General conditions - App

The installation of the 3BMeteo - Weather Forecast app for Android systems ("App") by 3BMeteo S.r.l., with its legal headquarters at Don Carlo Botta 13, Bergamo (BG), VAT number 04193510163, email [email protected], PEC [email protected], Tel. +39 0354158611, as well as the use of the related services ("Services") offered to the user ("User"), are governed by these general terms of use ("General Terms of Use"). These General Terms of Use are subject to changes by 3BMeteo. The User is therefore requested to check these General Terms of Use from time to time.

Preamble

The economic model of 3BMeteo is based on the installation of Profiling Identifiers or, alternatively, on the acceptance of these General Terms of Use to allow the User to use the Services offered through the App.

Therefore, the User is offered the following alternatives:

  • Easy Level: If you do not accept the installation of Profiling Identifiers and do not subscribe, you will be granted very limited access to Easy Services, through technical Identifiers;
  • Standard Level without profiling: You can use the Standard Services offered through the App by subscribing at €6 per year, accepting these General Terms of Use. It should be noted that in this case, you may still receive non-personalized advertisements;
  • You can give consent to the installation of Profiling Identifiers, thereby supporting the funding of the App. You can revoke your consent at any time, as specified in the Privacy Policy;
  • Pro Level: You can use the Standard Service and additional Services offered through the App by subscribing to 3B+, and by accepting these General Terms of Use.

Definitions

The following terms and expressions will have the meanings as indicated below, which will remain the same, both in the singular and in the plural:
"3B+": refers to additional Services offered under the following conditions: payment of the 3b+ subscription, which removes advertisements from the site;
"Account": means the set of User identification data to allow access to the App in case of non-consent to the Processing of Personal Data;
"Content": means any data in textual, verbal, or figurative form published on the App;
"Identifiers": means tracking tools used and installed through the App;
"Profiling Identifiers": means Identifiers aimed at adapting advertisements viewable by the User, both from first and/or third parties;
"Personal Data": means any information relating to an identified or identifiable natural person, directly or indirectly, with particular reference to an identifier such as name, identification number, location data, an online identifier, or one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity;
"Price": means the amount of money or digital value representation due for the use of the Services;
"Profiling": means any form of automated Processing of Personal Data consisting of the use of such Personal Data to evaluate certain personal aspects relating to the User, in particular to analyze or predict aspects concerning professional performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of said natural person;
"Easy Services": means Services coinciding with access to information on the homepage of the App;
"Services": means access to the Content of the App, according to various methods;
"Standard Services": means the Services offered through the App, denying the installation of Profiling Identifiers;
"Processing": means any operation or set of operations performed with or without the use of automated processes and applied to Personal Data or sets of Personal Data, such as collection, recording, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, communication by transmission, dissemination, or any other form of making available, comparison, or interconnection, limitation, erasure, or destruction.

Subject and Duration

The General Terms of Use govern access to and use of the App, as well as the use of the Content and Services made available through the App by the User, without the User having consented to the installation of Profiling Identifiers and the related Processing of their Personal Data. It is understood, in any case, that the User may still view non-profiled advertisements if they have consented to the Processing of their Personal Data for marketing purposes.

The General Terms of Use regulate the provision of the App and the use of its Services, subject to the payment of the Price, as further specified, through the creation of an Account.

The User must download the App from Google Store (Android version), iTunes (iOS version), and Huawei App Gallery (Huawei version). It is understood that these General Terms of Use apply with reference to version [complete with the specific update version] and onwards of the App, made available on various app stores.

As for the duration:

  • Easy Level: allows you to freely view a location home page per session, both with consent refusal and acceptance. Refer to the Terms and Conditions in effect for the use of the App.
  • Standard Level without profiling: allows you to navigate the App by refusing profiling, upon payment of a €6 annual subscription.
  • Standard Level with profiling: allows free navigation of the entire App by simply accepting profiling for 6 months.
  • 3B+: allows you to view the site without ads based on the chosen monthly, quarterly, or semi-annual plan.

Account Creation

To use Standard and Pro Services, the User must create an Account. To create an Account, the User must fill out and submit the appropriate registration form, providing their Personal Data truthfully and correctly. 3BMeteo reserves the right to verify that the email provided by the User is correct by sending a suitable email to the User and requesting the opening and consultation of the link contained therein. Once the Account is created, the User can access the App, use its Services, and view its Content.

Prior to proceeding with the payment of the Price in accordance with the methods indicated, the User is invited to carefully read these General Terms of Use, print a hard copy or store a copy on a durable medium that allows them to access it in the future for a period of time appropriate to the purposes for which it is intended and that allows for the identical reproduction of the stored information. Standard and Pro Services will be considered purchased by the User at the time when 3BMeteo receives the User's request, electronically, following verification of the successful payment of the Price. By making the purchase request, the User confirms that they have understood and accepted these General Terms of Use, as well as the additional information contained in the App.

