TERMS OF SERVICE
Contact: acamerotto@libero.it
Website: www.spirtix.app
By accessing the website www.spirtix.app (the "Website") and/or by downloading, installing, or using the Spirtix application (the "App"), you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. These terms apply to all visitors, users, and others who access or use the Website and/or the App. If you do not agree, you must immediately cease all use of both the Website and the App.
1. Nature of the Service
Spirtix is a peer-to-peer social platform that allows registered users to publish and discover proposals to practice snow sports together, including but not limited to skiing and snowboarding. The owner acts solely as a technical intermediary between users and does not organize, supervise, endorse, or participate in any activity, meeting, or event arranged through the App or the Website.
All interactions, agreements, and activities between users are exclusively the responsibility of the users involved. The owner has no control over the identity, conduct, competence, or intentions of any user, and makes no representations or warranties in this regard.
2. Age Requirement
The Website and the App are intended for users who are at least 16 years of age. By using Spirtix, you represent and warrant that you meet this requirement. The owner shall not be held liable for any unauthorized use by individuals under the age of 16.
3. Assumption of Risk — Physical Activities
Skiing, snowboarding, and all other snow sports are inherently dangerous activities that involve significant risk of physical injury, including serious injury or death. By using Spirtix to find partners for such activities, you expressly acknowledge and accept all risks associated with the practice of these sports.
The owner of Spirtix:
- Does not verify the skill level, physical fitness, or experience of any user.
- Does not assess the suitability of any proposed activity, route, or location.
- Does not guarantee the accuracy of any information published by users regarding conditions, equipment, or ability.
- Shall not be held liable for any injury, accident, loss, or damage occurring before, during, or after any activity arranged through the App, regardless of cause.
Users are strongly advised to ensure they hold appropriate personal liability and accident insurance, carry the necessary safety equipment, and exercise their own independent judgment before engaging in any activity with another user.
4. Beta Phase — No Warranty of Functionality
The App is currently in a beta testing phase and is provided strictly for testing and evaluation purposes. During this phase:
- Features may be incomplete, modified, or removed without prior notice.
- The service may experience downtime, data loss, or technical errors at any time.
- No warranty of any kind — express or implied — is given regarding the correct functioning of the App or the Website.
- The owner reserves the right to terminate the beta phase, reset user data, or modify the service at any time without notice or compensation.
5. Free of Charge Service and Withdrawal Rights
The App and the Website are provided free of charge. Therefore, the statutory right of withdrawal (Droit de Rétractation) does not apply. No guarantees of uptime, stability, or future maintenance are provided. The owner reserves the right to modify or discontinue any part of the service at any time without notice.
6. Intellectual Property and Ownership
The Website and the App, including but not limited to their source code, algorithms, design, graphics, logos, and trademarks, are the exclusive property of the owner.
It is strictly prohibited to:
- Copy, reproduce, modify, or create derivative works of any part of the Website or the App.
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Website or the App.
- Use the service for unauthorized commercial purposes or to infringe upon the owner's branding.
The owner reserves the right to take legal action in civil and criminal courts against any individual or entity that infringes upon these intellectual property rights.
7. User Responsibility and Prohibited Conduct
The user is solely and exclusively responsible for their conduct and for any activity performed through the Website or the App. Each user agrees to use the service in good faith and in compliance with all applicable laws.
It is strictly forbidden to:
- Commit or promote any criminal or illegal activities according to applicable laws.
- Provide false, misleading, or fraudulent information in user profiles or session proposals.
- Harass, threaten, stalk, or engage in any form of abusive behavior toward other users.
- Use the platform for purposes other than its intended use (finding ski or snowboard partners).
- Infringe upon the rights of third parties, including privacy, data protection, and intellectual property rights.
- Transmit harmful, offensive, or malicious content, or attempt to compromise the security of the service.
The owner reserves the right to suspend or permanently delete the account of any user who engages in improper, abusive, or unlawful conduct, at the owner's sole discretion and without prior notice or obligation to provide justification. The owner will fully cooperate with law enforcement authorities and report any suspected illegal activity.
8. No Liability for User Conduct or Third-Party Interactions
The owner of Spirtix expressly disclaims all liability arising from interactions between users. In particular, the owner shall not be held responsible for:
- The accuracy, truthfulness, or completeness of any information provided by users.
- The behavior, identity, or conduct of any user before, during, or after a meeting arranged through the App.
- Any physical, emotional, financial, or other harm suffered as a result of contact or activities with other users.
- Any dispute arising between users in connection with the use of the service.
Users engage with one another entirely at their own risk. Spirtix strongly encourages users to exercise caution and personal judgment when meeting other users in person.
9. External Links
The Website or App may contain links to third-party websites. The owner is not responsible for the content, accuracy, or privacy practices of such external sites. Accessing third-party links is at the user's own risk.
10. Disclaimer of Liability
The service is provided on an "as-is" and "as-available" basis, with no warranty of any kind. To the maximum extent permitted by applicable law, the owner shall not be held liable for:
- Any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the Website or the App.
- Any physical injury, accident, or harm arising from activities organized through the platform.
- Unauthorized or illegal actions committed by third parties through the service's interface.
- Technical failures, data loss, or damage to the user's hardware or software.
- Any loss of data during the beta phase, including loss of account information or user-generated content.
11. Indemnification
You agree to indemnify, defend, and hold harmless the owner of Spirtix, its affiliates, and any associated individuals from and against any claims, losses, damages, liabilities, or expenses (including reasonable legal fees) arising out of or related to: (a) your violation of these Terms of Service; (b) your misuse of the App or Website; (c) any activity, meeting, or event organized through the platform; or (d) your interactions with other users.
12. Modifications to the Terms
The owner reserves the right to update or modify these Terms of Service at any time. Users will be notified of significant changes through the App or the Website. Continued use of the service following any modification constitutes acceptance of the updated terms.
13. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of France. Any dispute arising out of or in connection with these Terms, the Website, or the App shall be subject to the exclusive jurisdiction of the Courts of Albertville, France.