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General Terms
& Conditions
General terms and conditions
By accessing Carlito's website and placing an order, you confirm that you agree to and are bound by the terms and conditions of service contained in the following terms and conditions. These terms and conditions apply to the entire website and any email or other form of communication between you and Carlito. In no event shall the Carlito team be liable for any direct, indirect, special, incidental, or consequential damages, including, without limitation, loss of data or profit, arising out of the use or inability to use the materials on this site, even if the Carlito team or an authorised representative has been advised of the possibility of such damages. If use of the materials on this website results in the need for servicing, repair or correction of equipment or data, you assume the cost thereof. Carlito is not liable for any consequences that may arise from the use of our resources. We reserve the right to change prices and revise the terms of use for the resources at any time.
Licence
Carlito grants you a revocable, non-exclusive, non-transferable, limited licence to download, install and use the App in accordance with the terms of this Agreement. These Terms and Conditions are an agreement between you and Carlito (referred to in these Terms and Conditions as "Carlito", "us", "we" or "our"), the provider of the Carlito website and the services accessible through the Carlito website (collectively referred to in these Terms and Conditions as the "Carlito Service"). You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Carlito Service. In these Terms and Conditions, the term "you" refers to both you as an individual and the company you represent. If you breach these Terms and Conditions, we reserve the right to terminate your account or block access to your account without notice.
Definitions and Key Terms
In order to explain things as clearly as possible in these Terms and Conditions, all terms referred to herein are defined precisely as:
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Cookie: small amount of data generated by a website and stored by your web browser. They are used to identify your browser, provide analytics and store information about you, such as your language preference or login details.
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Businesses: When this policy refers to "company", "we", "us" or "our", it refers to Concierge Hotel GmbH, Johann Kravoglstr. 20. 39012 Merano, ITALY, which is responsible for your data under these terms of use.
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Country: the country in which Carlito or the owners/founders of Carlito are based, in this case IT.
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Device: any device connected to the internet, such as a phone, tablet, computer or any other device with which you can visit Carlito and use the Services.
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Service: refers to the Service provided by Carlito as described in the relevant Terms (if available) and on this Platform.
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Third Party Services: refers to advertisers, competition sponsors, advertising and marketing partners and others who provide our content or whose products or services we think may be of interest to you.
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Website: Carlito's website, which can be accessed via this URL: www.Carlito-app.com
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You: a natural or legal person registered with Carlito to use the Services.
Restrictions
You agree not to and will not allow others to:
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License, sell, rent, lease, assign, distribute, transfer, host, outsource, disclose or otherwise commercially exploit the App or make the Platform available to any third party.
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Modify, create derivative works from, disassemble, decrypt, reverse compile or reverse engineer any part of the App.
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Remove, alter or obscure any proprietary notices (including copyright or trademark notices) of Carlito or its affiliates, partners, suppliers or licensors of the App.
Return and refund policy
Thank you for shopping with Carlito. We appreciate that you enjoy purchasing the products we make. We also want to ensure that you have a rewarding experience as you explore, evaluate and purchase our products. As with any shopping experience, certain terms and conditions apply to transactions at Carlito. We will be as brief as our lawyers allow. Most importantly, by placing an order or making a purchase at Carlito, you agree to be bound by Carlito's terms and conditions and privacy policy. If for any reason you are not satisfied with any of our goods or services, please do not hesitate to contact us and we will discuss any problems you may have with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") that you submit to Carlito with respect to the App will remain the sole and exclusive property of Carlito. Carlito is free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any manner without compensation to you.
Your consent
We have updated our Terms and Conditions to provide you with complete transparency about what information is collected when you visit our website and how it is used. By using our app, registering an account or making a purchase, you hereby agree to our Terms and Conditions.