Price and Payment Method

To use the related Services and view the Content of the App without consenting to the installation of Profiling Identifiers and the related Processing of their Personal Data, the User is required to pay the Price as specified in the preamble.

The User can make the payment of the due Price through In-App Purchase via Google or Apple with a credit card or other indicated payment methods. Once the payment methods are selected, the User can proceed with the payment of the Price securely. The credit card data transmitted during the electronic purchase process, such as the card number, expiration date, and CVV code, are protected and transmitted directly to the banking institution that handles the payments.

Payment takes place directly on a secure server and is protected with SSL encryption to ensure the absolute security of the transaction. In the case of payment through Google or Apple, the web session will be transferred to their respective sites. On these sites, the User can make the payment of the Price using their Google or Apple account, in accordance with the terms and conditions of use provided by Google or Apple, which the User has agreed to at that time or previously, without disclosing their financial information to 3BMeteo. The charge of the Price to the Google or Apple account occurs simultaneously with the sending of the payment confirmation. The Price cannot vary depending on the selected payment method.

Credential Security

Only the User should use the Account credentials. The Account credentials should not be transferred to third parties. The User undertakes to keep them secret and ensure that no third party has access to them, adopting all suitable security measures to reduce the risks of unauthorized or otherwise non-compliant access to their Account. The User agrees to promptly inform 3BMeteo if they suspect unauthorized, prohibited, or non-compliant access to their Account. 3BMeteo reserves the right to verify that the email on file is correct by sending a suitable email to the User and requesting the opening and consultation of the link contained in the email itself. The User guarantees that the personal information provided during the registration process, as well as in subsequent stages, is complete and truthful.

Withdrawal

The User expressly acknowledges and accepts that they lose the right to "reconsider" with respect to the use of the Content and Services through the Site, in accordance with Article 59, paragraph 1, letter O of the Consumer Code.

The User may withdraw at any time through the appropriate section available in their personal profile. It is understood that for any clarification, the User can contact 3BMeteo via email.

License

3BMeteo grants the User a non-exclusive, free-of-charge license for the App, with the limits of space, time, and technology specified here, with an express prohibition on sublicensing and derivative works.

By using the App, the User may create connections with hardware devices in order to use specific Services. The User undertakes to exercise all appropriate diligence in using the Services, with particular reference to those that involve the connection between the App and hardware.

Maintenance and Changes to Services

3BMeteo may, at its discretion, perform adaptive maintenance, evolutionary maintenance, and corrective maintenance activities. The Services offered through the App may change over time as they are subject to continuous improvements. At any time, 3BMeteo may temporarily or permanently modify, suspend, interrupt, or limit access to all or part of the services, even without notice, or limit the use of the Services territorially, qualitatively, or quantitatively. Some of these changes may make certain hardware devices or third-party services incompatible with the App.

DRM

3BMeteo may include DRM or other technological protection measures within the App, consisting of devices and/or components intended to prevent or limit unauthorized actions by the rights holder. Electronic information on the rights regime indicating the terms and conditions of use of the Content subject to the Services, the identity of the author of the work, as well as numbers or codes representing such information or other identification elements may also be affixed within the App.

Responsibility for Content

3BMeteo assumes no responsibility for the accuracy, completeness, and timeliness of the Content owned or otherwise included or contained in the App. The User is required to verify, before making any decision, including those related to the purchase of 3BMeteo's products and/or third-party products, the accuracy of the information provided within the App. 3BMeteo disclaims any liability for errors or omissions resulting from the use of Content, data, and information present in the App. The User accepts that communications made through the App – including exchanges via chat – including email communications – are not of a confidential nature.

Intellectual Property Rights and Trademarks

Except as otherwise provided by mandatory law, the App, considered in its entirety, as well as all the material contained therein, is protected by copyright laws and other intellectual property rights. The Content, materials, databases, published works, or any other material present within the App, including, by way of example and not exhaustively, trademarks, logos, images, photographs, press releases, and documents in general, are the exclusive property of 3BMeteo, or used with the prior authorization or license of the respective rights holder.

The User may only use such Content to the extent necessary for the proper use of the App and may not freely use them. 3BMeteo reserves all rights, including, in particular, the right to publish. Therefore, the dissemination of images taken from the App is to be considered prohibited. Any other use of said material, for any purpose, is prohibited without the prior consent of 3BMeteo.

Processing of Personal Data

Regarding the processing of the User's Personal Data, please refer to the Privacy Policy.

Contact Information

You can directly contact 3BMeteo at the following contact details: Tel. +39 0354158611; email [email protected].

Applicable Law and Competent Court

These General Terms and Conditions of Use are governed by Italian law. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Use, the court of the place of residence or domicile of the User shall have jurisdiction to decide on the merits.