Terms of use
Oli help app
Introduction
Welcome to the Oli help App Terms of Use.
These Terms of Use (the “Terms” or "Agreement") govern your access to and use of the Oli help mobile application (the "App" or "Oli help") . The App is operated by Oli help Srl ("us", "we", or "our").
For any questions or support related to these Terms or the Services, you can reach us by email at support@olihelp.com or by post at:
Oli help Srl
Via Giuseppe e Francesco Carlo Maggiolini, 2,
20122, Milano, IT.
Agreeing to our terms
Both Oli help Srl and the Customer are referred to individually as a "Party" and collectively as the "Parties."
By accessing or using the App, you ("you" or "User") agree to these terms and conditions. If you do not agree to these terms and conditions, you may not use the App. These terms and conditions are governed by our Privacy Policy (available here).
How you can use our services
If you choose to subscribe to and use the App, Oli help Srl grants you a licence to access and use the App, subject to and conditioned upon your compliance with this Agreement and any other rules and requirements communicated to you by Oli help Srl, including your payment of any applicable fees. You acknowledge and agree that Oli help Srl may modify, update, and otherwise change the App at any time and in its sole discretion.
You represent and warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement on your behalf or on behalf of any party you represent. You are solely responsible for your interactions and activities related to the App.
You shall not use the App for any purposes beyond the scope of the access granted in this Agreement.
You are prohibited from, at any time, directly or indirectly:
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Copying, modifying, creating derivative works from the App, in whole or in part
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Reverse engineering, disassembling, or otherwise attempting to extract source code from the App, in whole or in part.
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Using the App in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including but not limited to web scraping), or that otherwise violates any law, regulation, or other legal requirement.
Your purchase of the App is intended for personal, non-commercial use only and may not be resold without express authorization from Oli help Srl. We reserve the right to refuse or cancel your order if we suspect you are purchasing the App for resale.
Except for the limited licence to access the App identified above, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations, or applications anywhere in the world; (iii) trademarks, trademark registrations, service marks, logos, or applications therefore anywhere in the world; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
You acknowledge that the App may occasionally be inaccessible or inoperable due to (i) malfunctions, (ii) maintenance procedures which Oli help Srl may undertake from time to time without notice to you; or (iii) causes beyond our control or which are not reasonably foreseeable.
Notwithstanding anything to the contrary in this Agreement, Oli help Srl may temporarily suspend access to the App provided to you and any other third-party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate the Agreement.
Oli help Srl may from time to time and in its sole discretion engage other service providers to assist in the provision of the App, such as hosting providers, payment processors, and other third-parties. You shall abide by the terms of use and other requirements associated with the services provided by such third-parties in connection with the App.
Your responsibilities
You acknowledge that you are solely responsible and liable for your use of the App, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. You are further solely responsible for compliance with all applicable laws relating to your use of the App. You agree to use the App only for lawful purposes and conduct all activities in accordance with relevant laws and regulations.
You alone are responsible for ensuring and maintaining that you are able to access and use the App, including by securing your own compatible hardware, App, internet access, security measures, backup devices or services, and any other requirements. Oli help Srl is not responsible for providing additional software or hardware. You further agree that Oli help Srl shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the App, including any failure to provide adequate security or backup devices or services.
It is your responsibility to keep your account information, including contact and payment details, accurate and current. You must manage and safeguard your credentials (e.g., username and password) as confidential. You agree not to share these credentials or allow others to use your account. You must notify Oli help Srl immediately of any unauthorised use of your credentials or security breaches.
Oli help Srl shall make commercially reasonable efforts to provide adequate support services for the App. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the App.
Understanding memberships, payment and cancellations
Oli help offers several levels of access to our App’s content and functionalities in the form of recurring membership plans for our App, termed "Memberships." We may make changes to, suspend, or discontinue Memberships at any time for any reason, and Oli help Srl reserves the sole discretion to determine which Services or portions thereof require payment. Memberships auto-renew unless cancelled by you.
You are responsible for paying all fees associated with the Memberships you choose (“Fees”). This includes recurring membership fees, applicable taxes, and any other charges. All payments are processed through the app store’s native payment systems, subject to their respective terms. You must ensure that the payment method remains valid to avoid service interruption.
Fees may vary due to promotional offers, changes to your membership, or fluctuations in taxes or currency exchange rates. Individual discounts may not be combined or stacked with any other discount. All financial obligations continue through the termination or cancellation of this Agreement.
