TERMS AND CONDITIONS OF USE OF THE APP

Currently, access to the App and its use are subject to the completion of questionnaires submitted to the User, to allow the Owner to improve their technology and the quality of the service offered, in order to be able to release an improved version of the App.

1.    Definitions

For the purposes of these Terms and Conditions of Use, the following terms shall have the meanings described below, in the singular and in the plural:

a)       Account: indicates the personal profile created by the User to access the App and use its Features.

b)      App: indicates this mobile application, including its source code, its graphic interface, and all content provided by the Owner.

c)       Content: indicates, by way of example but not limited to, photographs, review texts, comments, and any other data or information uploaded, published, or shared by the User through the App.

d)      Features: indicates the set of functionalities offered by the Owner through the App, as exemplified in the following Art. 2.7.

e)       License: indicates the license to use the App issued to the User by the Owner, as governed by the Terms and Conditions of Use.

f)        Terms and Conditions of Use: indicates this contractual document, which generally governs the relationship between the Owner and the User and includes the License.

g)       Owner: indicates Simone Maldotti, tax code MLDSMN73E18E349O, who makes the App available to Users under the terms provided by the Terms and Conditions of Use.

h)      User: indicates the natural person who uses the App for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out, and is therefore classifiable as a consumer under applicable law.

 

2.    App License

 

2.1 The License is entered into between the Owner and the User in order to allow the latter to use the App.

 

2.2 To use the App, it is necessary to create an Account. Access to and use of the App are expressly subject to the acceptance of the Terms and Conditions of Use. The User is solely responsible for all activities carried out through their Account and undertakes to diligently safeguard their access credentials.

 

2.3 When the User registers for the App and accesses it, by clicking the "Accept" button or similar denominations, they confirm acceptance of the Terms and Conditions of Use, as well as full understanding of the provisions and terms contained therein.

 

2.4 The Owner grants the User only the non-exclusive right to use the App on the User's device. Any right to use the App is granted only under license and does not imply any ownership right or interest in relation to the same. This License has no territorial limits and remains valid until the cancellation of the Account.

 

2.5 All intellectual property rights relating to the App (including, among others, video materials, audio, computer codes, topics, derivative works, titles, slogans, concepts, illustrations, graphics, animations, sounds, musical compositions, audiovisual effects, text, displays, related documentation, and moral rights), any connected content, and ownership of any copy of the same belong to the Owner and/or their licensors.

 

2.6 The creation of an Account and the granting of the license to use the App is intended free of charge. Any cost associated with creating an Account and using the App (for example, the cost of the Internet provider) is borne by the User.

 

2.7 The App contains the following Features (N.B. the Features listed below might be implemented in the near future).

 

a)       Uploading of food product images by the User and relative indications.

This Feature is based on an artificial intelligence system and is designed to offer the User an indicative evaluation for purely informational purposes on the level of freshness of the food product contained in the image.

The App may provide indications on the product such as, by way of example, "very fresh," "fresh," or "dry," possibly accompanied by representative icons or clarifications associated with the output. For the output to be as accurate as possible, the images of the food product must be clearly visible, under adequate light and framing conditions. The User acknowledges and accepts that, for technical or qualitative reasons – including blurry images, unsuitable framing, poor lighting, or lack of visibility of relevant parts – the App may not be able to provide a correct output.

 

b)      Suggestions on alternative products, including advice on items with similar properties and organoleptic characteristics.

 

c)       Identification of points of sale or catering with availability of fresh food products in the vicinity of the User (subject to activation of geolocation).

 

d)      Insertion of reviews or comments on points of sale or catering.

3. Limitations and cancellation of the Account by the Owner

3.1. It is not permitted to sell, transfer – for consideration or free of charge – lease, rent, or sub-license, copy, publish, modify, update, adapt, or translate the App or parts of it. It is prohibited to use the App for marketing purposes or for promotional purposes, reproduce it, display it, perform it, or otherwise use it outside of what is provided in the Terms and Conditions of Use. It is prohibited to decode, decompile, or disassemble the App, create derivative products from the App or from its parts, or attempt to extract its source code. It is prohibited to (i) use tools to avoid, disable, or circumvent any encryption, security, or authentication mechanisms in the App; (ii) procure the App in a different way compared to the distribution methods authorized by the Owner; or (iii) use the App in a different way from the use intended by the Owner based on the Terms and Conditions of Use.

