The Object of the Agreement
The present contract (Agreement) concerns the application service named Setai (also the Service). The Service consists in the use of a smartphone application that provides several information related to the eco-sustainability and healthiness of the consumer dietary products, by scanning their barcode.
The following Terms & Conditions rule the contractual relationship between the Users and the Owner of the Service. The Owner of the Service is Setai s.r.l., a corporation having the Head Office in via Roma 19, 30172, Venice (Ve), Italy.
The present Agreement will apply on the UK territory and the Service must be subscribed by individuals who are at least 18 years old, or 13 years old with the consent of a parent or a legal guardian. The acceptance of the Agreement is deemed to be granted with the conclusion of the registration process and the creation of a personal account on the application.
Minimal technological requirements
The User’s device needs to have the following minimal technological requirements in order to allow an optimum installation and performance of the app:
Operational systems: iOS, Android.
The service provided by Setai
User can find a full description of the Service provided by Setai on our website: www.setai.io.
The main functions and screens of the Service are described as follows.
The first screen shows the logo and the Service name “Setai” on an orange background.
The second screen is the welcome screen which gives the User the possibility to register and login through Facebook, Google or the User’s private e-mail. In the latter case the User needs to register and login with his personal e-mail and password. This operation is the first step for the creation of the User personal account.
The third screen displays the personal information the User has (or can) enter to complete the registration of his personal account
Precisely, the mandatory information required are:
The optional information the User can insert are:
-country of the User;
-city of the User.
Once inserted the mandatory and the optional information in the personal account of the User the Agreement will be concluded.
The fourth screen displays the list of the dietary products scanned by the User. For every product the application shows a ten-basis score to describe how much the product is good for health and how much is environmentally friendly. Opening the single product page, the User will find out further information about the product.
The fifth function of the application is the access of the User’s device camera to scan the barcode of the dietary product. If the product scanned by the User is not included yet in the Service database, the application will inform the User that the Service will add the product to the list of scanned products, as soon as possible.
The last screen named “Chart results” allows the User to track the dietary products purchased. This screen gives an overall Health and CO2 Score on the grocery shopping made by the User in the last period.
The Agreement will be effective until the User or Setai will end it. Nevertheless, the User acknowledges and agrees that Setai may end the Agreement or suspend the User access to the Service at any time, in case there is an effective or alleged unauthorised utilisation by the User or in case there is a breach of the Agreement. Whenever the parties terminate the Agreement or Setai suspend the Service, the User agrees that Setai has no liability towards him. The User can withdraw from the present Agreement at any time by uninstalling the application. In case the User does not need information about withdrawing he can contact Setai by email at the following address: email@example.com.
Setai gives the User a limited, non-exclusive, revocable at any time, authorisation to use the Service and a limited, non-exclusive, revocable at any time authorisation to a personal use of the Service. The User shall not use the Service contents for a commercial purpose of any kind. The User acknowledges and agrees to use the service for his personal needs and not to market, transfer, distribute to others the Service Setai or its contents. Software applications and contents cannot be sold or transferred to Users and Setai holds all the rights on all the copies of the software applications and their contents, even after the installation on personal computers, tablets, smartphones, smartwatches, or any kind of device.
Setai s.r.l. is the only owner, at national and international level, of the Service, all its contents, the logo, the script, the design, the graphics and all the trademarks anyway exposed in the Service application. All the registered trademarks, de facto trademarks, domain names, firms, signs (Characterisations of the Brand Setai) are exclusive property of Setai. The present Agreement does not entitle the User to use any Characterisation of the Brand Setai, neither for a persona, nor for a commercial use.
Except for the rights expressively attributed to Users, pursuant to the present Agreement, Setai does not allow any other right, interest or faculty upon the Service or its contents.
Modification of the Agreement
Setai, on its sole discretion, can modify this Agreement at any time. A way of example, without limitation, Setai can modify the present Agreement for technical reasons, for legal reasons, to assure a safe operation or to improve the functionality of the application. In case of modification, Setai will send a notice to the User in the way Setai consider appropriate, for example sending a notice that will be visible in the private section of the application. In that case, the use of the application after the notice sending will correspond to an acceptation to the modification. The User is strongly encouraged to read the new Agreement in its entirety.
Contents generated by the users
The User needs to register and create a personal account to access the Service. In the registration the User needs to register his birthyear and his lifestyle (selecting one of the option available as vegetarian, flexitarian, medium meat-heater etc..). The User can also optionally register his gender, his level of physical activity, his intolerances, his allergies and his city and country of origin (Content of the User). The User ensures to be the lawful holder of the Content registered on Setai and that the information registered are not against the Agreement, the applicable law, the rights of individuals, the intellectual property rights of third parties. Setai may, without any obligation, review and modify the Content of User. Setai reserves the right to remove or block the access to any content of the user, also for no reason. Setai may apply these measures in its sole discretion, with no previous notice to the User.
The User gives Setai the right to allow the Service to use the user processor, the bandwidth and the storage hardware to facilitate the Service functioning and to give the User other information. If the User gives Setai feedbacks, idea or suggestions related to the Service, the User acknowledges that this feedback is not confidential and allows Setai to use it with no limitation and without compensation.
