Last updated: 28 June 2019

Terms and conditions of the ARGeo application

INDEX

1. Introduction
2. Definitions
2.1 Terms and Conditions
2.2 User
2.3 Services or related Services
2.4 Geolocation
2.5 augmented Reality
2.6 Elements of augmented Reality
2.7 Offers
2.8 Selection of Offers
2.9 Coupons
2.10 Seller
2.11 affiliated business
2.12 Third Parties
2.13 Disclaimer
3. Acceptance of the Terms and Conditions
4. Registration, deletion and termination of the User's account
4.1 Registration
4.2 Account deletion and closure
5. Assignment of the contract
6. Content of the ARGeo application and Services
6.2 Services for Sellers
6.1 Services for the User
7. Use of the ARGeo application and Services
7.1 Important information on User safety
7.2 Offers (Discounts and promotions)
7.3 Selection of the Offers
7.4 Using the Coupons
7.5 Free transfer of the Coupons
7.6 Information on the contract executed following use of the Offers
8. Unauthorised use
9. Intellectual property rights in the ARGeo application
10. Contents and services provided by Third Parties
11. Third Parties' intellectual property rights
12. Disclaimer
13. Indemnification
14. Limitations of Liability
15. Interruption of Services
16. Communications
17. Entire Agreement and Severability
18. Applicable law and jurisdiction
19. Changes to the Terms and Conditions
20. Language
21. Contacts

1. Introduction
These Terms and Conditions ("Terms and Conditions") constitute the binding agreement between
the user ("User") and Fimesp S.r.l. ("Fimesp", "we", "our") in relation to the registration on the
ARGeo application, its use as well as of the services provided through such application.
If the User registers and uses the ARGeo application as well as the services provided through it on
behalf of another person or entity, the User declares and warrants that he/she is authorized to enter
into an agreement and to sign these Terms and Conditions with Fimesp in the name and on behalf of
that person or entity.
The User should read these Terms and Conditions carefully before registering and using the ARGeo
application and its services ("Related Services" or "Services").

2. Definitions
2.1 Terms and Conditions: These general conditions of service, which constitute a legally binding
agreement between the User and Fimesp.
2.2 User: The natural person who accesses the ARGeo application by registering in the name and
on behalf of himself/herself or of another natural person or legal entity, including the Affiliated
business, and who uses the ARGeo application and related services.
2.3 Services or related Services: Services provided to the User through the ARGeo application as
specified in clause 6 of these Terms and Conditions.
2.4 Geolocation: the process or technique of identifying the geographical location of a person or
device through information collected over the Internet.
2.5 augmented Reality: enrichment of the perceptions of the surrounding reality through digital
processing.
2.6 Elements of augmented Reality: virtual objects placed through augmented Reality tools in the
map embedded in the ARGeo application and corresponding to the product offers.
2.7 Offers: publication on the ARGeo application of discounts and/or promotions of products that
can be purchased or picked up by providing a coupon to the Sellers at the relevant businesses
affiliated to the ARGeo application.
2.8 Selection of Offers: Selection of Elements of augmented Reality by means of augmented
Reality tools.
2.9 Coupons: tokens to redeem the price of product Offers.
2.10 Sellers: owners or representatives of the affiliated business, even if they are registered as
Users.
2.11 affiliated business: business where Coupons can be redeemed for Offers published in the
ARGeo application.
2.12 Third Parties: natural and/or legal persons who are not Users.
2.13 Disclaimer: Exclusion of warranties and representations in relation to the content, operation of
the ARGeo application and related Services as set out in clause 13.

3. Acceptance of the Terms and Conditions
The User must accept these Terms and Conditions in order to register to the ARGeo application and
use such application and related Services. These Terms and Conditions, including any future
amendments thereto, as governed by clause 20, shall apply to all Users of the ARGeo application,
including Users who register and use the ARGeo application and its Services in the name and on
behalf of another person or entity.

