware and software devices on the part of the User.

Art. 8.6. The App is available and accessible 7 days a week, 24 hours a day, except any interruptions, planned or unplanned, by the Supplier, for reasons of technical and/or security maintenance, or any case or circumstance beyond its control.

Art. 8.8. To the maximum extent permitted by law, in no event shall the Supplier, its affiliates or subordinates, or its licensors, service providers, employees, collaborators, agents, officers, or directors be liable for any damages of any kind arising from the use of the Service and/or the inability to use the Service. This includes but is not limited to, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of opportunities, loss of reputation, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence).

Art. 8.9. In the event of the Supplier’s liability, the compensation due shall not exceed the total amount of payments made by the User in the 12 months preceding the claim.

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ARTICOLO 9 – INDEMNITY 

Art. 9.1. In the maximum extent permitted by law, in no event shall the User indemnify and hold harmless the Supplier and its subordinates and employees and collaborators from any claim, demand, damage, obligation, loss, liability, burden, or debt, including, without limitation, legal fees and expenses, arising from:

• the use or connection to the App and/or the enjoyment of the Service;
• the violation of these Terms and Conditions of Service, including, by way of example but not limited to, any violations by the User of any representation or warranty provided by these Terms and Conditions of Service;
• the violation of third-party rights or laws by the User, its affiliates, officers, agents, trademark owners, partners, and employees, to the extent permitted by law;
• the User’s violation of any applicable law, regulation, or rule;

Art. 9.2. The User indemnifies the Supplier from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the User, as the User is solely responsible for accurate input.

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ART. 10 – INTELLECTUAL PROPERTY

Art. 10.1. All content on the App (news, images, photos, sounds, videos, documents, logos, software, graphic layouts, trademarks), and how the content is presented and formatted, as well as their related economic utilization rights, are reserved and protected by copyright and the national and international laws governing the protection of intellectual and industrial property. Therefore, reproduction, modification, or utilization, in whole or in part, in any form, is prohibited.

Art. 10.2. The visual interfaces, graphics, images, logo, design, compilation, information, trade names, trademarks, logos, computer code (including source code or object code), and all other elements of the App are and remain the exclusive property of the Supplier and are protected under applicable intellectual property laws and international treaties. The Company’s name, the Company’s logo, and all names, logos, product and service names, designs, and related slogans are trademarks of the Company or its affiliates or licensors. The use of these trademarks without the prior written consent of the Company is not permitted. All other names, logos, product and service names, designs, and slogans on the App are trademarks of their respective owners.

Art. 10.3. Provided that the User complies with these Terms and Conditions of Service, the Supplier grants Users a personal, non-transferable, non-sublicensable, non-exclusive, revocable, and limited purpose right to use the software and/or technology integrated into the App for the App and the offered Service. The Service is exclusively for personal use.

Art. 10.4. The User agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload the App and/or any part of the Service for commercial purposes.

Art. 10.5. The Supplier grants Users to submit and upload information, instructions, content, ideas, etc., into the App while using the Service (referred to hereinafter as ‘User Content’).

Art. 10.6. When providing User Content, the User declares to be legally authorized to do so and confirms that such content does not violate legal norms and/or rights of third parties. The User is solely responsible for their User Content and the consequences of uploading, storing, transmitting, or otherwise distributing their User Content.

Art. 10.7. The User declares and warrants that their User Content and its use do not: (i) violate the rights of third parties, including copyright, trademarks, patents, trade secrets, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights, (ii) any law or regulation on securities in any jurisdiction. The Supplier disclaims any liability in connection with, or arising from, User Content.

Art. 10.8. The Supplier does not claim any ownership of any of the User Content uploaded on the App during the use of the Service (including instructions, ideas, texts, data, information, images, photographs, music, sounds, videos, or other materials that the User uploads, transmits, or provides during the use of the Service). This is without prejudice to the application of Article 56, paragraphs 3 quarter and quinquies of Legislative Decree 206/2005 (Consumer Code).

