Terms of Use for Users
Last updated January 20, 2025
You are about to use the Kicè application (hereinafter “Platform”), which may be used only by natural persons (hereinafter “User” or “Users”) while participating in certain events held in physical locations.
3x1010 S.r.l. (VAT and Tax Code 02407220900) is a limited liability company, with its principal office at Corso Castelfidardo, 22 – 10138, Turin at OGR Tech (hereinafter "we" or "Company").
A User may use the Platform at physical events that are listed on the Platform itself (hereinafter “Event” or “Events”). During Events the Platform provides specific matchmaking services (hereinafter “Services”) described and governed by this document and related documents.
The Company may not be the organizer of the Events listed on the Platform. Information about the Events is available on the Event pages or via links contained within those pages.
The central purpose of the Platform is the Matchmaking Service. “Matchmaking” means the process through which two Users, during an Event, can choose to mutually share their contact information through the Platform. Such sharing occurs only and exclusively after both Users have explicitly expressed their interest in connecting (Match). The process is analogous to the traditional physical exchange of business cards at in-person events but managed digitally through the Platform. No automated decision is made by the Platform in the Matchmaking process, which depends solely on the will expressed by the Users involved.
These Terms of Use for Users (hereinafter ”Terms of Use”) apply to the legal relationship between the User and the Company when the User uses the Platform and its Services and constitute a binding agreement between the parties. The User agrees to these Terms of Use as legally binding by registering or using the Platform. The User may not use the Platform if they do not accept the Terms of Use.
1. General Provisions
The Company reserves the right to modify the Terms of Use at any time and at its sole discretion. The Company will inform the User of such changes by e-mail or via the Platform, including by simple publication. The changes will become effective 14 days after notification or on a different date indicated in the text. By using the Platform after the changes have come into effect or by expressly accepting them, the User accepts the changes as legally binding.
Only natural persons may use the Platform as Users. Registration on the Platform is required to use certain Services.
2. Account Creation
By creating an account on the Platform (hereinafter "Account") and using the Platform, the User warrants that they are legally qualified and authorized to enter into a binding legal relationship with the Company under a contract and in accordance with applicable laws. Account creation is available only to natural persons who have legal capacity, thereby excluding any person who has not reached the age of majority in their country of residence.
At the time of registration, the User must provide the information requested by the Platform truthfully. Mandatory information is indicated by the (*) symbol. The accuracy of the information provided may be verified by the Company during the use of the Platform or Services (for example, in the event of reports).
The User may use the login features provided by Social Connect functions available through the Platform. The User is responsible for the information entered in the social account used for registration, as well as for the security of that social account.
Participants are solely responsible for all activities carried out through the Account and for the secure use, maintenance, confidentiality, and all other matters related to their password. If the User becomes aware that someone else has used their Account, they must immediately inform us of the matter by e-mail at [EMAIL-SUPPORTO].
3. Services
The Platform, through its features, allows a User with an Account to:
- Update and modify their profile with the information they wish to display during Events, including their image and interests;
- View or search for Events on the Platform, including via geo-referencing functions;
- Check in to an Event as a participant (“Check-In”) in order to start Matchmaking with other Users;
- Receive notifications regarding activities on the Platform;
- Manage the contacts from Matches made.
3.1. User Profile Management
The User has the ability to update and integrate their Account information that is shared via the Platform. The User may make these changes for each Event. The User may also input information but restrict its visibility during the Event, even in the case of a Match (as defined below). In any case, the most recently updated information will be shown.
3.2. Check-In Process
The Check-In process takes place using the additional information provided at the Events. It can be done using the code shown during the event or QR Codes. By authorizing the Platform to use the device’s camera, the User can allow the reading of the Event QR Code and perform the Check-In.
3.3. Matchmaking
Once checked in, the User accesses the Event’s reserved area within the Platform, where they can view other Users participating in the same Event who have also checked in. Viewing is limited solely to the information made available by the User, excluding contact details.
To view contact information, Users must match by mutually accepting contact from both parties (hereinafter “Match”). In the event of a Match, the data relating to both Users involved are mutually displayed, analogous to exchanging a business card.
The availability and truthfulness of contact information are the User’s responsibility. Providing untruthful data may result in contract termination and Account suspension, with consequent deletion of information directly related to the User. The Company reserves the right to conduct appropriate verifications in the event of reports by other Users.
The purpose of the Match function is the natural or ordinary activity of voluntary exchange of personal information carried out during Events. The User is aware that using the Platform is intended for personal and domestic contacts. If information collection is used differently, the User must comply with applicable data protection laws.
Contact information acquired through a Match remains available on the Platform for the duration indicated by the Event date. After that period, contact information will no longer be viewable through the Platform but will remain available to the User who received it, in accordance with applicable data protection laws.