Links to other websites
These Terms and Conditions apply to the Services only. The Services may contain links to other websites that are not operated or controlled by Carlito. We are not responsible for the content, accuracy or opinions expressed on such websites and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please note that our Terms and Conditions will cease to apply when you move from the Services to another website via a link. Your browsing and interaction on another website, including those that have a link on our Platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Carlito uses "cookies" to identify the areas of our website that you have visited. A cookie is a small piece of data that is stored by your web browser on your computer or mobile device. We use cookies to improve the performance and functionality of our app, but they are not essential to its use. However, without these cookies, certain features such as videos may not be available or you would have to enter your login details each time you visit the app as we would not be able to remember that you have previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the features of our website correctly or at all. We never store personally identifiable information in cookies.
Changes to our terms and conditions
You acknowledge and agree that Carlito may discontinue (permanently or temporarily) the provision of the Service (or features within the Service) to you or to users generally, in its sole discretion and without prior notice. You may discontinue use of the Service at any time. You do not need to expressly notify Carlito if you discontinue use of the Service. You acknowledge and agree that if Carlito disables access to your account, you may be prevented from accessing the Service, your account information, or any files or other materials in your account. If we decide to change our Terms of Service, we will post those changes on this page and/or update the Terms of Service change date below.
Changes to our App
Carlito reserves the right to modify, suspend or discontinue, temporarily or permanently, the App or any service with which it is associated, with or without notice and without liability to you.
Third Party Services
We may display, include or make available third-party content (including data, information, applications and other product services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Carlito assumes no responsibility for the Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or otherwise. Carlito does not assume any liability or responsibility to you or any other person or entity for the Third Party Services. The Third Party Services and the links to those services are provided to you merely as a convenience, and you access and use them solely at your own risk and subject to the terms and conditions of those third parties.
Term and Termination
This Agreement shall remain in effect until terminated by you or Carlito. Carlito may, in its sole discretion, suspend or terminate this Agreement at any time for any reason, with or without notice. This Agreement will terminate immediately and without prior notice from Carlito if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the App and all copies thereof from your computer. Upon termination of this Agreement, you must stop using the App and delete all copies of the App from your computer. Termination of this Agreement does not limit Carlito's rights or remedies if (during the term of this Agreement) you breach any of your obligations under this Agreement.
Notice of Copyright Infringement
If you are a copyright owner, or the agent of such an owner, and believe that material in our App infringes your copyright, please contact us with the following information: (a) a physical or electronic signature of the copyright owner or someone authorized to act on its behalf; (b) identification of the material that is allegedly infringing; (c) your contact information, including your address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notification is accurate and that you are authorized to act on the owner's behalf under penalty of perjury.
Indemnity
You agree to indemnify and hold Carlito and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, resulting from (a) use of the App; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No guarantees
The App is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects, without warranty of any kind. Carlito, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express, implied, statutory or otherwise, with respect to the App, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise in the course of dealing, performance, usage or trade practice. Without limiting the foregoing, Carlito does not warrant or undertake, and makes no representations whatsoever, that the App will meet your requirements, achieve the intended results, be compatible or interoperate with any other software, systems or services, operate without interruption, meet performance or reliability standards or be error-free, or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Carlito nor any Carlito Provider makes any express or implied representation or warranty of any kind: (i) with respect to the operation or availability of the App or the information, content and materials or products contained therein; (ii) that the App will be uninterrupted or error-free; (iii) with respect to the accuracy, reliability or timeliness of any information or content provided through the App; or (iv) that the App, its servers, content or emails sent by or on behalf of Carlito are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components. Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Not with standing any damages you may incur, the entire liability of Carlito and its suppliers under this Agreement and your exclusive remedy in all of the foregoing is limited to the amount you actually paid for the App. To the fullest extent permitted by law, in no event shall Carlito or its suppliers be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy, arising out of the use of or inability to use the App, any third party software and/or hardware used with the App, or otherwise in connection with any provision of this Agreement), even if Carlito or a supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability clause
If any provision of this agreement is found to be unenforceable or invalid, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall remain in full force and effect. This agreement, together with the Privacy Policy and all other legal notices published by Carlito on the Services, constitutes the entire agreement between you and Carlito regarding the Services. If any provision of this agreement is held by a competent court to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. A waiver of any provision of this agreement shall not be deemed a further or continuing waiver of such provision or any other provision, and Carlito's failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. YOU AND Carlito AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Unless otherwise provided herein, the failure to exercise or enforce any right or obligation under this Agreement shall not affect a party's ability to exercise or enforce such right or obligation at any time thereafter, nor shall a waiver of a breach be construed as a waiver of any subsequent breach. The failure or delay by either party to exercise a right or privilege under this Agreement shall not constitute a waiver of such right or privilege. Also, the one-time or partial exercise of a right or privilege under this Agreement shall not preclude further exercise of this or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.
