Terms and Conditions

These Terms of Use (the “Terms”) apply to access and use of our Platform, the mobile application “YouEver” (the “App”), our website (including but not limited to https://youever.ai), our blog, and all related services, features, materials, products (including digital products), and content made available for user use (collectively, the “Products”) provided by YOUEVER S.r.l., headquartered in Italy – with registered office in Naples, viale Antonio Gramsci n. 17/B, tax code and VAT number 10802131218, Certified Electronic Mail address (P.E.C.) youeversrl@pec.it (“we”, “us”, “our”, or the “Company”). If you have any questions about the Terms or our Product, please contact us at info@youever.ai.

A User is any person who accesses and uses the platform and the application. In particular: the Consumer User (B2C) is an individual of legal age who enters into a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity, if any.

The Business/Professional User (B2B): an adult individual or legal entity who enters into a contract for the purpose of carrying out their own entrepreneurial, commercial, artisanal, or professional activity.

Access to the Products, including for sales or payment processing, is provided via Stripe, which also stores the user's card data according to the procedures set out in paragraph 6, “Subscriptions.”

For purchases made via mobile through the App Store and Google Play, payment processing and data storage follow the rules and policies of the respective platforms.

These partners do not provide the Products, do not manage subscriptions, and are not responsible for the operation, support, or delivery of the Products. The user's contractual relationship is exclusively with YouEver s.r.l. The user's rights and obligations under these Terms remain the same regardless of the designated partner, and neither YouEver s.r.l. nor its partners shall be jointly liable for each other's obligations unless expressly stated in these Terms.

These Terms include: WARRANTY EXCLUSIONS: Section 10 contains disclaimers regarding warranties for our Products. LIMITATION OF LIABILITY: Section 11 outlines the limitations of our liability for damages or losses. It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Product, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you must not access or use our Product. Continued use of the Product constitutes ongoing acceptance of these Terms.

We may change, modify, or remove parts of these Terms at our sole discretion. In the event of changes to these Terms, we may publish the updated version within our Product and revise the “Effective Date” accordingly. At our discretion, we may also notify users of significant changes. If you do not agree with the updated Terms, you must stop using the Product, delete your account, or cancel your subscription before the Effective Date. Continued use of the Product after the implementation of changes constitutes your acceptance of the updated Terms. We encourage Users to regularly review these Terms for updates.

By using our Products, you acknowledge and accept the following disclaimers. For informational purposes only. Our Product, including all content, recommendations, reviews, and plans, is provided “as is” solely for general educational and informational purposes. We are not providers of personal care services or a funeral agency. All information provided, including product and service evaluations, should not be treated as professional advice. Personalized recommendations and results. While we strive to provide personalized advice based on onboarding information, these suggestions are not exhaustive and results may vary depending on individual circumstances. Accuracy. We do not guarantee the accuracy, completeness, or reliability of any information or third-party functionalities accessed through our Product. You must always verify the accuracy of all information obtained from third parties through our Product and consult a qualified professional, if needed, before making decisions regarding the services and products offered. Our platform/app offers insights based on the study of the products offered and does not evaluate or endorse specific brands or manufacturers of goods other than our own Products. Our assessments are for informational purposes only and do not intend to criticize, promote, or praise any company or goods. We are not responsible for the accuracy of product composition, as this remains the sole responsibility of the manufacturer. Conversations with an AI Assistant. Our Product includes an AI assistant and a chatbot that utilize OpenAI, ElevenLabs, and Hedra technology. The AI assistant is designed to provide only general guidance and informational support. However, generated outputs are automated and may occasionally contain inaccuracies, hallucinations, or misleading content. Sharing confidential, sensitive, or personal information with the AI assistant is strongly discouraged. The AI Assistant is not a licensed professional and does not provide professional advice. The information provided should not be considered a substitute for advice from qualified professionals. You agree to use the AI Assistant responsibly and refrain from generating or sharing illegal, harmful, misleading, harassing, deceptive, sexually explicit, violent content, or content promoting self-harm, spam, or malware. The AI Assistant must not be used to create or share Content or User-Generated Content (as defined below) that violates these Terms. To ensure a safer and more reliable user experience, we have implemented unique safety features and custom controls for our platform/app. However, users are solely responsible for evaluating and verifying the accuracy, completeness, and suitability of any information or recommendation before relying on it. Use of the AI Assistant is at your own discretion and risk, and you are advised to use caution and critical judgment in all interactions. We may process your interactions with the AI Assistant, including conversations, to improve and maintain our Product, enhance functionality, and develop new features. This may also involve ensuring compliance with applicable laws, enforcing our Terms and policies, and protecting the security and safety of our Platform/App. You acknowledge and agree that we are not liable to you or any third party for any claims, losses, liabilities, or damages, actual or alleged, arising directly or indirectly from the use, application, or interpretation of any information, Content, or User-Generated Content provided through the Product. By choosing to use or rely on such information, Content, or User-Generated Content, you do so voluntarily and assume full responsibility and risk.