4. Registration, deletion and termination of the User's account
4.1 Registration
In order to use the Services or any part of them, the User must register to the ARGeo application,
providing, truthfully and comprehensively, all the data requested in the relevant registration form,
creating a registration and access account, and must accept these Terms and Conditions in full. The
User is responsible for keeping his/her access credentials confidential and is solely responsible for
the activity carried out through and on his/her registration and access account. The User also
guarantees and declares that he/she will keep his/her access credentials accurate, up-to-date and that
he/she will promptly inform Fimesp of any changes to this information. These circumstances also
apply if the registration to the ARGeo application is made through the accounts that the User has
created in the social networks to which he/she is already registered (e.g. Facebook, Twitter,
Google).
It is understood that in no case Fimesp can be held responsible in case of loss, dissemination, theft
or unauthorized use by Third Parties, for any reason whatsoever, of the User's access credentials.
Registration to the ARGeo application is not authorized to minors under the age of 14 years. By
registering to the application, the User declares under his/her sole responsibility that he or she has
the necessary age requirements for this purpose. If the User registers in the name and on behalf of
another natural person or legal entity, the User declares and guarantees that he or she is authorized
to act in the name and on behalf of that person, binding him or her to these Terms and Conditions.
4.2 Account deletion and closure
Registered Users can deactivate their account, request its deletion or stop using the ARGeo
application at any time, through the ARGeo application interface or by contacting Fimesp directly
using the contacts referred to in clause 21.
Fimesp, in case of violation of these Terms and Conditions, reserves the right to suspend or
terminate the User's account at any time and without notice.
In addition, Fimesp reserves the right to suspend or cancel the User's account at any time and
without notice if:
 it believes or has reasonable grounds to believe that the User has violated the access, or the
terms of use of the ARGeo application could cause damage to Fimesp, other Users or Third
Parties or violate any rights of Fimesp, other Users or Third Parties; and/or
 the use of ARGeo by the User may result in a violation of the applicable law or regulations;
and/or
 the request for suspension and/or closure of the account becomes necessary following
investigations conducted as a result of legal action or the involvement of public authorities;
and/or
 the account is deemed by Fimesp, in its sole discretion and for whatever reason, to be
inappropriate or offensive or in breach of the Terms and Conditions or not in line with Fimesp
standards.

5. Assignment of the contract.
Fimesp reserves the right to transfer, assign, place for novation or subcontract all or any of the
rights or obligations arising from these Terms and Conditions, by way of example to those holding
entitlement, subsidiaries and/or parent companies, any entity resulting from extraordinary
transactions, provided that the rights of the User included herein are not affected.
The User may not assign or transfer in any way his or her rights or obligations under these Terms
and Conditions without the written consent of Fimesp.

6. Content of the ARGeo application and Services
Fimesp provides the ARGeo application in order to allow the use of the Services addressed to the
User or to the Sellers, as specified in the following sections.
6.1 The Services for the User:
 Augmented Reality Service: the service that allows the User to discover and interact with
the Elements of augmented Reality that are virtually located in the area surrounding the User
as they are geo-located on the map that can be viewed through the ARGeo application.
Through the features of the ARGeo application, the User can capture the Elements of
augmented Reality and then download a Coupon related to them. The Elements of
augmented Reality correspond to product Offers with discounts and promotions from Sellers
who own affiliated businesses with the ARGeo application. The Coupons correspond
instead to the redemption code of the Offers of promotion or discount. The User can then
access these commercial businesses and request to redeem the Coupons when purchasing the
product in discount or promotion captured by them during the use of the ARGeo application
and the augmented Reality Service.
 Marketing: carrying out of market surveys and research as well as questionnaires of
appreciation on the use of the ARGeo application and the experience enjoyed with the
Sellers owning affiliated businesses with the ARGeo application.
 Community of contacts: creation of a network of contacts or "friends" that each User can
invite to register on the ARGeo application and with whom it is possible to interact within
the application itself, for example for the unique exchange of Coupons.
6.1 Services for Sellers:
 Registration on the ARGeo application: interface setting of the ARGeo application for the
purpose of registering the Sellers on it and opening a registration account and access as a
User.
 Consultancy: participation in the strategic determination of the geo-localization of the
Elements of augmented Reality on the map displayed through the ARGep application in
order to communicate to the User the Offers of discounts and/or promotions of products of
the Sellers.
 Promotional campaigns: execution of specific campaigns of Offers of discounts and/or
promotions to specific customers identified in the lists that the Sellers communicate to the
ARGeo application following the collection of consent from those customers for such
communication and participation in the ARGeo application.