Changes to this Agreement
Carlito reserves the right to modify or replace this agreement at any time at its sole discretion. If a modification is material, we will notify you at least 30 days before the new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our app after the modifications become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Carlito.
Entire Agreement
This Agreement constitutes the entire agreement between you and Carlito regarding the use of the app and supersedes all prior or contemporaneous written or oral agreements between you and Carlito. If you use or purchase other services from Carlito, additional terms may apply to you, which will be disclosed to you by Carlito at the time of use or purchase.
Updates to Our Terms
We may need to make changes to our service and policies, and it is possible that we may need to make changes to these terms to accurately reflect our service and policies. Unless otherwise required by law, we will notify you (such as through our service) before we make changes to these terms and give you an opportunity to review them before they go into effect. If you continue to use the service after that point, you are bound by the updated terms. If you do not want to agree to these or any updated terms, you can delete your account.
Intellectual Property
The app and all its contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Carlito, its licensors, or other providers of such material and are protected by IT and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws
Agreement for Mediation
This section applies to all disputes, EXCEPT FOR A DISPUTE RELATED TO CLAIMS FOR DAMAGES OR EQUALITY CLAIMS IN RELATION TO THE PERFORMANCE OR VALIDITY OF YOUR INTELLECTUAL PROPERTY RIGHTS OR THOSE OF CARLITO. The term "dispute" refers to all disputes, claims or other controversies between you and Carlito relating to the services or this agreement, regardless of whether they are based on a contract, warranty, tort, law, regulation, ordinance or other legal or equitable basis. The term "dispute" shall be given the broadest possible meaning allowed by law.
Notification in Case of Dispute
In the event of a dispute, you or Carlito must provide the other party with a notice of dispute. This is a written statement that includes the name, address, and contact information of the party submitting it, the facts that are the basis for the dispute, and the relief sought. You must send a dispute resolution notice by email to: hello [at] [Carlito-app.com]. Carlito will send you a dispute resolution notice by mail to your address, if available, or to your email address otherwise. You and Carlito will attempt to resolve all disputes within sixty (60) days of the date of the notice of dispute through informal negotiations. After sixty (60) days, you or Carlito may initiate arbitration.
Binding Mediation
If you and Carlito cannot resolve a dispute through informal negotiations, all further efforts to resolve the dispute will be conducted exclusively through binding arbitration as described in this section. You waive the right to have any dispute heard by a judge or jury (or to participate as a party or class member in any purported class action or representative proceeding). The dispute will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association for commercial arbitration. Any party may seek interim or preliminary relief from any court of competent jurisdiction as necessary to protect the rights or property of that party pending the completion of the arbitration. All costs, fees, and expenses, including attorneys' fees and costs, incurred by the prevailing party in any such arbitration, action, or proceeding, shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions are automatically non-confidential and non-proprietary and will become the sole property of Carlito without any compensation or recognition to you. Carlito and its affiliated companies have no obligations with respect to such submissions or posts and are free to use any ideas contained in such submissions or posts for any purpose and in any media indefinitely, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
Carlito may from time to time offer contests, promotions, sweepstakes or other activities ("Promotions") that require you to submit material or information about yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions based on age and geographic location. You are responsible for reading all rules for Promotions to determine whether or not you are eligible to participate. By participating in a Promotion, you agree to comply with and abide by all rules for the Promotion. Additional terms and conditions may apply to the purchase of goods or services through the services and are hereby incorporated by reference into this agreement.
Typographical errors
In the event that a product and/or service is listed with an incorrect price or incorrect information due to a typing error, we have the right to reject or cancel orders for the product and/or service listed with the incorrect price. We have the right to reject or cancel such an order regardless of whether the order has been confirmed and your credit card has been charged or not. If your credit card has already been charged for the purchase and your order is canceled, we will promptly credit your credit card account or other payment account for the amount of the charge.
