Terms and Conditions for shop owners

What this document is and who we are: What you are reading is a document with a legal value that constitutes the agreement between you (which in this document we will refer to as "Shop owner") and us. You are required to comply with the terms and conditions of use below, collectively referred to as the "Agreement". We are FB Innovation srls, managers of the website and of the service called "Pin Bike", as well as suppliers of a series of related services. FB Innovation srls is a company established in Italy, with a registered office in s.p. 231 km 32.700 - Corato (BA) - Italy, VAT number 08079840727. In this document, we will refer to ourselves with the expressions “FB Innovation”, “We”, “the Company”.

With the terms “system”, “portal”, “website” we refer to the Pin Bike web service.

The operator who decides to participate in the project called "Pin Bike", fully accepts all the following conditions.

1. VISIBILITY

The shop owner, after configuring and entering at least one store location, must enter at least one active reward in the system, otherwise, it will not be visible within the system (website and app).

2. REWARDS

2.1 Type of reward and value in points

The reward can consist of an object as a gift or a defined discount on a minimum expense.

The discount can also be based on a percentage, but must in any case be defined on a minimum expense: this is because the system assigns the points necessary to obtain the reward starting from a defined economic value.

1 cent is equivalent to 1 point which is equivalent to 100 meters ridden by bicycle.

For example, if the shop owner uploads a 5 € discount to the system on a 50 € expense, they will have to describe the type of reward in the description field and enter a numeric value in the appropriate field, in this case 5. The system will suggest 500 points for obtaining the prize.

In another hypothesis, if the shop owner wants to insert a percentage discount, for example 10%, they will have to describe the type of prize in the description field, but he will always have to enter a numeric value in the prize value field, which, in this case it can always be 5, as in the previous example, considering a minimum expense of € 50.

So also in this case the points needed for the redemption will always be 500.

2.2 Discount codes and points transfer

The cyclist user redeems their prize and obtains a discount code of the same value and with the conditions indicated by the operator when entering the prize.

When the cyclist wants to use the prize, they must communicate the (unique) code of his prize to the operator, at the same time as it is used.

The shop owner must enter the code in the appropriate area on his panel within the system and confirm. After confirmation, the prize will be redeemed and the value of the prize in points will be transferred from the cyclist's wallet to the shop owner's wallet.

2.3 Rewards from e-commerce shop owners

If an e-commerce shop owner is offering the prize, they must also communicate his email address in the description field of the prize and invite the user to communicate the code generated by the system after redemption.

The e-commerce shop owners who will receive the cyclist user's email with the code automatically generated by the system will have to reply to the same message indicating to the user how to take advantage of the prize just redeemed in its online store.

At the same time, having already communicated a discount code (or other methods accepted in its online store), the e-commerce shop owner will be able to redeem the code within the Pin Bike system.

The cyclist user will have a discount code that can only be used in the shop owner's online store and will be free to use it within the terms and in the way indicated by the shop owner in the email.

3. ADVERTISEMENT

The operator has access to an in-app advertising system aimed at "cyclists" end users. This service is paid for by the shop owner through their points portfolio.

Shop owners points are obtained in two ways:

• by paying a top-up directly via the PayPal system (based on brackets as defined in the merchant's personal area).
• by giving prizes to cyclist users: when the cyclist user redeems a prize offered by the operator, the points necessary to obtain the same are transferred from the cyclist user's wallet to the shop owner's wallet.

In-app advertising paid for by the shop owner can be customized via image, text and link by the shop owners themselves, consists of a 20-second popup (the cyclist user can always close by swipe) and can be of two types, based on the when the popup appears:

• during the cycling session of the cyclist user (while they are riding)
• at the end of the cycling session, before the actual rescue (when the cyclist is stationary and has the smartphone in hand).

The cost of type A advertising is 50 points

The cost of type B advertising is 100 points

The choice of the type of advertising is made automatically by the system in a random way with an algorithm that tries to level all the requests for advertisements in the system.

The operator can decide which cyclist users to display the advertisement, based on the city chosen by the user during registration, or leave it active for the entire national system.

