ART. 12 of the Terms and Conditions of Service
With this Legal Compliance Warranty Information, the company MJOB s.r.l. (VAT ID: 17266151004) located in Rome, Piazza Buenos Aires, no. 5, represented by its legal representative, email [email protected], certified email [email protected], (hereinafter also referred to as the “Supplier”) intends to provide its users – qualifying as consumers – with all the details and instructions regarding the so-called legal compliance warranty applicable to the service offered on the MyGenMe app (hereinafter referred to as the App), providing a so-called “conversational avatar,” i.e., a personalized and customized virtual assistant based on the User, developed and maintained through an interactive chatbot, i.e., a program/software that simulates and processes human conversations with the help of the so-called “Conversational Artificial Intelligence” (hereinafter also referred to as the “Service”).
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I – SCOPE OF APPLICATION OF THE LEGAL COMPLIANCE WARRANTY
I.I. All services provided through the App are covered by the legal compliance warranty as provided by Article 128 and following the Consumer Code (hereinafter also referred to as “Legal Warranty”).
I.II. The Legal Warranty applies only to those who are considered consumers, which refers to individuals who use a product for personal or non-professional reasons and not for any business-related activities. Users who do not qualify as consumers (i.e., individuals or legal entities who have purchased the Products in the exercise of their entrepreneurial, commercial, artisanal, or professional activity) still have the right to warranty for defects under Article 1490 of the Italian Civil Code and subsequent articles.
I.III. The Supplier is liable to the consumer for any lack of conformity as per Articles 135 decies and following Legislative Decree no. 206 of September 6, 2005 (commonly known as the Consumer Code).
I.IV. The lack of conformity must manifest itself within two years from the moment of the Service supply. In the event that the Service supply contract provides for the continuous supply of the Service, the Supplier is responsible for dealing with the consumer for any lack of conformity of the Service that occurs for the entire period of time in which said continuous supply is foreseen.
I.V. In the absence of evidence to the contrary, it is presumed that the lack of conformity that occurs within one year from the activation of the Service already existed at that date, unless this hypothesis is incompatible with the nature of the service or with the nature of the lack of conformity. Therefore, in this case, it is up to the Supplier to demonstrate that the Service was fully compliant, i.e., that the defect complained of by the consumer occurred after delivery. If a defect becomes apparent after one year after delivery, the burden of proof lies with the consumer to demonstrate that the defect existed at the time of delivery.
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II.I. If the product is defective, the User is entitled to request the rectification of the defect, to seek a reasonable price reduction, or to terminate the contract if rectification is not feasible.
II.II. In detail, the consumer has the right to the restoration of the conformity of the Service unless this is impossible or imposes costs on the Supplier that would be disproportionate, taking into account all the circumstances of the case and, in particular, the following:
II.III. The supplier is required to ensure that the service complies with current regulations within a reasonable timeframe upon being notified by the consumer of any non-conformity, without imposing expenses or significant inconvenience on the consumer. This obligation should take into account the nature of the service and its intended use by the consumer.
II.IV. The consumer is entitled to a proportional reduction in price or termination of the contract in one of the following cases:
Warranty Information;
II.V. The price reduction is proportional to the decrease in the value of the Service provided to the consumer compared to the value it would have had if it had been compliant.
II.VI. If the digital service has been provided in exchange for payment, the consumer is not entitled to terminate the contract if the lack of conformity is minor. The burden of proof that the lack of conformity is minor lies with the Supplier.
II.VII. Any refunds owed to the consumer by the Supplier due to the price reduction or termination of the contract are made without undue delay and, in any case, within fourteen days from the day, the Supplier is informed of the consumer’s decision to exercise the consumer’s right to a price reduction or termination of the contract.
II.VIII. the supplier is required to make a refund using the same means of payment that the consumer used to pay for the service unless the consumer agrees to another method. The consumer should not incur any costs related to the refund, and the supplier cannot charge any commission for the refund.
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III. CONTACTS
III.I. In the presence of a lack of conformity, Users may transmit any communication (question, request, complaint, etc.) regarding the Legal Compliance Warranty by email to the Supplier MJOB s.r.l. (VAT ID: 17266151004), at [email protected] or a registered letter with a receipt to Piazza Buenos Aires, no. 5, Rome 00198, or a certified email to [email protected].
MyGenMe is the only App that allows you to have a virtual assistant always with you.
MyGenMe is a project of MJOB s.r.l. – Buenos Aires Square n. 5, Rome – C.F. and VAT number 17266151004 © All rights reserved