7. Use of the ARGeo application and Services
7.1 Important information on User safety
In most cases, capturing the Elements of augmented Reality requires the User to perform a positive
action (physical movement of the User towards the element, framing and capturing through the
device). These actions involve the risk that, during the course of the capture activity, the User may
run into events detrimental to its own or others' safety.
Fimesp, as the owner of the ARGeo application and Services, has adopted technical and
organisational measures aimed to reduce the risk of such harmful events occurring (for example, by
placing the Elements of augmented Reality in pedestrian areas, preventing the use of the ARGeo
application if the User is travelling above a certain speed, etc.).
However, the User must be aware that his or her safety depends on responsible and conscious
behaviour. When using the ARGeo application and related Services, and in particular during the
course of the capture activity, the User must be aware of the surrounding environment and behave
responsibly and respectfully towards its own and others' safety. The User accepts that the use of the
ARGeo application is at his/her own risk and acknowledges and accepts the content of clauses 12-
14 of these Terms and Conditions.
7.2 Offers (Discounts and promotions)
Fimesp reserves the right, at its sole and unrestricted discretion, to provide for Offers of discounts
and/or promotions, through downloadable Coupons online, for a limited period of time. The
conditions to which such discounts and/or promotions are subject are indicated from time to time in
the relevant information page published by and/or on behalf of the Sellers on the ARGeo
application.
Each discount and/or promotion will be valid until the fixed expiry date or, if necessary, while
stocks last. If the discount and/or the promotion are subject to time limits, the time indicated for the
expiry of this limit refers to the time zone of Rome.
In order to enjoy the Offers having as object discounts and/or promotions, the conditions of use of
the Coupons for the purpose of redeeming them at the affiliated businesses with the ARGeo
application are those dictated in clause 7.4 "Use of the Coupons". Where there are any additional
conditions relating to the use of the Coupons in the relevant information page, in case of conflict
between the provisions of the Terms and Conditions and the provisions on the information page
published by and/or on behalf of the Sellers on the ARGeo application, the latter will prevail.
7.3 Selection of the Offers
The User can use the ARGeo application to verify the virtual presence in the surrounding area of
Elements of augmented Reality corresponding to one or more discount and/or promotion Offers.
Once the User has identified the Element of augmented Reality of interest, he or she must approach
it and use the augmented Reality interface offered by the ARGeo application to complete the
purchase. Following this phase the User will receive a notification and the Element of augmented
Reality will be automatically archived in the relevant section within the ARGeo application.
7.4 Using the Coupons
Unless otherwise stated, the following rules apply to the use of Coupons.
 Each Coupon is valid for one person only and may only be used once in accordance with the
terms and timing set out in the instructions on the Seller's website and/or attached to the
Coupon.
 The User can view and manage the selected Elements of augmented Reality and the
Coupons in the dedicated sections on the ARGeo application (i.e. home and wallet).
 Partial use of the Coupons or use in a manner that involves the full redeeming in later stages
is not permitted.
 The Coupons must be redeemed only within the period established for the use of the Offers.
Following this period, the Coupons will expire automatically, without any possibility for the
User to make any claim in this regard.
 If the Coupons are used for products other than those proposed in the initial Offers, the User
will not be entitled to any credit/refund/compensation if there is a difference between the
original value of the Offers and the value of what was redeemed;
 The use of the Coupons is intended exclusively for personal and non-commercial purposes.
The reproduction, counterfeiting, commercial exchange of the Coupons and any illegal
activity related to the purchase and/or use of the same is therefore prohibited.
7.5 Free transfer of the Coupons
The User can use the special feature of the ARGeo application to transfer, free of charge, the
selected Coupons to another User of the platform that is part of its Community of contacts.
7.6 Information on the contract executed following use of the Offers
The contractual relationship arising from the use of the Offers selected on the ARGeo application is
exclusively between the User and the Seller, the owner of the affiliated business with the ARGeo
application for the purpose of publishing the Offers.
The User acknowledges and accepts that Fimesp is not part of this contract and that, therefore, it
cannot be held responsible with reference to quality, characteristics and availability of the services
and/or products offered by the Sellers.
Furthermore, the User acknowledges and accepts that Fimesp cannot be held responsible for any
damage deriving from the failure to establish or incorrect execution of contractual relations with the
Seller.

