These terms and conditions (hereinafter the “Terms“) apply to your use of the “Incloodo” web application (hereinafter “Users”), and app (hereinafter “App“) owned by Incloodo srl (P.

IVA 11819470961), with registered office in Via Luigi Majno 28, 20129 Milano IT (hereinafter the “Company“).

Users, by registering according to the App procedure agree to be bound by these Terms.

The App is the exclusive property of the Company and all rights not granted to users in these Terms are reserved by the Company.

The Company reserves the right to change the Terms at any time by posting the new version with appropriate wording such as, but not limited to, “Last Updated” or the most recent date. In the event of a change, Users will be notified by email with 30 days’ notice of the change and, if they do not agree with the change, they may terminate the Terms unilaterally by replying to the email.

If you have any questions or queries regarding the Terms, please contact us by email info@incloodo.com

1.   The App and the Company:

1. The App turns out to be a social App aimed at connecting users who wish to become part of common groups of interest through the creation of a profile, allowing users to create in turn targeted content exclusively designed to enhance group experiences. Through the creation of these activities, it is possible to share experiences with the whole community, giving the possibility to new users to join and increase the involvement of all.
   1. The App does not own, create, sell, resell, make available, control, manage or similar contents from and to the Users. The Users are responsible for the publication of their contents or Advertisements and the App is not in any way a contractual party between the Users, nor any other possible intermediary figure. As an exception to what has been established, if this is required by a specific legal and/or regulatory provision, the Company could act as an agent in specific and limited cases.
   1. The App may contain links to third party websites or resources which, by their nature, may be subject to different terms and conditions and different data protection practices. The Company is not responsible for and does not endorse the availability or accuracy of such third-party services or the related content, products or services available through such Third-Party Services.
   1. The Company does not issue declarations or guarantees regarding the accuracy, completeness, correctness, authenticity, conformity to the law of the contents and materials present on the App and does not assume any kind of responsibility for them.
   1. Where there is any possibility of helping to facilitate the resolution of disputes, the Company has no control over and does not guarantee i) the existence, quality, safety, suitability or legality of any Advertisement or Service and/or ii) the performance or conduct of any User or third party.

1. The Company does not warrant that the contents published in its App are following the laws of the jurisdiction where the Users reside. The access to the App from countries where its contents are considered illegal is expressly forbidden. The Users who decide to access the App from such countries will be the only responsible for the compliance with the laws applicable to them.
   1. The Company is extraneous to any disputes or negotiations or disputes that may arise between Users, as well as Users and third parties. In the event of a dispute, the Company, its officers, employees, representatives are expressly released from claims, damages, and demands of any kind, known or unknown, suspected or unsuspected, disclosed or confidential, arising directly and/or however indirectly from such disputes.
   1. The Company shall not be liable in the event of total or partial non-performance of its obligations under any contract concluded pursuant to these Terms, if such non- performance is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, war, civil unrest, power failure, interruption of services provided through the Internet and related connection.

2.     Scope of the Conditions:

• The use of the App implies the acceptance of the Terms by the User. If User does not accept the Terms and/or any other note, legal notice, information published or referred to herein, he will not be able to use the App or the related Services.
  • Before using the App, the User must read the Terms carefully and save or print them for future reference.
  • The Company reserves the right to change at its own discretion, at any time, even after the User’s registration, the graphic interface of the App and the Contents and their organization, as well as any other aspect that characterizes the functionality and the management of the same, communicating to the User, where necessary, the relevant instructions.

3.     Account and Registration:

• The User must be at least 18 years old to register to the App, or, if a minor, must be at least 14 years old, otherwise the registration cannot be accepted. In case the age requirement is not respected, the Company is not responsible for the registration and consequent actions or omissions.
  • If you register the Account on behalf of a legal entity other than a natural person, you represent and warrant that you have the necessary authority to legally bind such entity and, at the same time, grant the necessary authority to use the App in accordance with these Terms.
  • The User will be able to create an account through the App by providing true information (otherwise the account will be deleted by the Company) and will be responsible for safeguarding the password and the use of the account. You will be responsible for safeguarding your password and the use of your account. If you become aware of any violations, you must notify the Company as soon as possible.

• The user will not be able to log in through other social network accounts.
  • The User is responsible for the safekeeping of his access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User agrees to keep them secret and to ensure that no third party has access to them and to inform the Company immediately if he suspects or becomes aware of any misuse or improper disclosure of the same.
  • The Company may terminate or suspend your account, without prior notice or liability, for any reason, including without limitation breach of the Terms.
  • If you terminate your account for any reason, your rights under the Terms will cease immediately. If you wish to terminate an account, you must notify the Company at

info@incloodo.com who will cancel the same.