Art. 10.9. The User acknowledges and agrees that by providing the so-called User Content during the use of the Service, they grant the Supplier a free, non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use the User Content to provide/operate the Service and/or promoting, advertising, or marketing the Service in any form, medium, or technology, and/or maintaining the App. The User irrevocably waives any moral rights they may have in the User Content in favor of the Supplier and agrees that this waiver can be invoked by anyone who obtains rights to the User Content through the Supplier. The deletion of the User’s account leaves unaffected all rights and licenses to the User Content as governed by this article.

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ARTICOLO 11 – CESSIONE DEL CONTRATTO

Art. 11.1. The Supplier reserves the right to transfer, in whole or in part, the supply contract concluded under these Terms and Conditions of Service, and/or to otherwise transfer the rights and obligations arising from it.

Art. 11.2. The User is prohibited from assigning, in whole or in part, the supply contract concluded under these Terms and Conditions of Service, and/or from otherwise transferring the rights and obligations arising from it without the prior, written consent of the Supplier.

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ART. 12 – LEGAL GUARANTEE COMPLIANCE (OR CONFORMITY)

Art. 12.1. The service offered on the App to Users who qualify as consumers (meaning a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may eventually carry out) is covered by the legal warranty of conformity as provided by articles 128 and following of the Consumer Code.

Art. 12.2. The lack of conformity must become apparent within two years from the moment the Service was activated. The action to assert defects of conformity is time-barred within twenty-six months from the moment of the provision of the Service.

Art. 12.3. In case of a lack of conformity, the User who qualifies as a consumer, is entitled to restore conformity or, if this is not possible, to receive a reasonable price reduction or the resolution of the contract. For more details on the Legal Warranty of Compliance, Users can consult the specific information published on the App in the ‘Legal and Privacy’ section

Art. 12.4. Users who do not qualify as consumers (i.e., individuals or legal entities who have purchased the Service in the course of their entrepreneurial, commercial, artisanal, or professional activity) are nevertheless entitled to the warranty for defects under Article 1490 of the Italian Civil Code and subsequent provisions.

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ART. 13 – INVALIDITY OF INDIVIDUAL CLAUSES

Art. 13.1. If any provision of these Terms and Conditions of Service is deemed invalid or ineffective for any reason, the validity and effectiveness of the remaining provisions shall remain fully preserved.

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ART. 14 – DATA PROTECTION

Art. 14.1. The Supplier will process the personal data of Users as the data controller by the provisions of Regulation 2016/679/UE (“GDPR”) and compliance with the applicable national regulations on the protection of personal data. For further information on how the Supplier processes personal data, Users can refer to the Privacy Policy published on the App in the “Legal and Privacy” section.”.

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Art. 15 – COMPLAINS

Art. 15.1. Users can submit any complaints and/or disputes and/or grievances to the Supplier at the contact details provided in Article 17 of these Terms and Conditions of Service.

Art.15.2. The Supplier commits to engaging in bona fide cooperation and fairness to facilitate the amicable resolution of any disputes that may arise with Users.

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ART 16 – FINAL DISPOSITIONS

Art. 16.1. The service supply contract concluded through the App, these Terms and Conditions of Service, and related obligations are governed, regulated, and disciplined by Italian law and subject to Italian jurisdiction.

Art. 16.2. For any dispute that may arise between the parties regarding the validity, interpretation, or execution of the purchase contract and these Terms and Conditions of Service, except as provided in the following points and, in any case, if the User cannot qualify as a consumer, the exclusive jurisdiction shall be the Court of Rome, to the exclusion of any other court, including alternative or concurrent jurisdictions.

Art. 16.3. For any dispute related to the application, performance, and interpretation of the supply contract and these Terms and Conditions of Service, if the User qualifies as a Consumer, the competent court shall be the one in the User’s place of residence or elected domicile. It is without prejudice to the application of any more favorable and mandatory provisions of the law of the country where consumers habitually reside, who do not have their habitual residence in Italy.