Miscellaneous
If a competent court declares any provision or part of these General Terms and Conditions unenforceable for any reason, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. Waiver of any provision of these General Terms and Conditions shall be effective only if it is in writing and signed by an authorized representative of Carlito. Carlito is entitled to seek injunctive relief or other equitable relief (without the obligation to post a bond or security) in the event of your actual or anticipated breach. Carlito operates and controls the Carlito Service from its offices in IT. The Service is not intended for distribution to or use by natural or legal persons in jurisdictions or countries where such distribution or use would violate laws or regulations. Persons accessing the Carlito Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent and to the extent applicable. These General Terms and Conditions (which also include the Carlito Privacy Policy and are incorporated herein) constitute the entire agreement between you and Carlito regarding the subject matter of the contract and supersede all prior agreements; they may not be changed or modified by you. The section headings used in this Agreement are for convenience only and have no legal significance.
Disclaimer of Liability
Carlito is not responsible for content, codes or other inaccuracies. Carlito makes no warranties or guarantees. In no event shall Carlito be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from the use of the Service or the content of the Service, whether in an action of contract, negligence, or other tortious action. The Company reserves the right to supplement, delete or modify the content of the Service at any time and without prior notice. The Carlito Service and its contents are provided "as is" and "as available" without any express or implied warranty or representation of any kind. Carlito is a distributor and not a publisher of content provided by third parties; as such, Carlito exercises no editorial control over such content and makes no warranty or representation regarding the accuracy, reliability, or timeliness of any information, content, service or merchandise provided through the Carlito Service or accessible via the Carlito Service. Without limiting the foregoing, Carlito expressly disclaims all warranties and representations in connection with content provided through the Carlito Service or in connection with products provided as part of the Carlito Service or otherwise in connection with the Carlito Service, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights. Oral advice or written information provided by Carlito or one of its affiliated companies, employees, officers, directors, agents or the like, shall not create a warranty. Price and availability information are subject to change without notice. Without limiting the foregoing, Carlito does not warrant that the Carlito Service will be uninterrupted or error-free.
End User License Agreement
Updated on 2021-09-09
Carlito hereby grants you access to the website ("the Website") and invites you to purchase the services offered here.
Definitions and Key Terms
To explain things as clearly as possible in this EULA, all terms referred to in this EULA are defined as follows:
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Cookie: a small amount of data generated by a website and stored by your web browser. They are used to identify your browser, create analytics, and store information about you, such as your language preference or login information.
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Company: When this policy refers to "Company," "we," "us," or "our," it refers to the Concierge Hotel GmbH, Johann Kravoglstr. 20, 39012 Meran Italy, which is responsible for your data under this Privacy Policy.
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Country: the country in which Carlito or the owners/founders of Carlito are based, in this case, Italy
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Service: refers to the service provided by Carlito as described in the relevant terms (if any) and on this platform.
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Third-party services: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we believe may be of interest to you.
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You: a natural or legal person registered with Carlito for the use of the services.
This End User License Agreement (the "Agreement") is a binding agreement between you (End User", "you" or "your") and Carlito Hotel GmbH ("Company", "we", "us" or "our"). This Agreement governs the relationship between you and us and your use of Carlito. In this Agreement, the End User and the Company may each be referred to as a "Party" or collectively as the "Parties". If you are using the App on behalf of your employer or another legal entity (an "Organization") for whose benefit you are using the App or who owns or otherwise controls the means by which you access or use the App, then the terms "End User", "you" and "your" apply to you as an individual as well as to the Organization. If you use the App on behalf of an Organization or purchase a license for the App, you hereby confirm, represent, and warrant that you have the authority to 1) purchase a license for the App on behalf of the Organization; 2) bind the Organization to the terms of this Agreement. By downloading, installing, accessing, or using the App, you acknowledge: (a) that you have all necessary permissions and authorizations to access and use the App; (b) if you are using the App pursuant to a license acquired by an Organization, that you are authorized by that Organization to access and use the App; (c) that you have read and understood this Agreement; (d) that you are of sound mind and of legal age (18 years or older) to enter into a binding agreement; and (e) that you agree to the terms of this Agreement and agree to be bound by it. If you do not agree to these terms, do not download, install, access, or use the software. If you have already downloaded the software, delete it from your computer. The Application is licensed, not sold, to you by Carlito and may only be used in accordance with the terms of this Agreement.
