Futura Innovation SRL (hereinafter “Futura Innovation”, “we”, “us”, or “our”), REA code BG-474553, having its registered address at Via Mazzini 4/A, 24128 Bergamo, Italy, provides free and paid warning and notification services (collectively the “Services”) on seismic events through the Earthquake Network and the Earthquake Network PRO mobile applications (hereinafter “Apps” or “App”).
The Apps are currently published on the Google Play app store by Google, on the App Store app store by Apple and on the AppGallery app store by Huawei. These Terms of Service apply to all the Apps published on the above mentioned app stores.
Please read these Terms carefully before using the Services. If you do not agree to these Terms, you do not have the right to use the Services.
2. The Earthquake Network initiative
Futura Innovation runs and manages the Earthquake Network citizen science initiative (www.sismo.app) which implements a global earthquake warning system based on a network of mobile devices (smartphones and tablets). Installing the App on your device, the device becomes part of the network of the Earthquake Network initiative and it is exploited for the real-time detection of earthquakes.
In order to leave the initiative, please uninstall the App from your device.
3. Geographical availability and quality of the Services
Being Earthquake Network a citizen science initiative, the geographic availability and the quality of some Services provided by Futura Innovation are strongly affected by the participation of citizens in the initiative. Some services may not be available in some areas if none or very few citizens joined the initiative in that area.
From the App you can check if your area is covered by the network of devices.
4. Registration and account creation process
Registered users of the Services are able to use certain additional services and functionality of the apps (e.g., the chat rooms). Registration is performed by creating a personal account and the registration process is partially based on third party services, e.g. Facebook or Google. During the registration process you will be asked to choose a nickname and to provide your age, gender, nationality and home town.
If you are a physical person, you must be over 18 years of age in order to register an account for the services.
This license will automatically terminate if you violate any of these restrictions and may be terminated by Futura Innovation at any time.
5. User account security
Each user is personally and solely responsible for all actions made through his/her account. You agree to notify Futura Innovation immediately if you suspect any unauthorized use of your account or access to your account.
The personal account can be deactivated from the Apps or by sending an email to email@example.com.
6. Third Party Services
The Services are integrated with certain third party applications, websites, and services (“Third Party Services”) to make available content, products, and/or services to you. These Third Party Services may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Futura Innovation does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Services or for any transaction you may enter into with the provider of any such Third Party Services
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Services. Unless otherwise stated in these Terms, this right is granted for your personal, non-commercial use only. Permission is granted to temporarily download one copy of the materials (information or software) from the Services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the Services;
- Remove any copyright or other proprietary notations from the materials;
- Transfer the materials to another person or “mirror” the materials on any other server.
This license and the right to access the Services shall automatically terminate if you violate any provision of these Terms. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
8. Free and Paid Services
Certain Services from Futura Innovation are offered free of charge “Free Services” while other Services require payment before you can benefit from them, “Paid Services”.
Free Services include:
- Notifications based on the earthquake data released by the national and international seismological agencies;
- Notifications based on the felt reports sent by the app users when a felt earthquake occurs in their area;
- Access to and use of the public and private chat rooms made available by the Apps (this service is currently not available on the Apps published on the App Store by Apple).
Paid Services include:
- Real-time warnings based on the accelerometric data collected by the devices which are part of the Earthquake Network global seismic network;
- Notifications and real-time warnings via speech synthesizer;
- Priority on real-time warnings.
Before buying Paid Services, you may want to check if the Services are available in your area (see point 3. of these Terms of Service).
Some Paid Services are granted for an unlimited time after a single, while other Paid Services are entered into for a subscription period.
The subscription period may be either for one (1) month at a time or for twelve (12) months at a time. All subscriptions are automatically extended by an additional subscription period at a time until you or Futura Innovation terminates the subscription.
Subscriptions can be managed and terminated from your mobile device. You can also require to terminate a subscription by sending an email at firstname.lastname@example.org. The email must include the purchase code that has been sent to you by either Google, Apple or Huawei after the first purchase.
9. Fees and payment
Paid Services can be purchased through so-called in-app purchases in our Apps. Except in relation to certain in-app purchases, as described above, Paid Services shall be paid as a monthly or yearly subscription fee in accordance with the price applicable from time to time which is available in our Apps. You may effect payment of the fee through any of the means of payment offered in our Apps. If any payment is not made on the due date, your Paid Service subscription will be automatically and immediately terminated.