• User also agrees not to insert on the App information and/or images regarding third parties without prior consent and/or authorization.
  • You further agree, once you have obtained access to the App, not to engage in any activity that discredits the quality or compromises the functionality of the App, the Services offered and/or the Listings posted.
  • User represents and warrants for the benefit of the Company, affiliates and third parties mentioned in the App that: i) User has the right and ability to make the representations and warranties set forth in the Terms; ii) all information submitted to the App is true and accurate; iii) User will not use the App for any purpose that is illegal or prohibited by the Terms.

4.     App information and account security:

• When you sign up, you provide certain basic information, including an email address and password. We encourage you to keep your e-mail address and other account information up-to-date and accurate.
  • At the time of registration, the App may require the user to access their contact list in order to improve the experience within the App and ensure it works effectively.
  • Access to the user’s contact list will allow users to easily find their contacts within the App, invite them to join groups of interest and thus improve the user experience.
  • In addition, you agree to maintain the security and confidentiality of your password (otherwise the Company may disable your account).
  • We recommend that you choose a secure, unique password that you do not use for any other account or online service and that you implement other password security procedures to prevent unauthorized access to your account.
  • You are solely responsible for anything that happens because of your failure to comply with these security and privacy obligations, such as sharing your account credentials with others.
  • If external parties use your password or access your account without permission, please email us at info@incloodo.com

5.     Child protection within the App:

• The App is available to anyone who is at least 14 years old. By signing up, you represent that you are at least 14 years old. Additional eligibility requirements for specific sections of our App may be established by any member who has the authority to moderate or manage that section. For example, eligibility requirements for an Incloodo group or Incloodo event may be established by the organizers of that group.
  • The Company reserves the right to modify, suspend or terminate your account or access to the App if, in its sole discretion, it determines that you have violated this Agreement, including the policies and guidelines that are part of it, and, that the decision is in the best interest of the community or to protect the brand or the App. Should this occur, the reasons for the change, suspension or termination will be communicated. The Company may also remove the accounts of members who make false statements for an extended period. If you believe that the modification, suspension, or termination has occurred in error, you should email info@incloodo.com
  • The Company uses all possible and available tools to guarantee the safety of minors within the App, compatibly with its means and with the state of the art of the App. The Company will not be responsible for any violation or unrecognizable falsification used by minors within the App (e.g., falsification of identity documents).
  • If there are reports within the app, the app will move to delete and remove the content as soon as possible to ensure respect for the rights of users in the app.

6.     Account deletion and closure

• The registered User can stop using the App at any time and deactivate his account or request its cancellation through the procedure indicated in the App or in any case by sending a written communication to the email address
  • In the event of a violation by the User of the Terms or applicable legal provisions, the Company reserves the right to suspend or terminate the User’s account at any time and without notice.
  • If reports occur within the app, the app will move to delete and remove content as soon as possible or suspend accounts to ensure that the rights of users in the app are respected.

7.     App contents and intellectual property

• The images, texts, and other multimedia contents (hereinafter “Contents“) are constantly updated, but the Company does not guarantee their exactness, accuracy and completeness. The Company reserves the right to modify the Contents without any obligation to notify the Users.
  • You agree that Content is not capable of attracting legal consequences and does not constitute an offer to the public.
  • All intellectual property rights relating to the Content such as, without limitation, trademarks, logos, form marks, designs, images, photos, characters, designs, music,

videos, software, code and scripts displayed on the App are subject to intellectual property rights and are the exclusive property of the Company.

• In this sense, the User acknowledges that said rights are and remain the exclusive property of the Company and that the use of the above-described intellectual property of the Company is subject to authorization by the Company itself.
  • The User therefore undertakes to respect such rights and not to compromise in any way the exercise of such rights by the legitimate owners. The Company reserves the right to terminate the accounts of Users who violate the Company’s proprietary rights.
  • If, instead, further images, texts or multimedia contents are owned and/or uploaded by the Users themselves, they can receive modification requests by the Company if they violate the Terms or are not in line with the purpose of the App. If the request of modification is not executed, the Company reserves the right to delete the content not in line with the purpose of the App.
  • In the latter case, any liability arising from or in connection with what is owned and/or uploaded by the Users, the latter will be liable for any damages and, as of now, they release the Company from any liability.
  • If there are reports within the App, the App will move to delete and remove the content as soon as possible to ensure respect for the rights of the Users in the App.