Obligations of the User:
1. The User shall keep confidential the information about his account, username and password and he is liable for every activity handled with his account (even the non-authorized ones);
2. The User shall not give his password to other parties, nor use the other people password and username, nor sell his account or accept to manage, influence or promote other accounts;
3. The User cannot use the application for any illegal, commercial or anyway prohibited use;
4. The User shall not transfer to other parties the contents of the application for any reason;
5. The User is liable for any information he uploads on his personal account;
6. The User cannot modify, alter, decode, disassemble the Setai Service or create any derivative work without Setai permission except when permitted by the applicable law;
7. The User shall not sell, locate, sub-locate or license any part of the Service or its content;
8. The User shall not bypass any technology used by Setai or a third party to protect the Service or its contents;
9. The User, for any reason, shall not remove or modify any trademark, copyright, or other intellectual property indication present within the Service;
10. The User shall not stop the advertising that appears on the Setai Service, nor create or distribute tools, made with the aim stop the advertising on Setai Service.
The breaches of any previously mentioned obligation by the User entitles Setai to terminate the present Agreement and to appeal the competent judicial authority to obtain a compensation for the damages eventually occurred.
In case of termination of the Agreement due to a User violation, the Service will be disabled, and the User will not be able to access and use the Service or any content previously created by himself.
Service Limitations and changes
In order to make the present Agreement effective, Setai will make any reasonable commercial effort to grant the functioning of the Service. Nevertheless, technical problems, the need to modify the Service according to the applicable law or the need to make tests can cause temporary interruptions of the Service.
Setai reserves the right, periodically and at any time, to modify and interrupt, temporary or definitely, the functions or the features of the Service, making the User aware, if possible, of such changes, in the most appropriate way according to the circumstances.
Wherever the User create a Setai account on the behalf of a company, organisation, institution or other entity (“Brand”), the term “User” hereto is applied to both, the individual and the Brand. Creating a Setai Account, the User declares to be entitled to give all the licenses and permissions disciplined by the present Agreement and to bind the Brand to it.
Database and methodology
The Service does not guarantee that the Database and the exact composition of the analysed products are totally reliable. Setai does not itself analyse the exact composition of the products. The App’s features are not medical advice under any circumstances. Setai cannot be considered liable for any error, inaccuracy or controversial evaluation about the dietary products contained in the Database. Nevertheless, Setai makes all the reasonable efforts to minimize the margin of error of the products’ data and of the results included in the Database. The Service calculates the results shown in the App through the application of a methodology based on the scientific studies and will make all the reasonable effort to update the methodology itself to the most recent and accredited scientific literature.
The Health Score assigned to any product is the result of the combination of three internationally accredited classification systems: the Nutriscore (50%), the NOVA Food Classification System (40%), and whether the product is organic or not (10%).
The CO2 Score assigned to any product is based on the calculation of the carbon footprint of all the ingredients therein contained for any phase of its life cycle. This methodology, so called cradle- to-gate, consider, by way of example without limitations, the production, the transportation, and the packaging. For more information about Setai methodology the User is encouraged to check the following website: www.setai.io/science
Setai may not in any event be held liable:
• for any direct or indirect damages, particularly with regard to lost profits, lost income, lost clients, or lost data that may, inter alia, result from the use of the App, or the inability to use it;
• for a User device malfunction, downtime, misuse, or improperly configured settings, or for the use of an uncommon or obsolete device by the User;
• for the content of links or outside sources accessible by the User from the App;
• for the content of the information related to the composition of the analysed products (food or cosmetics) and the evaluations, analyses, recommendations, or opinions related to them.
The User recognizes that Setai may not be held liable for the provision of data about the analysed products and may not be held liable for their content. The User expressly agrees that it is using the App at its own risk and under its own responsibility alone. The Service does not guarantee the accuracy, completeness, or exhaustiveness of the information and data found in the App. The User alone is responsible for choosing and purchasing a specific dietary product.
The Service may not be held liable nor for errors in the Database, neither particularly with respect to information about product analysis. It is therefore up to the User to verify the composition of the products directly on their packaging in order to be sure they are obtaining up-to-date information about their composition.
The Service cannot guarantee the usefulness of the App’s information and recommendations. The App is not in any event a substitute for consulting with a health professional, such as a dietician or a doctor. The information and recommendations may contain errors and must not in any event be used for medical purposes.
Severability and non-waiver clause
If any provision of this Agreement is found by a court of competent jurisdiction illegal, void or unenforceable, the other provisions shall remain in full force and effect and the affected provision will be modified so as to render it enforceable and effective to the maximum extent possible.
No delay or failure by Setai to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
This Agreement comprises the complete agreement between the parties relating to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations and communications, whether oral or written.
The User acknowledges and agrees to indemnify Setai from any party claim, about any kind of loss, damage and cost of any kind related to: violation of the present Agreement by the User; violation of any law or third party’s right by the User; incorrectly utilisation of the Service by the User.
Transfer and subcontract
Setai can transfer this Agreement, in whole or in part, to other parties. Setai can delegate the fulfilment of any obligation settled in the present Agreement, without the User permission. The User shall not subdelegate, license or otherwise transfer his rights settled by the present Agreement.
The place of jurisdiction and applicable law
Except for the imperative law provisions of a EU country or of another jurisdiction, the applicable law for any controversy that may arise from the present Agreement is the Italian law. The parties agree that the competent is the Court of Milan.
For any question about Setai Service or the Agreement is possible to contact us at the following link: www.setai.io/contact-us. The User can find that same link in the App.