Age limits. Our Product is intended for individuals who are at least 18 years old or the minimum age required by applicable law. We do not knowingly allow children to register or use our Product. If you become aware that a minor is using our Product in violation of these Terms, please contact us at info@youever.ai and we will take the necessary actions to resolve the issue. Access to the Product. To fully use and access our Product, you must create an account (“Account”). By doing so, you agree to provide accurate, up-to-date, and complete information and to promptly update any changes to your own or any third party information provided. You are responsible for ensuring that all activities carried out through your Account represent authentic use of the Product. You accept full responsibility for any actions or activities conducted with your Account, whether via your computer, mobile device, or other means. Your login credentials, including username and password, are strictly for personal use and must be kept secure and confidential. Sharing login credentials with others is expressly prohibited, and any violation of this obligation may result in the suspension or termination of the Account. If you suspect unauthorized access to your Account or any security breach, you must inform us immediately at https://youever.ai. If you wish to create an Account or use our Product on behalf of another individual or entity, you confirm that you have the authority to accept these Terms on their behalf.

General Information

Some features of the App/Platform are accessible exclusively through a subscription. We offer various subscription options, which may include, but are not limited to, weekly, monthly, and annual subscriptions. Subscriptions can also be purchased via the App Store, Google Play, or directly from our website using a credit/debit card, with payments processed via Stripe and relevant data stored. Please review the data management methods at: https://www.youever.ai/privacy-policy. We may also provide various offers and challenges at a discounted rate.

Trial Subscriptions

We offer a paid Legacy Subscription Plan and a Sparkle trial subscription. These Plans, both free and paid, grant temporary access to our App/Platform. The trial plan and its free nature will be explicitly stated during the payment process. If such is not communicated, the subscription purchase will proceed without any trial period. We reserve the right to limit the ability to participate in multiple free trials. Automatic conversion to a paid subscription: after 30 days of the Trial, if the user chooses a paid plan, they retain access to the chosen Plan. If no plan is selected, the account will automatically switch to the free Sparkle plan, where memorials will remain visible (read-only) at no cost. You may exercise your right of withdrawal at any time and cancel your subscription at any time as outlined here.

Specifically:

Free Subscription upon Activation (Sparkle)

Duration: 30 days from activation. During the period of validity of this subscription, the user may: (i) choose a paid subscription, which will activate at the end of the free period; (ii) exercise the right of withdrawal at any time; (iii) cancel their subscription at any time.

At the end of the period, without specific action by the user, the plan will remain free but as a basic (Sparkle) plan—created memorials will remain visible as “read-only,” while all interactive functions will be suspended and reactivated only following a paid subscription, or terminated due to withdrawal/cancellation.

Amount: no cost.

Notifications: systematic notifications and alerts will be sent if conditions change before the end of the terms.

Privacy requirements: for full management of personal data and the exercise of rights provided by the GDPR (e.g., access, correction, deletion, portability), please refer to our Privacy Policy and Cookie Policy, available at https://www.youever.ai/privacy-policy. You may contact the Data Controller (YOUEVER S.r.l.) regarding privacy at privacy@youeversrl.com.