8. Unauthorized use
The User undertakes to use the ARGeo application in accordance with the present Terms and
Conditions.
Users, in particular, may not:
 Reverse engineer, decompile, disassemble, translate, copy, store, modify or create derivative
works based on the ARGeo application or on any portion of it and/or any of its contents,
including the computer program on which it is built, and/or any part thereof, and the preparatory
material for the design, except as permitted under these Terms of Use and within the limits of
the provisions of Articles 64-ter and 64-quater of Law 22 April 1941 No. 633, on author'sv
rights;
 Bypass the computer security systems used by the ARGeo application or its licensees to protect
the content accessible through it, including through attempts to access, without authorization,
server, through hacking techniques, password interception or any other illegal means;
parts or functions of the website, as well as systems or networks connected to it or any Fimesp
 Use any robot, spider, search and/or website retrieval application, or any other device, process
or automatic means to access, retrieve, monitor, scrap or index any portion of the ARGeo
application and/or its contents;
 Sell, rent, license or sublicense or otherwise transfer the ARGeo appliation or any of its
contents, including but not limited to mirroring, framing or linking to other computers, servers
or websites;
 Carry out indiscriminate Coupon-hoarding conducts in order to hinder their collection by other
Users;
 Carry out, in any way, defaming, offending, harassing, threatening practices, threatening or
otherwise violating the rights of other Users engaged in the capture of Coupons;
 Violate the private property of others or enter areas where access is prohibited by law or other
legal act (regulations, administrative provisions, orders of the authority, etc.);
 Transfer the Coupons outside the platform in exchange for money or other benefits;
 Take illegally possession of the account used by another User;
 Register or use the ARGeo application in order to approach Users to promote, sell or advertise
products or services of any kind in any way through the ARGeo application;
 Use the ARGeo application in any other improper manner such as to violate these Terms and
Conditions.
Users are not authorised to reproduce, duplicate, copy, distribute, communicate, make available to
the public, sell, resell or exploit the ARGeo application and/or any portion of the same and related
Services without prior written permission from Fimesp, guaranteed directly or through a specific
resale programme.
In the event of the perpetration of even just one of the conduct highlighted, Fimesp reserves
the right to block the account or to exclude the User from the ARGeo application, without
prejudice to the right to take action before the most appropriate authories, including judicial
ones, for the protection of their interests and compensation for the damage suffered.

9. Intellectual and Industrial property rights in the ARGeo application
The contents available on the ARGeo application, the computer program that constitutes and
supports the ARGeo application, as well as the preparatory materials for the design of the computer
program itself are protected by the law on author's rights and other laws and international treaties
aimed at protecting intellectual property rights, including database rights, and, unless otherwise
specified their use is permitted to the Users exclusively within the limits specified in this clause.
Fimesp grants the User, for the duration of these Terms and Conditions, a personal, non-transferable
and non-exclusive license, only for personal and never commercial purposes and limited to the
device used by the User for the use of the ARGeo application and its contents.
Where expressly indicated on the ARGeo application, the User, for mere personal use, may be
authorized to download and/or copy and/or share certain content made available on the same,
provided that it faithfully reports all copyright and other indications as required by Fimesp. Any use
of the ARGeo application and/or its contents other than as provided under these Terms and
Conditions is strictly prohibited. The violation of the provisions of this paragraph will authorize
Fimesp to immediately terminate your access to the application.
All the figurative or word trademarks and distinctive signs, including logos and designs included on
and/or corresponding to the ARGeo application and related Services, including when they can be
viewed within the same ("ARGeo Trademarks and Distinctive Signs"), are protected by the
industrial and intellectual property laws in force and the related international treaties and remain the
exclusive property of Fimesp or its licensees. It is expressly forbidden to the User to use any
ARGeo Distinctive Trademarks and Signs without the prior written authorization of Fimesp.