Memberships are offered on a monthly or annual basis (“Membership Term(s)”), as detailed when purchasing the Membership. Your Membership will auto-renew for additional Membership Terms until your Membership is cancelled by you, or suspended or terminated by Oli help Srl.
Memberships can be managed and cancelled at any time via the app store’s account settings, and will take effect at the end of the current paid period. Access continues until the end of the current term. Refunds are governed by the app store’s policy and are generally not provided by Oli help Srl except as required by law. In the event you cancel your Membership, note that we may still send you promotional communications, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
From time to time, we may offer free trials of certain Memberships for specified periods of time without payment. Prior to starting your free trial you will be notified of the applicable fees that will be charged at the expiration of your free trial. To avoid charges, ensure to cancel at least 24 hours before the trial ends, as per app store policies.
If a Membership is inactive for six months or longer, we reserve the right to cancel it. No refunds are provided for unused periods unless the membership was part of a free trial.
Oli help Srl reserves the right to adjust the Fees for our Memberships, or any features or parts of our Memberships, at any time. You acknowledge that Oli help may change the Fees for Membership at any time. In the event of such a change, Oli help will provide notice to you via the email address associated with your account at least thirty (30) days in advance of the effective date of the change. Your continued use of the App indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.
How we handle your personal data and communications
Oli help process Users' personal data in compliance with applicable privacy laws as defined in detail in the privacy policy (“Privacy Policy”) presented at the time of registration and which will always be available to the User in the settings and privacy area of the App.
Respecting intellectual property
All trademarks, logos, and service marks displayed on or through our App, including "Oli help," are trademarks of Oli help Srl or their respective owners. These trademarks and all associated intellectual property, including the app content, features, and underlying technology, are protected by intellectual property laws. The App may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any licence or right to use any Trademarks displayed in connection with the App without written consent from Oli help Srl.
All content provided in association with the App and this Agreement, including, but not limited to, the App, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other material (collectively, "Content") formatted, organised, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the App (“Copyrighted Works”), are exclusively owned, controlled, or licensed by Oli help Srl It is protected by intellectual property rights and unfair competition laws. You agree you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Oli help Srl.
If you provide any communications or materials to Oli help Srl by mail, email, telephone, or otherwise, suggesting or recommending changes to the App, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Oli help Srl is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback, as long as this Feedback does not contain any “personal data” as defined in Regulation (EU) 2016/679. Oli help Srl is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Oli help is not required to use any Feedback.
Oli help Srl respects the intellectual property rights of others and it is our policy to expeditiously process and review notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to support@olihelp.com, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorised to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit Oli help's administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number, and email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner of a copyright that is allegedly infringed.
Warranty disclaimer
The App, including all digital content and functionalities, is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind. Oli help Srl and its affiliates disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Oli help Srl does not guarantee that the App will be uninterrupted, secure, or free from errors or harmful components, nor does it guarantee compatibility with any hardware or other software.
This disclaimer does not cover any issues caused by conditions outside Oli help’s control, such as account suspensions caused by ongoing legal issues, hardware malfunctions, or unauthorised access to your account. No advice or information, whether oral or written, obtained by you from Oli help shall create any warranty not expressly stated in this Agreement.
Some jurisdictions do not allow exclusions of certain warranties or limitations on consumer statutory rights, so some exclusions and limitations in this section may not apply to you.
Limits on our liability
Oli help Srl, including its affiliates, officers, directors, employees, representatives, agents, partners, and licensors, shall not be liable for any damages of any kind arising from your use or inability to use the App This includes direct, indirect, incidental, special, consequential, or punitive damages such as personal injury, pain and suffering, emotional distress, loss of revenue, profits, business or anticipated savings, business interruption, loss of business opportunity, loss of data, and loss of goodwill, regardless of whether these damages result from tort (including negligence), breach of contract, or any other form of legal theory, even if previously advised of the possibility of such damages.
The limitations do not affect any liability which cannot be excluded or limited under applicable law. Where our liability cannot be lawfully excluded or limited, our total liability to you for any claims under these terms, whether in contract, tort, or otherwise, will not exceed €100.
Precautions and important safety information
Oli help is an app designed to support parents in managing children with Attention Deficit/Hyperactivity Disorder (ADHD) and other diverse behavioural traits. Oli help is intended to equip parents with the knowledge and tools needed to create a positive impact on the well-being of children and their families. It is primarily intended for informational and education purposes. It does not diagnose, treat, cure, or prevent ADHD or any other medical condition or disease.