 

3.2 The Owner reserves the right to suspend or interrupt the User's access to the App immediately, promptly notifying the User, in the event that it detects indicators of abnormal activity, or has a founded suspicion of one or more violations by the User of the obligations provided at their charge in Art. 3.1 and/or the following Art. 6.

4. Updates and modifications

4.1 The Owner might provide updates or improvements to the App remotely. Some updates or improvements might be provided automatically without notice during the use of the App, and the User hereby gives their consent to such interventions. Updates or downloads of new versions of the App may be included, comprising security patches, new technologies, or renewed settings and features. These updates or improvements might affect the Features; the Owner assumes no responsibility in relation to such effects or any damage thus caused.

 

4.2 The App is released entirely free of charge; the Owner reserves the right to introduce costs for some or all of its Features at any time, as well as, in any case, to unilaterally modify the Terms and Conditions of Use. In such case, communication will be given to the Users, who may choose whether to accept the new Terms and Conditions of Use or whether to proceed with the cancellation of the Account.

5. Collection of information by the Owner

5.1 To allow the creation of the Account and the use of the App, the Owner collects information about the User, as well as data and information communicated by the User themselves. For more information in this regard, please refer to the Privacy Policy.

5.2 In order to allow the operation, maintenance, and continuous improvement of the Features (including, in particular, the training and refinement of the algorithms on which the artificial intelligence systems used are based), the Owner may use, reproduce, analyze, process, and store the Content, appropriately anonymized in order to exclude any link between the User and the Content itself. To this end, in particular, the User grants the Owner a worldwide, non-exclusive, perpetual, irrevocable, free, and sub-licensable license to use, reproduce, analyze, process, and store the images of food products uploaded by the User to the App.

6. Obligations, representations and warranties of the User

6.1 By using the App, the User declares to be of legal age, to be able to enter into a contract under the terms provided by the law of their jurisdiction, and accepts to be bound by the Terms and Conditions of Use. The User accepts the Terms and Conditions of Use on their own behalf and on behalf of anyone who has access to or uses their Account. The User is responsible as for their own act for the use of the App by anyone who has access to their Account.

 

6.2 The User undertakes to provide their personal data and to share Content correctly, completely, truthfully, and updated.

 

6.3 The User undertakes to carefully safeguard and keep confidential their authentication credentials, as well as to promptly inform the Owner of any unauthorized use of the Account.

 

6.4 By using the App, the User also undertakes to respect the following obligations, assuming full and exclusive responsibility in case of violation.

 

a)       Lawfulness of the photographic shot: it is the sole responsibility of the User to verify that they are entitled to take photographs and to upload images taken within commercial establishments or in other places. The User therefore undertakes to acquire any necessary authorization and to respect regulations, prohibitions, or limitations imposed by third parties, it being understood that the Owner cannot be held responsible for any violations committed by the User in this regard.

 

b)      Protection of third parties in photographs: it is expressly forbidden to upload to the App photographs in which people are recognizable or that otherwise contain personal data, even if consent has been obtained from the data subject for the use or dissemination of the image. The responsibility for uploading such images remains exclusively with the User.

 

c)       Responsibility for Content: the User undertakes not to upload Content that is illegal, inappropriate, harassing, false, defamatory, slanderous, offensive or that could otherwise contrast with any rights of the Owner or third parties. The User is the sole responsible for the Content they publish. Any reviews and comments must be truthful, pertinent, and written in moderate language, respecting the limits of the right of criticism, which require the truth of the historical fact, the public interest in information, and the formal correctness of expression. In relation to reviews and comments, the Owner does not carry out preventive control or active moderation; however, the Owner reserves the right to hide or remove Content that, based on any sample checks or upon reporting by other Users or third parties, may result, in the Owner's judgment, in violation of this paragraph.