Features: for the first 30 days, the features of the “Legacy” subscription are active, specifically: (i) create and customize commemorative spaces; (ii) upload photos, videos, and messages; (iii) try interactive tools like Memory Chat and Living Portrait; (iv) share moments with loved ones and access marketplace features. From day 31: (i) create a commemorative space with unlimited download of media content (for a loved one; Living Memorial requires at least a Presence plan); (ii) browse commemorative care services in the marketplace (read-only); (iii) share a brief biography and main life moments on a personal timeline; (iv) light virtual candles and send digital flowers; (v) possibility to add a physical burial location on the map and write digital location notes (one pin per memorial).

Presence Subscription

Duration: automatically renews based on the billing cycle selected during purchase, with the possibility to withdraw or cancel at any time as per Section 6.

Amount: €9.99 with the frequency indicated during the purchase process and communicated before payment confirmation.

Notifications: systematic notifications and alerts will be sent if terms change before the end of the billing period.

Privacy requirements: for full management of personal data and the exercise of rights provided by the GDPR (e.g., access, correction, deletion, portability), please refer to our Privacy Policy and Cookie Policy, available at https://www.youever.ai/privacy-policy. You may contact the Data Controller (YOUEVER S.r.l.) regarding privacy at privacy@youeversrl.com.

Features: includes the features in Sparkle plus: (i) creation of up to five commemorative spaces with unlimited media downloads (including a Living Memorial for oneself or those preparing their own legacy); (ii) ability to listen to life stories narrated with an AI-generated familiar voice from recordings or chosen tone; (iii) access to real-world marketplace services (fresh flower delivery, memorial maintenance, and keepsake creation); (iv) AI assistant for memory writing (biography, obituary, tributes); (v) creation of a future memorial for the user, with options for personal messages, event preferences, and special wishes.

Premium Subscription (Legacy)

Duration: automatic renewal based on the billing cycle indicated during purchase, with the option to withdraw or cancel at any time.

Amount: €19.99, with period and confirmation provided prior to payment completion.

Notifications: systematic notifications and alerts will be sent if terms change before the end of the period.

Privacy requirements: for full management of personal data and the exercise of rights provided by the GDPR (e.g., access, correction, deletion, portability), please refer to our Privacy Policy and Cookie Policy, available at https://www.youever.ai/privacy-policy. You may contact the Data Controller (YOUEVER S.r.l.) regarding privacy at privacy@youeversrl.com.

Features: (i) unlimited commemorative spaces with unlimited media downloads; (ii) Memory Chat, an interactive conversational diary; (iii) Living Portrait with voice, an animated portrait that speaks based on a personal photo; (iv) Certificate of Eternity, a blockchain-based guarantee ensuring memorial protection and unalterability; (v) priority customer support (coming soon) and early access to new features.

General Notes

• • Content created during the free trial period remains archived and visible, but is not editable or deletable (read-only), if the user switches to Sparkle (free).
• • Interactive features (AI Writing Assistant, Memory Chat, Living Portrait, purchases) are active only with a paid plan and during the trial period.
• • If a trustee manages one or more memorials and has a free subscription, the memorial remains read-only until a paid subscription is chosen.
• • Life stories narrated with a familiar voice are unlimited during the marketing period, up until the conclusion of user behavior tests.
• • Technical or fair use limits may apply based on file size and traffic.

Subscription terms and renewals

When you subscribe, your plan will renew automatically at the end of each billing cycle (weekly, monthly, annual, or as selected). Actions to avoid auto-renewal: The User must cancel the subscription at least 24 hours before the current subscription period ends. Price changes: We reserve the right to change subscription fees at any time to the maximum extent permitted by applicable law. We may provide advance notice of subscription fee changes, and the updated subscription fee will apply to the next billing cycle. Updated subscription fees will become effective at the start of the subscription period following implementation of the change. By continuing to use the subscription after updated prices take effect, the user accepts the new subscription fees. If you do not accept the changes to subscription fees, you can cancel the subscription at least 24 hours before the end of the current subscription period to avoid further charges. Promotions: We may offer promotional discounts. Such discounts apply only to the initial payment and do not affect future renewal charges. Unconditional subscription to future commitments. By subscribing, you agree your purchase is not contingent on future features, updates, or enhancements, nor on any promises made by us.