10. Third Parties' contents and services
Fimesp does not carry out any control, check and/or preventive moderation on the contents or links
provided by the User and/or Third Parties on the ARGeo application. Fimesp is not responsible for
such content, its accessibility, any defects and/or flaws.
The User can use the services and/or content included on the ARGeo application provided by Third
Parties, having read the Terms of Use of these Third Parties and having accepted them. Under no
circumstances will Fimesp be held responsible for the correct functioning or availability, or both, of
the contents and services provided by Third Parties or for their respective defects and/or flaws.
Fimesp disclaims any liability towards the User with respect to any loss or damage he/she may
incur (including for example any loss or damage to the IT devices, hardware and/or software
included) arising from or connected with the access, use, reliance on any third-party content and
websites on the part of the User or that is caused by or connected to any purchase of products or
services made available on such third-party websites.
11. Third Parties' Intellectual and Industrial property rights
Third Parties' content and, by way of example only, the trademarks and all other distinctive signs,
whether denominative or figurative, including logos, designs, illustrations and images related to
Third Parties and the contents published by Third Parties on the ARGeo application are the
exclusive property of Third Parties, their licensees, they may be protected by Industrial and
Intellectual property rights and their provision and use are governed by the terms and conditions of
such Third Parties. Fimesp does not hold any such content and Industrial and Intellectual property
rights and may use it only within the limits and in accordance with the contracts concluded with
these Third Parties and for the purposes outlined therein.
When publishing content and information on the ARGeo application, the User warrants and
represents that he/she has all the rights, including Industrial and Intellectual property rights, or the
authorization of the right holder to publish, and share such content. Further to the notification of the
right holders, Fimesp reserves the right to remove the content published and shared by the User on
the ARGeo application, which could infringe the Intellectual and Industrial property rights of other
Users and Third Parties and, at its discretion, it could also disable the User's account in the event of
a repeated infringements of the Intellectual and Industrial property rights of other Users and/or
Third Parties

12. Disclaimer
The ARGeo application and the related Services are provided "AS-IS", "As available" and without
any kind of explicit or implicit representations or warranties including but not limited to
representations or warranties of non-infringement, security, accuracy, merchantability and fitness
for the purpose for which the ARGeo application and the Services are provided. The use of the
application ARGeo and the functionalities accessible through it is carried out by the Users at their
own risk and under their own responsibility.
Fimesp does not warrant that (i) the ARGeo application and the related Services are secure and
available at any time and location, (ii) the augmented Reality elements will be available until they
are captured (iii) the products corresponding to the augmented Reality elements and associated with
the Coupons will be available until the Coupons are redeemed from the Sellers, (iv) all Offers will
be satisfied, (v) any defects or errors of the ARGeo application will be corrected, (vi) the software
that constitutes the ARGeo application is free of viruses or other harmful content, (vii) The use of
the ARGeo application and the related Services will meet the User's requests without prejudice to
Fimesp's best efforts to comply with industry standards, including security standards (viii) the
products that the User will redeem with the Coupons are actually corresponding to the description
of the same published in correspondence with the augmented Reality elements located virtually on
the map of the ARGeo application.
Fimes declares that it does not carry out checks on the User nor verifies that the registration and
log-in credentials and the information provided by the User during the use of the ARGeo
application and the related Services are authentic and truthful. Fimesp does not warrant the
correctness, authenticity, truthfulness and/or safety of the User's conduct towards other Users while
using the ARGeo application and related Services.

13. Idemnification
The User shall hold harmless and indemnify Fimesp, its affiliates, controlled or parent companies
and each of their representatives, directors, agents, licensees, partners e employees, from all actions,
claims, obligations, liabilities, losses, damages, costs, including legal costs, expenses, that arise
from or in connection with damages inferred to other Users, Sellers or Third Parties, in relation to:
 The User's access to, use or misuse of the ARGeo application and related Services; and/or
 The Content that the User uploads to the ARGeo application; and/or
 The User's breach of these Terms and Conditions; and/or
 The infringement of legal provisions and Intellectual Property rights or other third party-rights
perpetrated by the User or by Third Parties through the User's account.