OLI HELP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE.
THE APP AND ANY INFORMATION PROVIDED BY OLI HELP, INCLUDING TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS AND AUDIO-VISUAL CLIPS, SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. THIS INFORMATION SHOULD NOT SUBSTITUTE FOR A VISIT, CALL, OR CONSULTATION WITH MEDICAL PROFESSIONALS, NOR SHOULD IT BE CONSTRUED AS AN ENCOURAGEMENT TO DISREGARD PROFESSIONAL MEDICAL ADVICE. IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. DO NOT IGNORE OR DELAY OBTAINING MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH OUR APP..
SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCY SERVICES IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON THE APP. THE TRANSMISSION AND RECEIPT OF THE APP, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND OLI HELP.
The App may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Oli help with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Oli help Srl is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. In addition, you should be aware that your use of any third party site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. If a third party links to the App, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Oli help. Oli help Srl may not even be aware that a third party has linked to the Services.
Any other content not owned by Oli help Srl is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by Oli help with respect to the provider of such content. You further acknowledge and agree that Oli help Srl is not liable or responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any content provided by third parties including, without limitation, your reliance thereon. OLI HELP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY CONTENT.
You agree to indemnify, hold harmless, and defend Oli help Srl, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors, and assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out of or relating to (i) your use of the Services, including but not limited to anyone using your account or Credentials; (ii) breach of this Agreement by you or anyone using your account or Credentials; (iii) any information used, stored, or transmitted in connection with your account or Credentials; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account or Credentials; or (v) violation of any law, regulation, or other legal requirement.
Termination of this agreement
Oli help Srl may terminate this Agreement at any time for any reason with thirty (30) days' notice to you. Additionally, we may terminate the Agreement immediately for your material breach of this Agreement, except for non-payment of fees, or immediately for non-payment of fees.
You may terminate this Agreement at any time for any reason by providing thirty (30) days' notice to Oli help Srl through the designated contact methods.
The following sections will survive termination: Precautions, Intellectual Property Rights, Data and communications, Indemnification, Warranty disclaimer, Limitation of liability, and any accrued obligations and payment obligations.
Other important terms
You acknowledge that Oli help Srl has the right to monitor use of the App to ensure compliance with the Agreement.
No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision, or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
You may not assign this Agreement to any other party and any attempt to do so is void.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible, and the other provisions will remain fully effective and enforceable.
This Agreement constitutes the complete and exclusive statement of the agreement between you and Oli help Srl regarding the App, and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.
Governing law and dispute resolution
This Agreement and any dispute arising from the relationship between the parties shall be governed by and construed in accordance with the laws of Italy, specifically the forum of Milan, without regard to its conflict of law principles.
Both parties irrevocably consent to bring any action to enforce this Agreement in the courts located in Milan. The parties agree to the exclusive jurisdiction of these courts.
Before filing any formal legal claims, we encourage you to contact us directly to seek a resolution. You can reach us by sending an email to: support@olihelp.com.
If your issue cannot be resolved through informal discussions within 30 days from the date of the initial contact, either party may then proceed to formal dispute resolution.
If the dispute cannot be resolved through informal negotiation, the parties agree to participate in good faith in the mediation process, which shall be conducted by a mutually agreed upon mediator in the jurisdiction of Milan. The costs of any mediation shall be shared equally by the parties.
If mediation does not resolve the dispute, the parties agree that the dispute shall be resolved by binding arbitration in Milan, governed by Italian law, excluding its conflict of law principles. The arbitration shall be conducted in Italian and the decision of the arbitrator shall be final and binding on both parties.
You agree that any arbitration or court proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.
Updates to our terms and services
Oli help Srl reserves the right to update this Agreement and/or the Privacy Policy at any time and for any reason in its sole discretion by posting updated terms. Unless otherwise indicated by Oli help, any changes will become effective on a prospective basis from the date of posting. Oli help will notify you of any material changes to the Agreement or App. By continuing to access or use the App after we have provided you with notice of a modification, you are agreeing to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the App.
Oli help Srl and its third-party service providers may make improvements and/or changes in the App, features, and prices described at any time and for any reason in its sole discretion. The App may download and install upgrades, updates, and additional features in order to improve, enhance, and further develop it. Oli help Srl reserves the right at any time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that Oli help Srl shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.
These Terms of Use were last updated on 30.09.2024.