 

d)      Personal and non-commercial use: the User undertakes to use the App exclusively for personal purposes and not for commercial, professional, promotional, or resale purposes.

 

6.5 The User acknowledges and expressly accepts that the Owner, while undertaking to provide a technologically valid tool and to employ the diligence required by the nature of the service, cannot guarantee the infallibility, full accuracy, or absolute truthfulness of the provided result. The App's outputs must therefore be considered automated estimates, purely indicative and not a substitute for professional evaluation, qualified health and safety advice, or the User's personal judgment, expressed also on the basis of further information and knowledge external to and independent of the App.

7. Owner's representations and warranties

7.1 The App is provided "as is" and the User agrees to use it at their own risk. To the maximum extent permitted by applicable law, the Owner disclaims all warranties, express or implied, regarding the App, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, data accuracy, and content integrity. The Owner does not warrant that the App will meet the User's requirements, that the operation of the App will be uninterrupted or error-free, nor that any defects in the App will be corrected.

 

7.2 To the extent permitted by law, and except in cases of willful misconduct or gross negligence, the Owner is not liable for direct and indirect, incidental or consequential damages arising from the possession, use, or malfunction of the App, including any damage to property, loss of goodwill, loss of profits, loss or damage to data or files, failures of consoles, computers or portable devices, errors and loss of commercial or other information following possession, failure or malfunction of computers or devices, or damages for personal injury.

 

7.3 The User acknowledges that the final responsibility for evaluating the quality and safety of a food product, as well as any decision to purchase, consume or not consume, rests entirely and exclusively on themselves. Therefore, to the extent permitted by law, the Owner cannot be held responsible for any damage, direct or indirect, resulting from decisions made by the User based on the purely indicative information provided by the App.

8. Indemnification

The User undertakes to indemnify and hold harmless the Owner, their successors and assigns, from any claim, penalty, request for compensation, cost or expense, of whatever nature, that may be made by third parties (including, by way of example, the owners of the reviewed points of sale or catering) due to the User's violation of the obligations under Arts. 6.1, 6.2, 6.3 and 6.4.

9. Transfer of the App

The Owner reserves the right to transfer to third parties the set of assets, rights and legal positions connected to the App's activity (including software, trademarks, data and contractual relationships), intended as a business or business unit, through operations such as, by way of example, merger, demerger, contribution or sale of a business.

In this case, the acquiring party will automatically succeed in the existing contractual relationships, which will continue without interruption under the same conditions. The User will be informed of the transfer and, if they object to the consequences thereof, they may proceed with the cancellation of the Account. The User acknowledges that the transfer operation referred to in this article will necessarily involve the transfer of their personal data to the acquiring party, who will assume the role of new Owner, also with respect to the privacy regulation profile. Data processing by the new Owner will take place for the same purposes for which it was originally collected and in compliance with the principle of contractual continuity. The new Owner will provide the User, without undue delay, with their own information notice pursuant to Arts. 13 and 14 of Regulation (EU) 2016/679. The User may at any time exercise the rights provided by current legislation on the protection of personal data against the new Owner.

10. Language, applicable law and jurisdiction

10.1 In case of interpretative conflicts, ambiguity or discrepancy between the texts of the Terms and Conditions of Use possibly drafted in different languages, the Italian language text shall prevail.

 

10.2 The contractual relationship between the Owner and the User is governed by Italian law, without prejudice to the application of mandatory consumer protection rules. The Terms and Conditions of Use refer, for what is not expressly provided, to the Italian Consumer Code (Legislative Decree 206/2005 and subsequent amendments). However, for Users residing outside of Italy, the rules provided by the law in force in their country of residence may apply, where they constitute mandatory protection rules.

 

10.3 Without prejudice to the application of mandatory rules for the protection of the User, any dispute relating to the application, execution, interpretation, or termination of the Terms and Conditions of Use, or otherwise inherent to the Terms and Conditions of Use, shall be submitted to Italian jurisdiction, and for such disputes the Court of the place of domicile or residence of the User shall be competent, if located in the territory of the Italian State.