14. Limitation of liability
Fimesp, to the maximum extent permitted by the applicable law, may not be liable for damages of a
contractual and extra-contractual nature towards the User and Third Parties except for fraud or gross
negligence when these constitute an immediate and direct consequence of its activity through the
ARGeo application. Therefore, Fimesp, will not be liable for:
 Any loss that is not a direct result of the breach of the Terms and Conditions on the part of
Fimesp;
 Any loss of business opportunity and any other loss, even indirect, possibly suffered by the User
(such as, by way of example but not limited to, commercial losses, loss of revenue, gains,
profits or alleged savings, loss of contracts or business relationships, loss of reputation or
goodwill value etc.);
 damages or losses deriving from discontinuances or malfunctions of the ARGeo application due
to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case,
independent of the will and unrelated to the sphere of control of Fimesp such as, by way of
example without limitation to, breakdowns or interruptions of telephone or electric network, the
Internet and/or other means of communication, unavailability of websites, strikes, natural
events, viruses and computer attacks, discontinuances in the supply of third-party products,
services or applications;
 The incorrect, unlawful or unsuitable use of the ARGeo application on the part of the User or
Third Parties.
 The content and links published by the User, the Sellers and Third Parties on the ARGeo
application;
 The correspondence of the instructions and the description of the products published on behalf
of the Sellers or by the same on the ARGeo application with the products purchased or received
in promotion by the User when redeeming the Coupons at the affiliated businesses with the
ARGeo application;
 The quality and suitability for the respective purposes of the products purchased or received in
promotion by the User upon redemption of the Coupons at the affiliated businesses with the
ARGeo application;
 The User's infringement of Third Parties' and Sellers' rights, including Industrial and Intellectual
property rights.
To the extent permitted by applicable law, Fimesp will not be liable for any material damage,
personal injury or death that may occur while using the ARGeo application and of the Services,
including any legal actions in connection with breach of law, legal provisions or regulation or in the
event of alleged negligence or other non-contractual liability on the part of the User.

15. Discontinuation of Services
In order to ensure the best possible use of the Services to the Users, Fimesp reserves the right to
discontinue the Services due to maintenance or update of the system, advising the Users through
continous information on the ARGeo application.

16. Communications
All communications relating to the use of the ARGeo application and the Services provided through
it must be sent using the contact information indicated in clause 21

17. Entire agreement and severability
These Terms and Conditions are the entire agreement between Fimesp and the User in relation to
the use of the ARGeo application and all the Services which are provided through it. These Terms
and Conditions therefore supersede all prior or other communications and/or agreements in
whatever form between Fimesp and the User. If any provision of the present Tems and Conditions
is found to be invalid or inapplicable or unenforceable by a competent court Fimesp and the User
agree that such provision shall be eliminated from the Terms and Conditions whilst the remainder
of the provisions of these Terms and Conditions shall remain in full force and effect and
enforceable. The failure of either Fimesp or the User to exercise any right provided for herein shall
not be deemed a waiver of any further rights hereunder. Either Fimesp's or the User's failure to
enforce any of their rights and/or remedies under these Terms and Conditions will not be deemed to
be a waiver of that or any other of their rights and/or remedies in the future.
18. Applicable law and jurisdiction
The execution and interpretation of these Terms and Conditions are governed by Italian law. Any
dispute arising in connection with the execution, interpretation and validity of these Terms and
Conditions as well as in relation to the Services provided through the ARGeo application will be
subject to the jurisdiction of the Court of Milan, except for the exclusive jurisdiction of the courts
under consumer law, where applicable.
19. Changes to the Terms and Conditions
Fimesp reserves the right, in its sole discretion, to modify or replace all or part of these Terms and
Conditions. Fimesp will inform the User of any of the aforementioned changes by sending
notifications on the User's profile or if such notifications are not enabled via email. If as a result of
the aforementioned notifications or communications the User continues to use the ARGeo
application and the related Services, such use will amount to the acceptance of the notified or
communicated changes. Fimesp also reserves the right to change, suspend, or discontinue, limit or
restrict the provision of the Services, the content and functionality of the ARGeo application, at any
time, even without notice, if it deems that a breach of the Terms and Conditions occurred or for
security reasons.

20. Language
The Italian version of these Terms and Conditions govern the contractual relationship between the
User and Fimesp in relation to the use of the ARGeo application and all the Services provided
through it. If the User receives and accepts the English version of the Terms and Conditions, the
User acknowledges and agrees that, in case of inconsistencies or incompatibility between the Italian
and the English versions of the Terms and Conditions, the Italian version shall prevail over the
English version.

21. Contacts
Fimesp S.r.l. - innovative startup innovativa is a company incorporated under the laws of Italy,
registered with the Chamber of Commerce of Milan, C.F./P.IVA: 10040930967, having its legal
seat in Vicolo Calusca 10/C, 20123 Milan (Italia) and it can be contacted at the email address
info@fimesp.com.