4. STANDARD UTILIZZATI E LIMITAZIONE DELLA RESPONSABILITÀ DI FB INNOVATION

4.1. Our standards: FB Innovation adopts the maximum commitment required in carrying out its business and guarantees that:

4.1.1. will employ the care and expertise that is reasonable to expect in the performance of any obligation arising under this Agreement;

4.1.2. will not violate any canon of professional diligence placed to oversee its business.

4.2. Section 4 applies with priority over all other sections of this Agreement and sets the limits of our liability for non-performance, failure or delay in performing this Agreement, the Services, the Site or any purchase (or any part thereof). ), or in any case in relation to this Agreement or the conclusion or execution of the same.

4.3. What we are responsible for: Nothing in this Agreement will exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) gross negligence on our part; or (iv) any Liability which cannot be excluded or limited by applicable law. In any case, the Customer is required to take all reasonable measures in order to avoid or limit any damage.

4.4. For what we are not responsible: Except as provided in Clause 4.3, since our business is to provide our Site and the related Services for a non-commercial use of the same by the Customer, we will never be responsible for:

4.4.1. loss of income or revenues;

4.4.2. loss of current or anticipated profits;

4.4.3. loss of opportunity;

4.4.4. indirect or consequential loss ("consequential loss" means losses that are not known, anticipated or otherwise foreseeable ").

5. YOUR OBLIGATIONS

5.1. Accuracy of information: You ensure that all information provided at the time of registration and contained within your Account is true, complete, and accurate and if this information changes, you will notify by promptly modifying the details of your Account.

5.2. Site Content: It is your responsibility to verify that all Articles or Information (or Products) made available on the Site meet your specific needs.

5.3. What you cannot do: Without limitation, You undertake not to use and not to allow others to use the Services or the Site:

5.3.1. to upload, send or receive any material, including User Content, that may be detrimental to good taste;

5.3.2. to upload, send or receive any material, including User Content, that is illegal, harmful, harmful, threatening, abusive, harassing, racist, homophobic, pornographic, violent, misleading, grossly offensive, indecent, obscene, blasphemous or defamatory or prejudicial or infringing the rights of another natural or legal person, in contempt of court or in breach of trust, including copyright, trademarks, patents, personality rights, publicity or confidentiality or others rights of third parties;

5.3.3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and / or approvals (from us or a third party) or which constitute or encourage conduct that could be considered criminal offenses , which would result in criminal and / or civil responsibilities, or would in any case be contrary to the law or would violate the rights of third parties, in every country in the world;

5.3.4. to upload, send or receive materials that are technically harmful (including computer viruses, logic bombs, Trojans, worms, components, corrupted or harmful data, malicious software, or anything else that may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation of the functionality of any software or computer equipment);

5.3.5. to cause disturbance, accidents or unjustified disturbances;

5.3.6. to intercept or attempt to intercept communications transmitted through telecommunication systems;

5.3.7. for a purpose of use other than that for which we have designed them or for which we have intended them;

5.3.8. for any fraudulent purpose; or

5.3.9. in any way aimed at inciting hatred against any ethnic, religious or other minority or otherwise prejudicial to any person, natural or group or legal person.

5.4. Prohibited Uses: The following uses of the Site and Services are expressly prohibited and you undertake not to carry out (or allow others to carry out) any of the following activities:

5.4.1. resell the Services or the Site;

5.4.2. provide false data including false names, addresses and contacts, fraudulently use credit / debit card numbers;

5.4.3. attempt to circumvent our security measures or breach our network, for example by accessing data not intended for you, by logging into a server or account to which you are not expressly authorized to access or probe the security of other networks (for example example via port scanning);

5.4.4. access the Service (or the Site) or carry out any other activity in such a way as to subject our infrastructure to an unreasonable or disproportionate workload or which in any case interrupts or interferes with its functionality, efficiency and operation;

5.4.5. carry out any form of network monitoring that intercepts data not intended for you;