Billing

Payment authorization: The user authorizes us to charge the provided payment method at checkout or after any trial period. Payment options include credit/debit cards, Apple Pay, Google Pay, etc. If you purchase a subscription via App Store or Google Play, payment will be charged to your credit/debit card through your respective account upon subscription confirmation. Alternatively, if subscribing via our websites, payment will be processed via credit/debit card and processed by Stripe (see https://stripe.com/privacy for details on data collection and storage) once a subscription is selected and purchase confirmed. Non-refundable transactions: Except as otherwise required by law or provided by these Terms, all payments are final, non-refundable, and non-transferable. Validation charge: A small, temporary validation charge might be applied to verify the validity of your payment method. This charge will be immediately refunded.

Refunds

Refund eligibility depends on the platform used for purchase and is subject to specific conditions, as described below. Refunds are not guaranteed and are assessed on a case-by-case basis in accordance with applicable laws and these Terms and Conditions. Website Purchases: Refunds for subscriptions purchased directly through our website are limited and may only be granted in specific cases, such as where required by law (e.g., legal cooling-off periods) or confirmed technical bugs. Confirmed technical bugs: If a verifiable and confirmed technical bug prevents proper product use, a refund request may be considered. To determine if an issue qualifies as a bug, you must provide us with all required technical details. Only after we review the information and confirm the issue is a bug that materially impacts product functionality will a refund be considered. Purchases on the App Store or Google Play: If you purchased via the Apple App Store or Google Play, refund requests must be directed to the respective platform, which independently manages all billing and refund decisions. Withdrawal: The user may cancel a subscription by exercising the right of withdrawal until midnight of the fourteenth business day following the purchase date and receive a full refund, provided there has been no breach of these Terms.

Cancellation policy

To avoid auto-renewal and charges for the next subscription period, you must cancel the subscription before the end of the current period. Important note: uninstalling the app does not automatically cancel the subscription. To stop recurring charges, you must actively cancel auto-renewal through your account settings. For subscriptions on the website: (to be filled in with operational instructions for cancelling the subscription)

1. Cancel the subscription purchased on our website via your account:

• • Go to your account settings.
• • Go to the 'Subscriptions' section.
• • Click 'Cancel subscription' next to the active plan.

2. Cancel the subscription purchased on our website by submitting a cancellation request through the contact form

For App Store purchases: if you subscribed or started a trial via the App Store, manage your subscription settings within your Apple account. Ensure cancellation is completed at least 24 hours before the end of the trial or current subscription period. For more information, visit Apple's support page about managing subscriptions. For Google Play purchases: if you subscribed or started a trial via Google Play, manage your subscription settings in your Google Account. Cancellation must occur at least 24 hours before the end of the trial or active subscription period. Learn more about managing subscriptions on Google's help page.

Offers

From time to time, we may offer various deals. If you purchased a subscription through our websites in combination with a promotional offer (referred to as a “Promotional Offer”), you may be eligible for a refund provided all the conditions described in the relevant Promotional Offer are fully met.

Representations and Warranties. By accessing or using the Product, you represent, warrant, and agree that:

• 1. You have the legal capacity to enter into these Terms and fully commit to complying with them.
• 2. You are at least 18 years old or the legal age of majority in your jurisdiction, if higher.
• 3. All information you provide to us in connection with the use of the Product is truthful, accurate, and complete.
• 4. You will not use the Product for illegal or unauthorized purposes and will ensure that your use complies with all applicable laws and regulations, including those of your jurisdiction.
• 5. You will not misuse the Product or any content published by us or third parties.
• 6. You are not listed on any government lists of prohibited, restricted, or barred parties of any kind.
• 7. You are not an individual nor associated with any entity identified under Anti-Mafia legislation or any equivalent legislation or under anti-money laundering legislation or any equivalent.
• 8. You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States, United Kingdom, and any other relevant jurisdiction. This includes restrictions on the transfer of goods, software (including the Product), technology, and services.
• 9. The availability and functionality of the App depend on the third-party platform from which you downloaded it (for example, the Apple App Store or the Google Play Store, collectively, “App Store”). You agree to pay all applicable fees required by the App Store and to abide by its terms, conditions, and policies. The App Stores and their affiliates are third-party beneficiaries of these Terms and may enforce them as necessary to protect their rights.

