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1. Introduction & Acceptance of Terms
Welcome to ViaWay. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User" or "you") and Mattia Zappa, owner of ViaWay ("Owner", "we"), an individual residing in Italy, reachable at [email protected]. By accessing or using the ViaWay mobile application (the "App"), you agree to be bound by these Terms. If you do not agree, please do not use the App.
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2. Eligibility & Account Registration
Minimum Age: You must be at least 16 years of age to create an account and use ViaWay.
Account Accuracy: You agree to provide accurate and complete information when creating an account. You are solely responsible for maintaining the confidentiality of your login credentials.
Individual Ownership: You acknowledge that ViaWay is owned and operated by a private individual, not a corporate entity.
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3. Description of Service & AI Disclaimer
ViaWay provides tools for manual trip planning and AI-assisted itinerary generation.
AI-Generated Content: You acknowledge that itineraries generated by AI are for informational purposes only. We do not guarantee the accuracy, safety, or availability of any locations, businesses, or routes suggested by the AI.
User Responsibility: You are solely responsible for verifying travel details (e.g., checking if a road is open, weather conditions, or if a business still exists) before acting on a generated plan.
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4. User Content & Social Interaction
Ownership: You retain ownership of the trips and photos you post. By making a post "Public" you grant ViaWay a non-exclusive, royalty-free, worldwide license to display and distribute that content to other users within the App.
Public Interaction: Users may "Like" and "Save" your public posts.
No Comments: To maintain a positive environment, ViaWay does not support user comments. You agree not to attempt to circumvent this by posting contact information or external links in trip descriptions to solicit off-platform interaction.
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5. Prohibited Conduct and Objectionable Content
You agree not to use the Services to post, upload, or share any "Objectionable Content." This includes, but is not limited to: content that is defamatory, harassing, threatening, hateful, discriminatory, or pornographic; content that promotes illegal acts; or content that violates the intellectual property rights of others.
We maintain a zero-tolerance policy regarding Objectionable Content. You specifically agree not to:
Objectionable Content: Post any material that is offensive, abusive, or harmful to others. We reserve the right to remove any such content and/or suspend your account within 24 hours of being notified of a violation.
Data Scraping: Use any automated system (bots, spiders, or scrapers) to harvest data, trip itineraries, or user information.
AI Misuse: Attempt to reverse-engineer the AI generation tools or use them to generate illegal or harmful content.
Impersonation: Create accounts for anyone other than yourself.
Spamming: Use the trip-sharing feature to post commercial advertisements or affiliate links.
Reporting and Blocking: You acknowledge that our Services include tools to report objectionable content and block users. We encourage users to use these features to maintain a safe environment. We will act upon reports of Objectionable Content within 24 hours of receipt.
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6. Advertisements & Third-Party Links
ViaWay is a free, ad-supported service.
Ad Content: The App may display advertisements and promotions.
Third-Party Websites: The App may contain links to third-party websites (e.g., booking sites, maps). We do not control these sites and are not responsible for their content or privacy practices. Your use of third-party links is at your own risk.
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7. Limitation of Liability (Limitazione di Responsabilità)
In accordance with Article 1229 of the Italian Civil Code:
"As Is" Service: ViaWay is provided "as is." We do not warrant that the App will be error-free or that AI suggestions will be accurate.
Travel Risks: We are not liable for any damages, injuries, or losses resulting from your reliance on trip plans provided by the AI or other users.
AI Hallucinations: You acknowledge that AI models may occasionally produce "hallucinations" (clinically incorrect or non-existent information). We are not responsible for any inconvenience or financial loss caused by reliance on incorrect AI suggestions (e.g., a suggested restaurant that has been closed for years).
Dolo e Colpa Grave: Our liability is limited to cases of willful misconduct (dolo) or gross negligence (colpa grave). We are not responsible for indirect or consequential losses.
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8. Termination of Account
We reserve the right to suspend or terminate your access to ViaWay at any time, without notice, if we believe you have violated these Terms, specifically regarding the age requirement or prohibited conduct.
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9. Governing Law & Jurisdiction (Legge Applicabile e Foro Competente)
Governing Law: These Terms are governed by and construed in accordance with the laws of Italy.
Dispute Resolution: Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts where the Owner resides. If you are a "Consumer" under the Italian Consumer Code (Codice del Consumo), the court of your place of residence or domicile shall have jurisdiction.