5.4.6. send unsolicited e-mail messages, including the sending of "junk mail" or other advertising material to subjects who have not expressly requested them. You are expressly prohibited from sending large quantities of unsolicited mail messages ("bulk mail") in bulk, including sending bulk mails relating to commercial advertisements, promotional or informational announcements and political or religious censuses. These materials can only be sent to those who have expressly requested them. If a recipient requests to stop receiving e-mails of this nature, you will no longer be able to send any e-mails to that person;

5.4.7. create or continue "letter chains" or other "pyramid schemes" of any kind, regardless of whether or not the recipient wishes to receive such messages;

5.4.8. send disturbing e-mails, even by sending large quantities of e-mails to a user;

5.4.9. interacting or entering into agreements fraudulently with Us, a Seller or a Partner (including interacting or entering into agreements by claiming to do so in the name and on behalf of a third party when you do not have the authority to bind such third party or by misleadingly presenting yourself as a third party part);

5.4.10. use the Services or the Site (or any relevant functionality of either), in violation of this Agreement;

5.4.11. use the information contained in the header of e-mail messages in an unauthorized manner, or falsify such information;

5.4.12. engage in any illegal activity in connection with the use of the Services and / or the Site or a Coupon / Reward;

5.4.13. copy or use User Content for commercial purposes.

5.5. Devices: The Services and use of the Site do not include the provision of a computer or other device necessary to access the Site or the Services. To use the Site or the Services, you will need an adequate Internet connection. We will not be responsible for telephone charges, telecommunication charges or any other costs you may incur.

6.RULES OF USE OF THE SERVICES AND THE SITE

6.1. Errors and omissions: We are not responsible for any errors or omissions (e.g., posting a Reward of € 199 with a point value equivalent to € 1.99!) If we have complied with the standards set out in section 4 of this Agreement. We will use reasonable efforts to correct any errors or omissions as soon as possible after being notified. We reserve the right to change, modify, replace, suspend or remove, without notice, any Coupon, Item, Service or information on the Site or parts of the Services from time to time.

6.2. Viruses and the like: We do not warrant that the Services or the Site are free of viruses or any other harmful element that may have a harmful effect on any technological device.

6.3. Termination of Access: While we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, limited or terminated at any time. Access to the Site and / or the Services may also be occasionally limited to allow for repairs, maintenance or the introduction of new structures or services. We will try to restore access as quickly as possible. We also reserve the right to block access to any material and / or to modify or remove any material which, in our reasonable judgment, could result in a violation of this Agreement.

6.4. Account Termination: We reserve the right to terminate the Account of any user who violates our Terms and Conditions of Use, even if a user is found to be using proxy-type Internet Protocol (IP) addresses to attempt to hide the use of multiple accounts, or if a user pretends to be located in a country other than that in which he actually resides, or causes in any way disturbance to the functioning of the Site or the Service.

6.5. Multiple Accounts: If you use more than one Account, if we decide to take action against you, these actions will affect all of your Accounts.

7. SUSPENSION AND TERMINATION

7.1. If you use (or anyone else in your place and with your permission makes use of) the Services or the Site in violation of this Agreement, we may suspend, in whole or in part, your use of the Services and / or the Site.

7.2. If we suspend the Services or the Site, we may refuse to restore them until we have received reassurance from you, in a form we deem acceptable, that there will be no further violation of the provisions of this Agreement.

7.3. FB Innovation will fully cooperate with all competent authorities that request or order FB Innovation to disclose the identity or identify anyone who may have violated this Agreement.

7.4. Without prejudice to any other provision contained in this section 7, we are authorized at any time (in whole or in part) to: i) suspend the Services and / or the Site; ii) suspend your use of the Services and / or the Site; iii) suspend the use of the Services and / or the Site by persons who we believe are connected (in any way) to You; and / or (iv) terminate this Agreement immediately if:

7.4.1. commit any breach of this Agreement;

7.4.2. there are reasonable grounds to believe that you have committed, could commit or will commit a violation of this Agreement; or

7.4.3. there are reasonable grounds to believe that you have committed, could commit or will commit fraud against us or against any third party.

7.5. Subject to any other provisions contained in this section 7, we may terminate this Agreement at any time.

7.6. Termination of this Agreement shall not affect any other rights or remedies available to us in connection with any breach, or with respect to any rights, obligations, or liabilities that arose prior to termination.

