Off

Terms and Conditions of Off - A better you

These Terms govern

the use of Off - A better you, and,

any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users

acknowledge and agree that, where Off - A better you has been provided to them via the Apple App Store, Apple may enforce

these Terms as a third-party beneficiary.

Off - A better you is provided by:

Rue Srl

Via Enrico Mattei 106

Bologna, Italy

Owner contact email: support@rue.xyz

What the User should know at a glance

Usage of Off - A better you and the Service is age restricted, as detailed in the relevant section of this document.

The Service/Off - A better you is only intended for Consumers.

Unless otherwise specified, the terms of use detailed in this section apply generally when using Off - A better you.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated

within this document.

By using Off - A better you, Users confirm to meet the following requirements:

Users must qualify as Consumers;

Users must be older than 18;

Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.

Government as a “terrorist-supporting” country;

Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and

truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose

passwords that meet the highest standards of strength permitted by Off - A better you.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if

they think their personal information, including but not limited to User accounts, access credentials or personal data, have been

violated, unduly disclosed or stolen.

Account terminationUsers can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it

deems inappropriate, offencive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any

applicable fees or prices.

Content on Off - A better you

Unless where otherwise specified or clearly recognisable, all content available on Off - A better you is owned or provided by the

Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Off - A better you infringes no applicable legal

provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably

report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate,

transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content

available on Off - A better you, nor allow any third party to do so through the User or their device, even without the User's

knowledge.

Where explicitly stated on Off - A better you, the User may download, copy and/or share some content available through Off - A

better you for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions

requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Removal of content from parts of Off - A better you available through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be

barred from using the Service.

Access to external resources

Through Off - A better you Users may have access to external resources provided by third parties. Users acknowledge and accept

that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in

content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Off - A better you and the Service may only be used within the scope of what they are provided for, under these Terms and

applicable law.

Users are solely responsible for making sure that their use of Off - A better you and/or the Service violates no applicable law,

regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by

denying Users access to Off - A better you or the Service, terminating contracts, reporting any misconduct performed

through Off - A better you or the Service to the competent authorities – such as judicial or administrative authorities -

whenever Users engage or are suspected to engage in any of the following activities:violate laws, regulations and/or these Terms;

infringe any third-party rights;

considerably impair the Owner’s legitimate interests;

offend the Owner or any third party.

Purchase via app store

Off - A better you or specific Products available for sale on Off - A better you must be purchased via a third-party app store. To

access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or

"Google Play"), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and

conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and

accept them.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and

termination are outlined below.

Subscriptions handled via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process

on Off - A better you. When doing so, Users acknowledge and accept that

any payment due shall be charged to their Apple ID account;

subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current

period expires;

any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;

subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the

Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls

inside Off - A better you.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the

Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners

and employees harmless from and against any claim or demand ⁠ — including but not limited to lawyer's fees and costs ⁠ — made

by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions

connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to

the extent allowed by applicable law.

The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers)

against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the

Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual

obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intentor gross negligence, as long as Off - A better you has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner

shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may

have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be

excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including

liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited,

at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied

again.

US Users

Disclaimer of Warranties

Off - A better you is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the

maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and

warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of

merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information,

whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not

expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders,

partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will

meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure;

that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any

content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users

shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from

such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or

offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to

or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or

operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content,

operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties.

The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have

other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the

extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers,

directors, agents, co-branders, partners, suppliers and employees be liable for:

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation

damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or

inability to use, the Service; and

any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or

User account or the information contained therein;

any errors, mistakes, or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored

therein;

any interruption or cessation of transmission to or from the Service;

any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

posted, emailed, transmitted, or otherwise made available through the Service; and/orthe defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its

subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any

claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by

User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the

Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether

the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been

advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above

limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have

other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the

terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-

branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages,

obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising

from

User’s use of and access to the Service, including any data or content transmitted or received by User;

User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and

warranties set forth in these terms;

User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property

rights;

User’s violation of any statutory law, rule, or regulation;

any content that is submitted from User’s account, including third party access with User’s unique username,

password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate

information;

User’s willful misconduct; or

statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and

employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or

provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or

any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is

discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect

Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure”

events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Off - A better you and of its Service without the

Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Off - A better you.

Intellectual property rightsWithout prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark

rights, patent rights and design rights related to Off - A better you are the exclusive property of the Owner or its licensors and are

subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or

logos appearing in connection with Off - A better you are, and remain, the exclusive property of the Owner or its licensors and

are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately

inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by

the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous

version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these

Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the

Owner.

Contacts

All communications relating to the use of Off - A better you must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or

unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and

effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to

render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users

and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all

prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent

permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an

amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if

so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not

nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties

would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining

provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this

document, without regard to conflict of laws principles.Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer

protection standards, such higher standards shall prevail.

Exception for Consumers in Switzerland

If the User qualifies as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil

If the User qualifies as a Consumer in Brazil and the product and/or service is commercialised in Brazil, Brazilian law will apply.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the

place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom,

Switzerland, Norway or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil that qualify as Consumers.

Definitions and legal references

Off - A better you (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Brazilian (or Brazil)

Applies where a User, regardless of nationality, is in Brazil.

Digital Product

Is a Product that consists of:

content produced and supplied in digital form; and/or

a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other form

of interaction with digital data uploaded or created by the User or any other user of Off - A better you.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Owner (or We)

Indicates the natural person(s) or legal entity that provides Off - A better you and/or the Service to Users.

Service

The service provided by Off - A better you as described in these Terms and on Off - A better you.

TermsAll provisions applicable to the use of Off - A better you and/or the Service as described in this document, including any other

related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Off - A better you.

Consumer

Consumer is any User qualifying as such under applicable law.

Latest update: 6 March 2024