11. Communications

11.1 For doubts, requests, needs, or for any matter connected to the Terms and Conditions of Use, the User may contact the Owner at the email address [privacy@senseefood.com].

 

 

 

I declare that I have read and specifically approve, pursuant to Articles 1341 and 1342 of the Italian Civil Code, the following clauses of the Terms and Conditions of Use:
3.2 (Suspension and interruption),
4.1 (Updates),
4.2 (Unilateral modification),
5.2 (Content License),
6 (User Obligations),
7 (Disclaimer and limitation of liability),
8 (Indemnification),
9 (Assignment of License).

 

PRIVACY POLICY

With this document, we provide all users of this application (“App”) with all useful information to illustrate the characteristics and methods of processing of personal data processed through the use of the App, in compliance with Regulation (EU) 2016/679 on the protection of personal data (GDPR) and Legislative Decree 101/2018 as subsequently amended and supplemented.

By installing the App, the user (“User” or “Data Subject”) consents to the collection and processing of the data indicated below, without prejudice to the fact that for certain processing operations a specific consent will be requested, as further explained below.

1. Data processed, purposes of processing, legal basis and nature of provision

Through the App, the Controller, as defined below, could process the following categories of data, for the purposes described below.

§   Personal data processed: identification data, e-mail address, authentication data such as provider ID (idpId).

§   Purposes: these data are necessary for the creation and management of your account and to allow you to use the App.

§   Legal basis: processing is necessary for the performance of a contract to which the Data Subject is party (Art. 6, par. 1, letter b of the GDPR).

§   Nature of provision: mandatory. Failure to provide these data prevents the use of the services offered by the App.

§  Personal data processed: account status (active/inactive), onboarding status, account deletion requests and related status.

• Purposes: user account management.
• Legal basis: processing is necessary for the performance of a contract to which the Data Subject is party (Art. 6, par. 1, letter b of the GDPR).
• Nature of provision: mandatory. Failure to provide these data prevents the use of the services offered by the App.

• Personal data processed: data relating to the geographic position of the User, collected also via GPS or automatic localization technologies.
• Purposes: these data are used to activate the functionality that allows the Controller to indicate to the User sales or catering points with availability of fresh products near them.
• Legal basis: consent of the Data Subject (Art. 6, par. 1, letter a of the GDPR).
• Nature of provision: optional. Lack of consent does not affect the use of other functionalities of the App.

• Personal data processed: identification data, sociodemographic data (e.g. age, profession, location, marital status, children), feedback and answers to questionnaires relating to satisfaction with the App.
• Purposes: these data are used in aggregated and anonymous form for statistical analysis aimed at understanding the use of the App and optimizing its performance and services.
• Legal basis: legitimate interest of the Controller to improve its technology and the quality of the service offered to its users (Art. 6, par. 1, letter f of the GDPR).
• Nature of provision: the User has the right to object at any time to this processing for reasons related to their particular situation.

• Personal data processed: e-mail address and, if provided, sociodemographic data for the personalization of offers.
• Purposes: sending newsletters, promotions, commercial communications and marketing campaigns on the services of the Controller.
• Legal basis: consent of the Data Subject (Art. 6, par. 1, letter a of the GDPR).
• Nature of Provision: optional. Lack of provision does not affect the use of the App's functionalities.

• Personal data processed: images uploaded by the User, which are rendered anonymous and stripped of identifying metadata before being used for this purpose.
• Purposes: use of images in anonymous form to train and improve the accuracy, reliability and performance of the AI algorithm underlying the service.
• Legal basis: legitimate interest of the Controller to improve its technology and the quality of the service offered to its Users (Art. 6, par. 1, letter f of the GDPR).
• Nature of provision: the User has the right to object at any time to this processing for reasons related to their particular situation.