8. PROTECTION OF PERSONAL DATA

8.1. We invite you to read our Privacy Policy and Cookie Policy (Cookies Policy) which form an integral part of this Agreement.

9. LINKs FROM AND TO OTHER WEBSITES

9.1. If the Site contains links to sites and resources provided by third parties (collectively the "Other Sites"), the links to such Other Sites are inserted exclusively to provide information and exclusively for your convenience. We have no control over the Other Sites, and assume no responsibility for the Other Sites or the content or products of the Other Sites (including in relation to social media sites such as Facebook) and assume no liability for any loss or damage. that may arise from their use. If you decide to access one of the third-party sites connected by links to the site, you assume the relative risk.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS 

10.1. FB Innovation grants you a limited, personal, non-transferable, non-exclusive and revocable license to access and use the Site pursuant to this Agreement and all other conditions and policies established by FB Innovation. All intellectual or industrial property rights (including copyrights, patents, trademarks, trade names, domain names, social media identifiers, designs, whether registered or not) of the Site and Services , (save section 11.4 below) the materials, information and content on the Site or used as part of the Services, any database managed by us, all design, text, graphics, software, photos, videos , music, sounds, data, and all software compilations, underlying source code and software (including applets and scripts), as well as related selection, coordination, organization and improvement, remain our property. (or that of our licensees). You will not be able to obtain, and must not attempt to obtain, any right to such property. All rights reserved.10.2.

10.2 No material among those listed in the previous section 11.1, in whole or in part, may be reproduced, distributed, copied, modified, published, downloaded, displayed, posted, performed or transmitted in any form and by any means, sold, rented, resold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written authorization of FB Innovation or its owner, except as expressly established by the applicable law. You can, however, retrieve and view the Content of the Site on your computer screen, store such content in electronic format (but not on a server or other storage device connected to a network). You may not reproduce, modify, copy, distribute, display, perform or use any of the materials, information or Content on the Site for any commercial purpose without our permission. If the downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, You may not attribute the authorship of the material to yourself and / or may not make changes or deletions of any attribution of authorship. You acknowledge that you do not acquire any proprietary rights by downloading copyrighted material. Any violation of these restrictions may result in a violation of copyright, trademark or other intellectual or industrial property right that could expose you to civil and / or criminal penalties. Furthermore, you may not make any use that exceeds or violates the provisions of this Agreement.

10.3. FB Innovation is the owner of trademarks, registered and unregistered, in many countries and "Pin Bike", the Pin Bike logos and related variations on the Site are trademarks owned by FB Innovation srl or its related entities and any use of these commercial brands will benefit FB Innovation.

10.4. The ownership, ownership rights and intellectual or industrial property rights relating to the Contents accessible through the Site and the Services are owned by the owner of the Contents and may be protected by copyright, trademark protection or other applicable laws. This Agreement gives you no rights with respect to such Content other than the licenses granted herein.

10.5. Except for User Content, the authors of the literary and artistic works on the pages of the Site have affirmed their right to be identified as the authors of such works.

10.6. Any material that you transmit or submit or post on the site (or otherwise to us) will be considered (and we may treat it) as non-confidential and not your property, subject to the application of section 3, our obligations under the legislation on the protection of personal data and save the data that you provide for the purpose of making a payment. If for some reason, any part of that statement does not work for legal reasons, then for what you provide us, from any source, (eg. Via email, the site or any other) you grant us a right of use. free, perpetual, irrevocable, assignable to third parties, total, transferable, non-exclusive, as well as the right to copy, modify, adapt, translate, publish, distribute, exhibit, and represent such materials anywhere in the world, and in any form, media or technology, known now or developed in the future, and to sublicense such rights through multiple levels of sublicensees, all without compensation to you, for the purpose of operating the Site and procuring the Services.

11. DISPOSIZIONI

This document may be subject to implementations and / or changes. The user will be promptly notified by email of the change and may decide to withdraw at any time by unsubscribing from the system.

Bari, 21/06/2018