Futura Innovation may change the prices for the Paid Services from time to time. Price changes to Paid Services will take effect from the next subscription period (one or twelve months, see above) following the notification of the price change. As permitted by law, you accept the new price by continuing to use the Paid Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by terminating the Paid Services prior to the price change going into effect.
10. Trademarks and intellectual property rights
Ownership and all intellectual property rights in the Services or any content on the Services, including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in us, or our licensor, and nothing in these Terms shall be interpreted as a transfer of such rights from us to You. You are solely entitled to the limited license to the Services specifically granted under these Terms.
11. Unauthorized use/No interference
You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Services or use and/or monitor any information in or related to the Services for any unauthorized purpose. Specifically, each user, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party to) do any of the following:
- Use the Services or any data contain therein or provide, link, or otherwise make available, any information on the Services that is unlawful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or otherwise misrepresent your affiliation;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the Services;
- Alter or delete information not provided by you, or interfere with the operation of the Services including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
- You also agree not to permit any other user of the Services to access, view, download or reproduce the material for any use not permitted by us.
12. Chat rooms
Futura Innovation allow registered users to post text messages (hereinafter the “Material”) on the public and private chat rooms made available by the Apps.
By posting Material on the Apps, you consent to making the Material and your account details available to the public and other users.
The Material may not:
- contain your personal information (telephone numbers, addresses, credit card information, etc.)
- contain earthquake forecasts not supported by scientific data;
- contain content which aims to spread panic among users with untrue information or information without scientific basis;
- contain content which is protected by copyright, trade mark law or other intellectual property rights without the express consent of the right holder;
- market any product, service or company;
- identify any individual person without that person’s express consent (for example by name, address, or link);
- be offensive, disturbing, harassing, obscene, pornographic, discriminatory or in any other manner unsuitable or illegal;
- if published in a public chat room, be in a different language from the language of the chat room.
You are responsible for any damage suffered by Futura Innovation as consequence of the Material being made available in violation of these Terms.
You consent to our reviewing of the content of your Material and acknowledge that we may remove any Material at our discretion.
You are aware and understand that statements and opinions presented in the Material are those of other users and not those Futura Innovation. Futura Innovation does not support or endorse such statements and opinions, and that such statements and opinions may be incorrect or misleading.
You grant us the right to edit, copy, display, publish and distribute any information or material made available on the Services by you.
13. No warranties
The Services and the content therein are provided “as is” and “as available”. We make no warranties, expressed or implied, and hereby disclaim any warranty, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the content accessible through the Services and other services or otherwise relating to such content or on any sites linked to the Services.
We offer no guarantee that the Services (either free or paid) are available in your geographic area. In particular, we offer no guarantee that any given earthquake is detected by the Earthquake Network global seismic network and that a warning is sent to the users of the Apps.
We offer no guarantee that the Services will be provided without interruption or errors or that any mistakes or errors will be corrected. We do not guarantee that the Services or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.
The Services and the content therein may include technical or typographical errors. We do not warrant that any of the materials on the Services are accurate, complete, or current. We may make changes to the materials contained on the Services at any time without notice. We do not, however, make any commitment to update the materials.
14. Exclusion of liability
Unless caused by our gross negligence or intent, Futura Innovation shall, in no event, be liable for any losses or damages, whether direct or indirect (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the Services or the use or inability to use the content of the Services, even if Futura Innovation have been notified of the possibility of such damage.
Futura Innovation is not liable for:
- missed earthquake detections;
- false warnings generated by the network of devices;
- false warnings generated by false felt reports sent by the users of the Apps;
- missed warnings (e.g., warnings that are received by the device but not shown to the user of the App).
Also, Futura Innovation does not guarantee the accuracy of the earthquake information released by the national and international seismic and is not liable for the misuse of such information.
We cannot guarantee the security of any transfer of information made via the Services. We do not assume any liability for the information contained on the Services. The Services may contain links to third-party websites which are not under our control. We are not responsible for the contents of, nor we endorse, any third-party sites that are linked to the Services. We have not reviewed content other than the Services and we are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by Futura Innovation.
15. Changes to the Services
You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Services.
You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction apply to the Service in a way that may affect or impair the Paid Services, Futura Innovation shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Services.
16. Governing law and disputes
Any claim relating to the Services shall be governed by the laws of Italy without regard to its conflict of law provisions.
All disputes arising out of or in connection with the present Agreement shall be finally settled by the court of Bergamo, Italy.