Terms and Conditions

Users who use the Services offered by pointsapp declare that they are aware of and accept these general terms of contract.

Owner of pointsapp and of its Services

Carlo Ciarrocchi

Via Siepe 21, 44123 Ferrara (FE), Italy

Italian tax code: CRRCRL74D11D548P

info@pointsapp.app

About pointsapp

The Service offered by the Owner consists in making available to the User a technological tool, based on web and mobile technologies, for the digitalisation of point-collection schemes at commercial businesses (hereinafter pointsapp).

Use of the pointsapp Services

The User is solely responsible for the use of the pointsapp Services, which is made at their own risk and falls entirely under their own responsibility. Any explanatory texts provided alongside the available Services in no case replace legal advice, nor do they replace the assistance or consultancy of a professional. Such texts are merely intended to make the Service easier to use and understand, are not exhaustive and may not suit the specific case. The Owner is a mere technical provider of the Services and may in no case be held liable for the use the User makes of them, nor in relation to the achievement of the purposes for which the Service is used.

Content provided by the User

Users are responsible for their own content and for third-party content that they share by uploading it, by entering content or in any other way. Users shall hold the Owner harmless from any liability in relation to the unlawful dissemination of third-party content or to the use of the Services in ways contrary to the law. The Owner does not carry out any form of moderation of content published by the User or by third parties, but undertakes to intervene following reports from Users or orders issued by public authorities in relation to content deemed offensive or unlawful.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary for the operation and maintenance of the Service.

Registration

In order to use the Service or part of it, Users must register, providing truthfully and completely all the data requested in the relevant registration form, and fully accept the privacy policy and these general terms. The User bears the burden of safeguarding their access credentials and keeping them confidential. It is understood that in no case may the Owner be held liable in the event of loss, disclosure, theft or unauthorised use by third parties, on any grounds whatsoever, of Users' access credentials.

Deletion and closure of the User's accounts

Registered Users may deactivate their accounts, request their deletion or stop using the Service at any time, through the pointsapp interface or by contacting the Owner directly. In the event of a breach of these Terms, the Owner reserves the right to suspend or close the User's account at any time and without notice.

The User's liability and obligations

It remains the User's exclusive responsibility to make their own activity compliant with the legislation applicable to it. Any reproduction in any form of the multimedia content or of the source code, where not authorised, shall be considered an infringement of the Owner's copyright.

Appointment of Carlo Ciarrocchi as data processor

In particular, the User who runs a commercial business acknowledges and accepts that, by using the Service, they instruct Carlo Ciarrocchi to process personal data as a “data processor” within the meaning of Article 28 of Regulation (EU) 2016/679. The conditions of that appointment are set out in a data processing agreement, which forms an integral part of these Terms and may be requested at any time by writing to info@pointsapp.app.

The Service is provided “as is”

The Service is provided by the Owner “as is”, without any express or implied warranty as to its accuracy or availability.

Interruption of the Service

The Owner reserves the right to add or remove functions or features, or to suspend or discontinue the provision of the Service entirely, either temporarily or permanently. In the event of permanent discontinuation, the Owner shall act as far as possible to allow Users to retrieve their information hosted by the Owner.

Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit any portion of pointsapp and its Services without the express permission of the Owner, granted either directly or through a specific reseller programme.

Indemnity

The User undertakes to hold the Owner harmless (as well as any companies controlled by or affiliated with the Owner, and its representatives, directors, agents, licensees, partners and employees) from any obligation or liability, including any legal costs incurred in mounting a defence in court, that may arise in respect of damage caused to other Users or to third parties in relation to content uploaded online, to the breach of the provisions of the law or of the terms of these conditions of service.