Art. 16.4. Consumers who qualify as Users are reminded that they have the option to use the mediation procedures provided for by Legislative Decree No. 28 of March 4, 2010, for the resolution of any disputes arising in the interpretation and execution of these Terms and Conditions of Service. Additionally, consumer Users have the right to submit a complaint through the Online Dispute Resolution (ODR) web platform available at http://ec.europa.eu/consumers/odr/. The ODR platform also serves as a source of information on out-of-court dispute resolution methods between consumers and professionals. Through the ODR web platform, Users can access the list of ADR (Alternative Dispute Resolution) bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure. The list of mediation bodies provided for by Legislative Decree No. 28 of March 4, 2010, and operating in Italy can be found at: https://mediazione.giustizia.it/ROM/ALBOORGANISMIMEDIAZIONE.ASPXIn any case, regardless of the outcome of the out-of-court dispute resolution procedure, the User’s right to resort to the ordinary judge is preserved.

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ART. 17 – CONTACTS

Art. 17.1. Users may transmit any communication related to the Service supply contract as well as these Terms and Conditions of Service by sending an e-mail to the Supplier MJOB s.r.l. (VAT ID and Tax Code: 17266151004) at the email address [email protected] or by sending a registered letter with return receipt to the following address: Piazza Buenos Aires, No. 5, Rome 00198, or via certified email to the following certified email address: [email protected].

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ART. 18 – DEFINITIONS (GLOSSARY)

Art. 18.1. By these Terms and Conditions of Service, capitalized terms shall have the following meanings:

• “App”: the mobile application named MyGenMe;
• “Consumer Code”: refers to Legislative Decree of September 6, 2005, no. 206 and subsequent amendments;
• “Terms and Conditions of Service”: this document contains the general conditions governing the Service supply contract between the Supplier and the User offered on the App;
• “Consumer”: a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out;
• “Service”: the possibility to interact with a so-called “conversational avatar,” i.e., a virtual assistant developed and maintained through an interactive chatbot, a program/software that simulates and processes human conversations using the so-called “Conversational Artificial Intelligence”;
• “Withdrawal Declaration”: any explicit statement by the User, in addition to completing the Withdrawal Fac-Simile Form, expressing their decision to withdraw from the contract;
• “Legal Warranty of Conformity”: the legal warranty of conformity provided for in articles 128 and following of the Consumer Code and further explained in the Legal Warranty of Conformity Information;
• “Information on the Right of Withdrawal”: information on the withdrawal procedure made available to the User on the App for the correct exercise of the right of withdrawal;
• “Withdrawal Fac-Simile Form”: a form to exercise the right of withdrawal made available to the User on the App in the section called “Legal and Privacy” and sent to the User with the order confirmation under article 2.8. of these Terms and Conditions of Service, also included at the bottom of both the Information on the Right of Withdrawal and these Terms and Conditions of Service;
• “Parties”: the Supplier and the User collectively considered.
• “Free Trial Period”: term until April 30, 2023, during which the use of the service will be free for all Users. The Provider offers Users the opportunity to try the Service for free, without any commitment or obligation of payment until April 30, 2024. Therefore, until April 30, 2024, the Provider will not charge Users any fees for the provision and use of the Service.
• “Withdrawal Period”: a 14-day period within which the User, as a consumer, can exercise the right of withdrawal. The 14-day period starts from the day the Provider begins to provide the Service.
• “Professional”: an individual or legal entity acting in the course of their entrepreneurial, commercial, artisanal, or professional activity.
• “Service Card”: informational card of the Service illustrating its main features.
• “User” or “Users”: both the individual as a consumer and the individual or legal entity as a professional who purchases the Service on the App by accepting these Terms and Conditions of Service.
• “Provider”: the company MJOB s.r.l. (VAT ID: 17266151004) with registered office in Rome, Piazza Buenos Aires, No. 5, e-mail: [email protected], PEC: [email protected].

The User declares to have read and specifically accepts the following articles of these Terms and Conditions of Service: Art. 1.10 (indemnity); Art. 1.11 (right to suspend the execution of the contract and/or to withdraw from it); Art. 7 (disclaimer); Art. 8 (limitations of liability); Art. 9 (indemnity); Art. 10.4 (restrictions on contractual freedom with third parties); Art. 10.7 (limitation of liability); Art. 11.2 (prohibition of the User to assign the contract as well as the rights and obligations arising from the contract); Art. 16.1 (applicable law and applicable jurisdiction); Art. 16.2 (waiver of judicial authority’s competence).