4. License
Under the Terms of Use, we grant the User a personal, revocable, non-exclusive, non-sublicensable, non-transferable license (“License”) to use the Platform in accordance with this Agreement on a mobile phone, tablet, computer, or other device (each, a “Device”) owned or controlled by the User.
The User agrees not to, and will not permit any third party to: (i) sublicense, redistribute, sell, rent, lease, lend, or sublicense the Platform; (ii) decode, decompile, disassemble, or otherwise attempt to derive the source code of the Platform; (iii) copy (except for backup purposes), modify, adapt, alter, enhance, or create derivative works of the Platform or any part thereof; (iv) use the name, logo, or trademarks of the Company or the Platform in any context other than use of the Platform without our prior written consent; (v) use the Platform or software to violate applicable laws, regulations, or rules, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any way that violates the Terms of Use; and/or engage in any activity that interferes with or disrupts the Platform.
5. Payments
Currently, the User is entitled to use the Platform free of charge. However, in the future we may charge fees for certain features and/or uses.
Any payment information and payment methods will be specified and presented through the Platform and its terms.
6. User Rights and Obligations
The User is solely responsible for their actions within the Platform, at Events, and regarding contacts obtained through Matching. The User must act lawfully and truthfully in all Events they attend.
The User is solely responsible, including for maintenance and usage costs, for their electronic devices, communication devices, and other similar equipment, as well as for matters such as hardware conditions, Internet connection, antivirus, backups, and other similar issues.
The User agrees to use the Platform only for purposes permitted by the Terms of Use and any law, regulation, policy, or guideline of the Company or generally accepted in the Italian jurisdiction.
It is prohibited to use email addresses in the Account that may offend third parties or other Participants. We reserve the right to suspend and/or delete an Account if a Participant violates this Agreement, the law, or good practice, or has not logged in to the Platform for 12 months.
The User agrees not to undertake any action that disturbs or otherwise obstructs the Platform or its IT infrastructures (e.g., servers, networks, etc.).
The Platform may contain links to third-party websites. Visiting third-party websites is at the User’s own responsibility and risk. The Company does not guarantee that information on third-party sites is adequate and/or up to date.
The User agrees not to send, transmit, or store material through the Platform that violates good practices or the law. The User further agrees not to encourage others to engage in such activities.
The User agrees not to upload, share, or transmit through the Platform:
- Defamatory, obscene, violent, or discriminatory content;
- Material that infringes third-party intellectual property rights;
- False or misleading information about themselves or others;
- Unauthorized commercial content or spam;
- Malware or harmful code;
- Third-party personal data without authorization. Violation of these prohibitions may result in immediate Account suspension or termination.
The Company owns and retains all proprietary rights to the Platform and all related contents, trademarks, trade names, service marks, and other intellectual property rights. The Platform contains copyrighted material, trademarks, and other proprietary information of the Company and its licensors. The User agrees not to copy, modify, transmit, create derivative works from, use, or reproduce any copyrighted material, trademarks, trade names, service marks, or other proprietary information or materials accessible through the Platform without the Company’s prior written consent. The User agrees not to remove, obscure, or otherwise alter any proprietary notices on any content, including copyright, trademark, and other intellectual property notices.
If the User fails to comply with this Agreement, the Company may terminate the Agreement immediately, delete the User’s Account, and take any other similar action.
The Platform may allow hosting, sharing, and publishing of User content. The User acknowledges that User content may be publicly available.
By submitting, posting, or displaying content on or through the Services, the User grants the Company a worldwide, non-exclusive, royalty-free (with the right to sublicense) license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any media or distribution method now known or later developed.
The User retains intellectual property rights to content they upload to the Platform. By granting the license to the Company, the User represents that they have all necessary rights to the shared content and agrees to indemnify the Company from any third-party claims.
The User represents that they have read and understood the Company’s Privacy Policy.
7. Company Rights and Obligations
The Company acts solely as the administrator of the Platform. The Company is not responsible for the availability, redemption, marketing, or any obligation related to the Events, nor for liability, errors, reliability, damages, or any other matters relating to the Events. The Company is also not responsible for the use, obstruction, or content of the Events, nor for the actions of event organizers or participants during, before, or after the Events, or for the activities of Platform organizers or Users.
In no event shall the Company be liable for incidents, damages, or offenses related to the Event or the Platform caused by third parties. In no event shall the Company be liable for any direct or indirect damages in connection with the Platform or the use, information, and notices available through the Platform. The Company is also not responsible for any damages or other disadvantages that may be caused to the User or third parties by incorrect or insufficient information.
The Company is not responsible for any losses arising from the use of the Platform. Participants agree to be solely responsible for failure to comply with obligations under this Agreement and their consequences.
The Company makes no warranties or representations regarding the operation of Platform features and does not promise that the Platform will operate uninterrupted or error-free. The Company is not responsible for any damages to the User or third parties caused by use, malfunctions, technical defects, or harmful software on the Platform or third-party links or any other similar cause.