Prohibited use

The Service must be used in accordance with the provisions of the Terms. Users may not:

• reverse engineer, decompile, disassemble, modify or create derivative works based on pointsapp or on any portion of it;
• circumvent the computer systems used by pointsapp or by its licensors to protect the content accessible through it;
• copy, store, modify, change, prepare derivative works from or alter in any way any of the content provided by pointsapp;
• use any robot, spider, site search and/or retrieval application, or any other automatic device, process or means to access, retrieve, scrape or index any portion of pointsapp or of its content;
• rent, license or sublicense pointsapp;
• defame, offend, harass, engage in threatening practices, threaten or otherwise infringe the rights (such as the right to privacy and publicity) of others;
• disseminate or publish unlawful, obscene, illegitimate, defamatory or inappropriate content;
• use pointsapp in any other improper manner that breaches these Terms.

Privacy policy

For information on the use of personal data, Users should refer to the privacy policy.

Intellectual property rights

All trademarks of the Application, whether figurative or word marks, and all other signs, trade names, service marks, word marks, trade denominations, illustrations, images and logos appearing in relation to pointsapp are and remain the exclusive property of the Owner or of its licensors and are protected by the trademark laws in force and by the relevant international treaties.

Age requirements

Users declare that they are of age under the legislation applicable to them. Minors may use pointsapp only with the assistance of a parent or guardian. Under no circumstances may children under 13 use pointsapp.

Limitations of liability

pointsapp and all the functions accessible through it are made available to Users under the terms and conditions set out in the Contract, without any warranty, express or implied, other than those mandatory by law. In particular, no warranty is given as to the suitability of the services offered for the particular purposes the User has in mind. Use of pointsapp and of the functions accessible through it is made by Users at their own risk and under their own responsibility.

The Owner, within the limits of applicable law, is liable for contractual and non-contractual damage towards Users or third parties exclusively in cases of wilful misconduct or gross negligence, where such damage is an immediate and direct consequence of the activity of pointsapp. Therefore, the Owner shall not be liable for:

• any losses that are not a direct consequence of a breach of the Contract by the Owner;
• any loss of business opportunity and any other loss, including indirect loss, possibly suffered by the User (such as, by way of example and without limitation, business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, and so on);
• damage or losses arising from interruptions or malfunctions of pointsapp due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, beyond the Owner's control and outside its sphere of control, such as, by way of example and without limitation, faults or interruptions to telephone or power lines, to the internet network and/or in any case to other means of transmission, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications;
• incorrect or unsuitable use of pointsapp by Users or by third parties.

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time, giving notice to the User by publishing them within pointsapp.

Users who continue to use pointsapp after the changes have been published accept the new Terms without reservation.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations arising from the Terms, provided that the User's rights provided for herein are not prejudiced.

The User may not assign or transfer in any way their rights or obligations under the Terms without the written authorisation of the Owner.

Communications

All communications relating to pointsapp must be sent using the contact details indicated in the Contract.

Severability

Should any clause of the Terms be void, invalid or ineffective, that clause shall be struck out while the remaining clauses shall not be affected and shall remain fully effective.

Governing law and jurisdiction

These Terms and any dispute concerning the performance, interpretation and validity of this contract are subject to the law and the jurisdiction of the State, and to the exclusive jurisdiction of the court of the place where the Owner is based. An exception is made for the exclusive forum of the consumer, where the law so provides.

Online dispute resolution for consumers

Consumers resident in Europe should be aware that the European Commission has set up an online platform providing an alternative dispute resolution tool. This tool may be used by European consumers to resolve out of court any dispute relating to and/or arising from contracts for the sale of goods and services entered into online. Accordingly, if you are a European consumer, you may use that platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link.

The Owner is available to answer any question sent by email to the email address published in this document.

Definitions and legal references

Terms and Conditions (or Terms)

These general conditions of service, which constitute a legally binding agreement between the User and the Owner.

Service

The services offered by the Owner to the User through the points application and the related websites.

User

The natural or legal person who uses the Services, either as a customer collecting points or as the operator of a commercial business.

Last updated: 6 October 2026