• Personal data processed: navigation data, IP addresses, system logs.
• Purposes: ensuring the correct functioning of the App, protecting the technological infrastructure, preventing abuse, fraud or illegal activities and ascertaining any liability in the event of computer crimes.
• Legal basis: legitimate interest of the Controller (Art. 6, par. 1, letter f of the GDPR).
• Nature of provision: necessary, as processing is intrinsic to the secure operation of the App.

We point out that some computer systems used by the User, such as Apple Store or Google Play, may acquire certain data referring to Data Subjects, collected through the use of devices. In general, the information present in this document does not concern the processing of personal data that occurs as a result of the User's use of third-party software or services.

For more information on the processing and protection of personal data in this regard, we invite you to consult:

§  Apple's Privacy Policy

§  Google's Privacy Policy

2. Retention period

Your personal data are stored for a limited period of time, different depending on the purpose of the processing, in compliance with the principle of storage limitation referred to in Art. 5, par. 1, letter e) of the GDPR. At the end of this period, the data will be irreversibly deleted or rendered permanently anonymous.

Personal data necessary for the delivery of contractual services and for the management of your account (e-mail address, account status, etc.) will be processed for the entire duration of the contractual relationship, or until your account remains active.

In the event of account inactivity for a continuous period of 24 months, we will send you a communication to warn you of imminent deletion. In the absence of your intervention, the account and the data associated with it will be deleted.

Following a request for account deletion or its deactivation due to inactivity, the data strictly necessary to fulfill legal obligations, such as those of an administrative, accounting and fiscal nature, as well as for the establishment, exercise or defense of a right in court, may be kept for a period of 10 years from the termination of the contract, corresponding to the ordinary statute of limitations.

Data processed for marketing purposes (sending newsletters, promotions, etc.), collected on the basis of your specific consent, will be kept until the account is deleted or consent is withdrawn.

At the end of this period, the data will be automatically deleted and any further marketing activity will be interrupted, unless you express a new and specific consent.

The identification and sociodemographic data optionally provided for this purpose are subjected to a process of irreversible aggregation and anonymization. Once rendered anonymous, since they are no longer personal data, they are kept without time limits for aggregated statistical analysis.

The images uploaded by the User are subjected to a technical process of irreversible anonymization, which includes the removal of all metadata and the masking of any elements that may, even indirectly, lead to the identification of a person. This anonymization process occurs simultaneously with the uploading of the image, already on the User's device. Once the images have been rendered anonymous, they are no longer considered personal data under the GDPR and are kept for the time necessary to pursue the purposes of training and technological improvement of the algorithm.

Data relating to your geographical position, collected with your consent, are processed for the time strictly necessary to provide you with the relevant features and are not stored permanently in association with your account. Such data are deleted or rendered anonymous at the end of the usage session.

Navigation data and system logs are kept for a maximum period of 12 months in order to guarantee the security of the infrastructure, prevent illegal activities and for the eventual ascertainment of liability in the event of computer crimes, without prejudice to any further storage necessary following a specific request by the Judicial Authority or other competent authorities.

In any case, the possibility remains for the Controller to keep the data for a period longer than that provided for, in order to fulfill specific legal obligations or to protect its right in court, in compliance with the applicable statute of limitations.

3. Methods of data processing

Data processing takes place exclusively through computer tools, for the time strictly necessary to achieve the purposes for which the data were collected and, in any case, with the adoption of specific security measures aimed at avoiding any personal data breach, such as data loss, illicit or incorrect use and unauthorized access.

 

However, such measures, due to the nature of the online transmission medium, cannot limit or exclude in absolute terms any risk of unauthorized access or data leakage. Therefore, we recommend that you periodically check that your device is equipped with devices suitable for protecting the transmission of data over the network, both incoming and outgoing, and that the Internet service provider has adopted suitable measures for the security of data transmission over the network (e.g., firewalls and anti-spamming filters).

 

In addition, we recommend using a unique and strong password, carefully guarding access credentials and preventing third parties from accessing your account on the App or otherwise your device.