8.     Third Party Intellectual Property:

• The Company is not responsible for the exactness, accuracy, and completeness of audio/video contents on the App, trademarks, patents protected by copyright (or for example SIAE) of third parties.
  • Any infringement of third parties’ intellectual property will be attributed to the individual User and not to the Company. In case of reports within the App, the App will move to delete and remove the contents as soon as possible to ensure the respect of the rights of the Users in the App.
  • The App does not monitor the content of other members. If we become aware of inappropriate content on the App, we reserve the right to investigate and take appropriate action, but we have no obligation to monitor, nor do we take responsibility for, content posted by other members.
  • In case of reports we reserve the right to remove, temporarily or permanently, content that may violate third parties’ rights or intellectual property and/or create actual or potential damage to the App and/or the Company.

9.     Disputes between Users:

• Should a dispute arise between Users, they are solely responsible for the resolution (judicial or extrajudicial) of such dispute. Users, therefore, indemnify and hold harmless the Company from any dispute that may arise in the relationship between them.
  • Eventually, in exceptional cases and without these entailing costs and/or responsibilities for the Company, the Company may decide to support any requests through the App in order to resolve said disputes.
  • In the exceptional cases referred to in the preceding paragraph, users agree to cooperate in good faith with the Company to provide the necessary information and to reach a resolution that may satisfy the users. In any case, if this attempt is unsuccessful, the users acknowledge that nothing can be charged to the Company, excluding any liability for it.

10.  Warranty Disclaimer:

1. The App is provided on an “as is” and “as available” basis and the Company does not provide any express or implied warranties in relation thereto, nor does it provide any warranty that the App will meet the needs of the Users or that it will never be subject to interruptions or will be error free and it will use its best efforts to prevent the App from containing viruses.
   1. The Company will endeavor to ensure that the App is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, it is not accessible and/or operational at any time or for any period. Access to the App may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the control of the Company or due to force majeure events.

11.  Limitation of Liability:

1. The Company cannot be held responsible to the User, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers.
   1. You acknowledge that some Incloodo groups involve inherent risks, such as the risk of illness, injury, disability, or death (with respect to, for example, groups involving sports or dangerous activities). By participating in these events, you acknowledge and agree that you have freely chosen to assume these risks.
   1. Furthermore, the Company shall not be liable for damages, losses and costs incurred by the User because of the non-execution of the contract for reasons not attributable to him.
   1. The Company assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment,
   1. The Company will not be liable for:
      1. any loss of commercial opportunity and any other loss, even indirect, that the User may suffer that is not a direct consequence of the violation of the contract by the Company
      1. incorrect or inappropriate use of the App by Users or third parties
   1. In no event shall the Company be liable for more than double the amount paid by the User.

12.  Final provisions:

1. The Company’s failure to exercise one or more of its rights under these Terms shall not constitute a waiver or limitation thereof.
   1. If one or more of the provisions of the Terms are invalid or unenforceable this shall not affect the other provisions of the Terms. The same shall apply in the event of a dispute and, in addition, the provision may become valid or effective again if appropriate limitations are placed during the dispute by the adjudicating body.
   1. Any provision of these Terms that, by its nature, would survive termination shall survive termination, including, without limitation, ownership provisions, warranties, indemnification, and limitation of liability.
   1. You may not assign, transfer, or delegate the provisions, in whole or in part, of these Terms and your rights and obligations hereunder without our prior consent. The Company reserves the right, without limitation, to assign, transfer or delegate the provisions, in whole or in part, of these Terms and any of its rights and obligations hereunder, at its sole discretion, upon 30 days’ notice. The right of termination set forth at the top of the Terms remains unaffected.

13.     Privacy:

1. The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at www.incloodo.com/privacy

14.     Applicable law and dispute resolution

1. These Terms are governed by Italian law, with specific reference to Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce and, where applicable, the Consumer Code, where applicable.
   1. The provision of the service and the use of the App are governed exclusively by the provisions of the preceding paragraph even if partially performed abroad and in the presence of other connecting criteria.
   1. In the event of a dispute arising out of or in connection with these Terms between Users and the Company, the Company agrees to resolve the dispute in concert with the latter in accordance with the principles of cooperation and good faith.
   1. If the Company and the User do not reach an agreement to resolve the emerging dispute, said dispute will be referred to the Court of Milan.