License
Subject to the terms of this Agreement and any applicable terms of the License Agreement, Carlito grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install, and use the Software on one (1) computer device per single user license that you have purchased and received. If you have multiple computer devices on which you wish to use the Software, you agree to purchase a license for the number of devices you intend to use; (b) access, view, and use the end-user materials provided through or otherwise made accessible via the Software on such computer device, strictly in accordance with this Agreement and any other terms applicable to such end-user materials; (c) install and use the trial version of the Software on any number of computer devices for a trial period of fifteen (15) days following installation. (d) receive updates and new features that become available during a period of one (1) year from the date you purchased the license for the Software.
Limitations
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You agree that you will not allow others to:
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License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
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Modify, create derivative works, disassemble, decrypt, reverse engineer or attempt to reconstruct any part of the Application.
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Remove, alter or obscure any ownership notices (including copyright or trademark notices) of Carlito or its affiliates, partners, suppliers, or licensors of the Application.
Intellectual Property
All rights to intellectual property, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in the Application and all content and materials contained therein that are otherwise owned by Carlito, its suppliers or licensors, are and shall remain the exclusive property of Carlito (or its suppliers or licensors, as applicable). No provision of this Agreement grants you (or any organization) any license or ownership rights in any Intellectual Property Rights.
You agree that this Agreement grants you a limited license to use Intellectual Property Rights solely as part of the Application (and not independently) and only for the duration of the license granted to you herein. Accordingly, use of Intellectual Property Rights independent of the Application or outside the scope of this Agreement is deemed to be a violation of Intellectual Property Rights. However, this does not limit any claims that Carlito may have in case of breach of this Agreement if you violate any term of this Agreement. You are obligated to protect the entire Application (including all copies thereof) with utmost care from infringement, misappropriation, theft, misuse or unauthorized access. Unless expressly stated otherwise in this Agreement, Carlito retains all rights, titles and interests in and to the Application, including all copyrights and copyrightable subject matter, trademarks and trademarkable subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, whether registered or unregistered, granted or applied for or both, that now exist or that may hereafter come into existence, and that are related to the Application. You (or the organization, if applicable) retain ownership of all Intellectual Property Rights in any work product created by you using the Application.
Suggestions
All feedback, comments, ideas, improvements, or suggestions ("Suggestions") that you submit to Carlito regarding the Application shall remain the sole and exclusive property of Carlito. Carlito is free to use, copy, modify, publish, or otherwise distribute the Suggestions for any purpose and in any manner without any compensation to you.
Changes to the Application
Carlito reserves the right to temporarily or permanently modify, suspend, or discontinue the Application or any service associated with it, with or without notice and without liability to you.
Updates to the Application
Carlito may provide extensions or improvements to the features/functions of the Application from time to time, which may include patches, bug fixes, updates, upgrades, and other changes ("Updates"). Updates may change or delete certain features and/or functions of the Application. You agree that Carlito is not obligated to (i) provide you with Updates or (ii) continue to provide or activate certain features and/or functions of the Application. You also agree that all Updates (i) will be considered an integral part of the Application and (ii) are subject to the terms and conditions of this Agreement.
Third-Party Services
The Application may display, contain, or make available third-party content (including data, information, applications, and other product/services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Carlito has no responsibility for Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or other aspects. Carlito assumes no liability or responsibility to you or any other natural or legal person for Third-Party Services.
The Third-Party Services and links to those services are provided to you for convenience only, and you access and use them solely at your own risk and subject to the terms and conditions of those third parties.
If you have any questions, please do not hesitate to contact us:
By email: hello@carlito-app.com
By phone: +393275899888
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