4. Categories of personal data recipients

The data will be processed by internal personnel of the Controller company, duly authorized for processing. In addition, we may communicate your personal data:

 

§   to third parties, such as third-party technical service providers, hosting providers, companies or professionals who perform computer services, legal consultants of the Controller, appointed from time to time, if necessary, data processors pursuant to Art. 4 n. 8 of the GDPR (which defines as “processor” the natural or legal person, public authority, service or other body that processes personal data on behalf of the data controller)

§   to subjects to whom the right to access the data is granted by law or regulations and other subjects provided for by law.

 

In any case, you can always ask us for the updated list of data processors.

5. Data transfer outside the EEA

The processing of personal data will take place on servers located within the European Union belonging to the Controller and/or third-party companies appointed and duly named as data processors.

 

Any transfer of data outside the European Economic Area or to an international organization will take place in compliance with the applicable legal provisions, for example on the basis of an adequacy decision by the European Commission or through the signing of Standard Contractual Clauses. In this case, the Controller will provide Data Subjects with any further information regarding the conditions set at the basis of the transfer.

6. Rights of the data subjects

You can exercise the rights listed below by addressing a specific request to the Controller at the contact data reported above. For a better understanding of your rights, we invite you in any case to consult in full Arts. 15 et seq. of the GDPR.

 

You may request confirmation as to whether or not personal data concerning you are being processed and, if so, obtain access to your personal data and further information related to the processing.

 

You may request the rectification or integration of the data provided or otherwise held by the Controller, if inaccurate or incomplete.

 

You may request that the data acquired or processed by the Controller be deleted without undue delay, if, alternatively:

§   they are no longer necessary for the purposes for which they were collected

§   consent has been withdrawn and there is no other legal basis for the processing

§   you have objected to the processing of your personal data

§   the data have been processed unlawfully

§   there is a legal obligation to erase them.

 

You may request the restriction of the processing of personal data when one of the following applies:

§   you contest the accuracy of your data, for the period necessary for the Controller to verify their accuracy

§   the processing is unlawful and you oppose the erasure of the data, requesting instead that their use be restricted

§   although the Controller no longer needs them for the purposes of the processing, the data are necessary for the establishment, exercise or defense of a legal claim

§   you have objected to the processing pursuant to Art. 21, par. 1, of the GDPR, pending verification as to whether the legitimate grounds of the Controller override your legitimate grounds.

 

You have the right to:

§   receive your data in a structured, commonly used and machine-readable format

§   have them transmitted directly from the Controller to another controller indicated by you, if technically feasible

§   transmit them to another controller without hindrance from the Controller.

 

You may object at any time, for reasons related to your particular situation, to the processing of your data carried out on the basis of Art. 6, par. 1, letter e) or f) of the GDPR, including profiling, based on these provisions.

 

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

 

You may withdraw consent at any time previously given to the Controller, without affecting the lawfulness of processing based on consent given before its withdrawal.

Lastly, we remind you that you have the right to lodge a complaint before the competent Supervisory Authority for the protection of personal data, which in Italy is the Garante per la Protezione dei Dati Personali.

7. Automated decision-making processes

The analyses carried out by the App via the AI algorithm could be qualified as fully automated decision-making processes, necessary for the performance of a contract between the Data Subject and the Controller. In accordance with Art. 22 of the GDPR, we guarantee you the right not to be subject to a decision based solely on such processing that produces legal effects concerning you or similarly significantly affects you. You have the right to obtain human intervention by the Controller, to express your point of view and to contest the automated decision, by contacting us at the address indicated above.

8. Policy updates

This policy may be subject to periodic updates. You will always find the most updated version in the relevant section of the App. In the event of substantial changes to the processing of your data, we will send you a specific communication.

9. Data Controller

The Data Controller is Simone Maldotti, tax code MLDSMN73E18E349O (“Controller”). You may contact the Controller for any information regarding the processing of your personal data or to exercise your rights by contacting him at the e-mail address [privacy@senseefood.com]

Please note that, in the future, the ownership of the processing could be transferred to another legal entity. Any such change will be communicated to you with adequate notice, in accordance with current legislation.

Last update: [17th December 2025]