Permitted Use of the Product. We allow you to use the Product exclusively for your personal and business purposes, as intended and defined by us. Any use of the Product for unauthorized activities or for any purpose not expressly authorized or approved by us is strictly prohibited. Prohibited Use of the Product by the User. You agree not to use the Product, directly or indirectly, for illegal or unauthorized purposes or in a way that violates these Terms, including but not limited to:

• i. developing, managing, or assisting in the development or operation of any product, service, or software that competes with or substitutes for the Product;
• ii. engaging in activities that could damage, disable, overload, or impair the functionality of the Product or its underlying systems, or interfere with another user's access to or enjoyment of the Product;
• iii. conducting fraudulent, deceptive, or harmful activities, including uploading or distributing viruses, worms, trojans, or other malicious code designed to disrupt or damage the Product, its users, or third parties;
• iv. copying, adapting, altering, modifying, translating, or creating derivative works based on the Product or any part thereof, without our prior written authorization;
• v. engaging in unauthorized framing or linking to the Product, or embedding it within another product without our permission;
• vi. reverse engineering, decompiling, disassembling, or otherwise attempting to extract the source code or underlying ideas from the Product, except as explicitly permitted by applicable law;
• vii. attempting to circumvent, disable, or interfere with the security features or technological protections of the Product;
• viii. removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained in the Product;
• ix. using the Product for revenue-generating, commercial, or promotional purposes without our express written approval;
• x. using the Product or any data, Content, user-generated Content, or functionality of the Product to diagnose, treat, cure, or mitigate any health condition or medical issue without our express written approval;
• xi. sharing, sublicensing, assigning, selling, leasing, renting, or otherwise transferring your access to the Product, its Content, or user-generated Content to others without authorization;
• xii. posting, uploading, or distributing user-generated Content that is illegal, harmful, defamatory, obscene, violent, hateful, harassing, or otherwise objectionable, as determined by us at our sole discretion;
• xiii. uploading or transmitting user-generated Content that infringes the intellectual property rights, privacy, or other rights of third parties;
• xiv. uploading user-generated Content containing malware, corrupted files, or other harmful elements that may damage or disrupt the Product or its users;
• xv. conducting, facilitating, authorizing, or permitting any text or data mining or web scraping activities in relation to our Product. This prohibition includes, but is not limited to, the use of any automated tool, including “robots”, “bots”, “spiders”, “scrapers”, or similar programs, algorithms, or processes to: (i) access, obtain, copy, monitor, or republish any part of the website, its content, data, or the Product; or (ii) analyze texts or data in digital format to derive patterns, trends, correlations, or other information. This clause expressly reserves our rights regarding text and data mining or web scraping. Where applicable law prevents us from limiting or excluding such activities by contract, this clause applies only to the extent permitted by law.

Notifications. The App requests authorization to receive push notifications only at the time of first installation or first use. This authorization is not requested repeatedly. You can always change your preferences through your device settings.

Right to refuse or terminate access. If the information you provide is found to be false, inaccurate, outdated, or incomplete, or if you violate these Terms, we reserve the right to immediately suspend or terminate your access to the Product, including any current or future subscriptions, without notice or liability.