The Company has the right to disable the Platform or parts thereof for maintenance, modification, public order and safety, system overload, or other similar causes. The Company may discontinue (permanently or temporarily) the provision of the Platform (or any part thereof), to an individual Participant or to Participants in general, at the Company’s sole discretion and without notice.
The Platform is provided “as is” and “as available” without warranties of any kind, including, but not limited to, merchantability, fitness for a particular purpose, title, non-infringement, or those arising from statute or course of dealing or usage of trade.
The Platform may also allow the User to view or access third-party sources, such as third-party websites. We assume no responsibility for the content, actions, or practices of such sources. The User’s interaction with such source and reliance on any content provided by such sources is at the User’s sole discretion and risk.
The Company is not responsible for the content of the Platform or its correctness, except for content generated by the Company. Therefore, the Company is not responsible, for example, for information that Users disclose through the Platform or that organizers make available.
The Company has the right to remove material (i) that has been denied or reported by the Company on the Platform, or (ii) that, in the Company’s opinion, is illegal, contrary to good practices or the Terms of Use, inappropriate or erroneous, or (iii) harmful to the Company, Users, or third parties. The Company also has the right to remove material from the Platform if it contains legally questionable or offensive information or content that is inappropriate for the Company.
The Company has no obligation to actively monitor User activities or content on the Platform. The Company acts upon reports, which may be made in writing to privacy@3x1010.it.
The Company may suspend or delete the User’s Account in the following cases:
- Violation of the Terms of Use;
- Inappropriate behavior reported by other Users;
- Prolonged inactivity beyond 12 months;
- At the request of competent authorities.
Prior to permanent suspension, except in cases of particular severity, the Company will send a notice to the User granting a 7-day period to provide clarifications or remedy the violation. During the suspension period, the User will not be able to access the Services but may retrieve their personal data.
The Platform derives anonymous data from how the User uses the Platform during the Event, including, but not limited to, so-called anonymized usage data generated on the Platform (hereinafter “Anonymized Usage Data”). The Company will hold all rights, title, and interest in all Anonymized Usage Data and, therefore, may freely use the Anonymized Usage Data, as it is anonymous, for its own purposes.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, commercial partners, or service providers be liable to the User or any third party for any indirect, reliance, consequential, exemplary, incidental, special, or punitive damages, including, but not limited to, loss of profits, loss of goodwill, loss, corruption, or breach of data or programs, interruption of the Platform, and procurement of substitute services, even if the Company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary in this document, the Company’s liability to the User for any cause of action, and regardless of the form of the action, will always be limited to the amount paid, if any, by the User to the Company for the Platform in the three (3) months preceding the date of filing a claim or, if no payment was made, to an amount not to exceed €50.00 (fifty/00).
9. Indemnification
The User agrees to defend, indemnify, and hold harmless the Company and our affiliates, officers, directors, employees, and agents from and against any claim, damage, obligation, loss, liability, cost, and expense (including, but not limited to, attorney’s fees) arising from: (i) the use or inability to use the Platform; (ii) the User’s breach of this Agreement; and (iii) the User’s violation of any third-party rights, including, but not limited to, intellectual property rights or data protection rights.
10. License
The Company places great importance on protecting personal data and respecting privacy. To learn how personal data is processed, please refer to the Privacy Policy available at the following link:
11. Term and Termination
This agreement enters into force when the User expressly accepts it by registering for an Account or by using the Platform. This agreement will remain in effect until terminated for any reason identified in these Terms of Use.
The User may withdraw from this Agreement with immediate effect by e-mail or through the Platform. Upon termination, the User is not relieved of obligations assumed under the Agreement prior to termination.
Upon termination of this Agreement, the Company will close the User’s Account and remove any material the User has published through the Platform if the User can be identified with such material.
12. Governing Law and Disputes
This Agreement and the relationship between the User and the Company will be governed and construed in accordance with Italian law, regardless of its conflict of law principles.
If the User has a dispute with the organizer, the User must resolve the dispute with the organizer directly.
If disputes are not resolved through alternative dispute resolution mechanisms, they will be subject to the jurisdiction of the Court of Turin. As a consumer, the User may also take action before the courts of the EU Member State in which they are resident or domiciled to bring a dispute related to this Agreement.
13. Final Provisions
The User may not assign, transfer, or sublicense this Agreement without the Company’s prior written consent. The Company has the unilateral right to assign, transfer, or delegate any or all of its rights and obligations under the Agreement.
The User agrees that if the Company does not exercise or enforce any legal right under the Agreement (for example, the right to seek compensation), this does not constitute a formal waiver of the Company’s rights, and the Company retains the right to exercise its rights later.
If any provision of this Agreement is held invalid by a court decision, only that invalid provision will be removed from the Agreement, and the remainder of the Agreement will continue to be valid.
Sections 5-9 and 11 will survive and remain in effect even after termination of the Agreement.