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The following Terms of Use apply to the use of the mobile application stonewall available from the iTunes App Store and the associated website https://stonewall.phonetra.it (collectively, the "Offer").

Subscription Terms

Duration and price of each subscription are shown in stonewall's storefront, updated at the time of purchase. Payment will be charged to your iTunes Account at confirmation of purchase. Subscriptions automatically renew, unless auto-renew is turned off no later than 24 hours before the end of the current period. Your iTunes Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions and auto-renewal can be managed/turned off on the iTunes Account settings. Any unused portion of a free trial period is forfeited as soon as a subscription is purchased.

Subscriptions and automatic renewals can be managed or disabled in the iTunes account settings.

General Conditions

Each of the following subparagraphs shall apply only to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability in contracts, so the provisions of this section may not apply to you. The provisions of this section are not intended to limit any rights you may have, which may not be limited under applicable law.

Provision of the Services on an "AS IS" basis

Access to and use of the Services and Content is at your own risk. You acknowledge that the Services are provided to you without warranty or claim to completeness ("AS IS" and "AS AVAILABLE"). Without limiting the foregoing, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS.

We make no warranty and disclaim all responsibility and liability with respect to the following: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or Content; (ii) any damage to your computer systems, loss of data or other harm resulting from access to or use of the Services and Content; (iii) deletion, non-storage or non-transmission of any Content and other communications associated with the Services; and (iv) the fulfillment of your requirements and the uninterrupted, secure and error-free provision of the Services. Any information or advice given by us or through the Services, whether in writing or orally, does not constitute a warranty unless expressly set forth in these Terms.

Links

The Services may contain links to third-party websites or resources. You acknowledge that we are not responsible or liable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services provided through such websites or resources. Links to such websites or resources are not intended to imply that we endorse such websites or resources or the content, products or services available on them. You assume sole responsibility and all risks associated with the use of such websites or resources.

Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE STONEWALL LEGAL ENTITIES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND DO NOT GRANT PUNITIVE DAMAGES, NOR ARE THEY LIABLE FOR LOST PROFITS OR LOST SALES, whether direct or indirect, or for loss of data, loss of use, loss of goodwill or any other intangible losses, in the event that (i) such loss is attributable to access to or use of the Services, or (ii) such loss is caused by the use of the Services or by the use of the Services in any other way. (ii) THE CONDUCT OF ANY THIRD PARTY OR THE CONTENT PROVIDED BY YOU ON THE SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL, Nasty or Unlawful CONDUCT, (iii) TO WHICH CONTENT OBTAINED THROUGH THE SERVICES IS OBTAINED OR (iv) TO UNAUTHORIZED ACCESS, USE OR CHANGE OF THE CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES.

WHICHEVER IS GREATER, IN NO EVENT SHALL THE AGGREGATE LIABILITY EXCEED ONE HUNDRED US DOLLARS (USD 100.00) OR THE AMOUNT YOU MAY HAVE PAID TO STONEWALL IN THE PAST SIX MONTHS, IF ANY, FOR THE SERVICES TO WHICH THE CLAIM RELATES.

THE LIMITATIONS OF THIS SUBPARAGRAPH APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT IMAMAIPAPA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY SET FORTH HEREIN HAS FAILED TO ACHIEVE ITS INTENDED PURPOSE.

Waiver and partial invalidity

Our failure to enforce any right or provision hereof shall not be construed as a waiver of such right or provision. If any provision contained in these Terms of Use is held invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and the remaining provisions shall remain in full force and effect.

This version is automatically translated from the German version. In case of any doubts consult the German original.

Last updated 2020-03-23