Terms and Conditions

These Terms and Conditions ("Terms") and End User License Agreement (EULA) govern your participation in the UpApp Beta Program and use of the UpApp beta software provided by NIXOMEN ("we", "us", or "our"), in compliance with Italian consumer protection laws and EU regulations.

1. Acceptance of Terms

By downloading, installing, or using the UpApp beta software, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the software.

2. License Grant and Restrictions

2.1 Limited License

Subject to these Terms, NIXOMEN grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the UpApp beta software solely for personal, non-commercial testing purposes during the beta period.

2.2 Restrictions

You may not:

• Reverse engineer, decompile, or disassemble the software
• Distribute, sell, or sublicense the beta software
• Use the software for commercial purposes
• Remove or alter any proprietary notices
• Create derivative works based on the software

3. Beta Program Participation

3.1 Eligibility

• You must be at least 18 years old or have parental consent
• You must have a valid email address for communication
• You must comply with all applicable laws in your jurisdiction
• You must own or have authorized access to a compatible macOS device

3.2 Beta Access

• Beta access is provided at our sole discretion
• We reserve the right to limit the number of beta participants
• We may terminate your access at any time without notice

4. Intellectual Property

UpApp and all related intellectual property rights remain the exclusive property of NIXOMEN. The beta program does not transfer any ownership rights to you.

5. Privacy and Data Collection

Your participation in the beta program is subject to our Privacy Policy. By using UpApp, you consent to the collection and processing of data as described in our Privacy Policy.

6. Feedback and Contributions

Any feedback, suggestions, or bug reports you provide become the property of NIXOMEN and may be used to improve UpApp without compensation to you.

7. Disclaimers and Warranties

7.2 Italian Consumer Rights

For Italian consumers, statutory warranty rights under Italian Consumer Code (Codice del Consumo) remain unaffected for the final commercial version. However, beta software is excluded from consumer warranty protections.

8. Limitation of Liability

To the maximum extent permitted by applicable law, NIXOMEN shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the beta software.

9. Right of Withdrawal (EU/Italian Consumers)

EU and Italian consumers have the right to withdraw from the beta program within 14 days without giving reasons. However, by downloading and using the software immediately, you expressly agree to waive this right for the beta period.

10. Termination

• You may terminate your participation at any time by uninstalling the software
• We may terminate the beta program or your access without notice
• Upon termination, you must delete all copies of the beta software

11. Applicable Law and Jurisdiction

These Terms are governed by Italian law. For Italian consumers, any disputes will be subject to the jurisdiction of Italian courts. For business users, the exclusive jurisdiction is Milan, Italy.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the application. Continued use after notification constitutes acceptance of the updated Terms.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.