Content. All text, images, graphics, drawings, icons, trademarks, logos, data, software, and other information displayed or used for the operation of the Product (collectively, "Content"), excluding user-generated content, are owned by us or third parties. All rights related to the Product and its Content are reserved to us, unless expressly granted to the user under these Terms. No additional rights, explicit or implied, are conferred. Except as expressly permitted in these Terms, you may not copy, modify, store, distribute, reproduce, create derivative works from, decode, decompile, attempt to discover the source code of any part of the Product or Content, or otherwise exploit the Content or any part of the Product. The provision of the Product does not transfer or assign any right, title, or interest in the Content to you or to third parties. Any use of our software, trademarks, Product marks, trade names, logos, domain names, or other brand features or proprietary content requires our prior written consent. License. Provided you comply with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Product solely for personal and non-commercial purposes. This license is granted solely to allow you to access and use the Product as intended and allowed by these Terms. You are not granted any rights or licenses except as expressly stated in these Terms. If you use features or upload content to the Product, you grant us a revocable, non-exclusive, and transferable license to use such content for the purpose of improving and operating the Product. You may revoke this license at any time by contacting us at info@youever.ai, after which we will delete your content as requested.

You retain all rights, title, and interest in any user-generated content you publish, share, or record through the Product. User-generated content includes, but is not limited to, text, graphics, messages, comments, suggestions, photos, videos, reviews, or other materials uploaded, sent, or transmitted through the Product. We are not responsible for the accuracy, quality, or legality of user-generated content posted by users. Interactions between you and other users are solely your responsibility. We do not assume any liability for disputes, damages, or losses resulting from these interactions. We may, at our discretion, remove user-generated content without notice and are not obliged to retain or restore removed user-generated content, nor are we liable for any loss caused by its removal. User Acknowledgment Regarding User-Generated Content. You acknowledge that your relationship with us is not confidential, fiduciary, or otherwise special, and that submitting user-generated content creates no obligation for us beyond those outlined in these Terms, the Privacy Policy, or your selected privacy settings. User-generated content provided by you is not subject to any confidentiality obligation on our part, and we are not responsible for the use or disclosure of such user-generated content except as specified in our Terms, Privacy Policy, or your privacy preferences. License Grant. By providing user-generated content through the Product, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, adapt, translate, reformat, display, distribute, create derivative works from, and otherwise exploit the user-generated content and your name, username, and image in connection with the operation, improvement, and promotion of the Product. Personal data, as defined by applicable privacy laws and regulations, is expressly excluded from the scope of the license granted by you under these Terms. If you wish to revoke the license for specific user-generated content, you may contact us at info@youever.ai. Upon receipt of your request, we will take reasonable steps to remove and cease use of the specified user-generated content, in compliance with applicable laws and technical limitations. The Company may retain copies of user-generated content for reasons reasonably necessary for the operation of the Product, as permitted by these Terms and our Privacy Policy.

General Disclaimer. The Product, including the App and all related Content, features, and functionalities, is provided "as is" and "as available," without any representations, warranties, or guarantees of any kind, either express or implied. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• 1. Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• 2. Warranties arising from performance, trade, or usage;
• 3. Warranties regarding the accuracy, reliability, or availability of third-party goods.

We and our directors, employees, agents, representatives, and suppliers do not warrant that:

• i. The Product will be secure, uninterrupted, error-free, or available at any specific time or location;
• ii. Any defects or errors will be corrected;
• iii. The Product or its content will be free of viruses, malware, or other harmful components;
• iv. Your use of the Product will meet your expectations;
• v. Content or communications provided by third parties or users through the Product will be accurate, reliable, or complete.

Your use of the Product is entirely at your own risk. We reserve the right, at our sole discretion, to modify, update, suspend, or discontinue the Product or any part of it at any time without notice. We are not responsible for any interruptions or losses arising from such actions. Additionally, we have no obligation to review or monitor any Content or user-generated Content and do not guarantee that any Content or user-generated Content available on the Product will be suitable for all users or remain available for any specific period. Some features, Content, or user-generated Content may not be available in your region and may vary depending on jurisdiction. The Product is not intended to provide financial, medical, legal, or other advice. All information provided through the Product is for informational purposes only and should not be considered a substitute for professional advice. You are solely responsible for your interactions with other users and any reliance on Content or user-generated Content accessed through the Product. We disclaim all liability for disputes, damages, or losses arising from such interactions. Outputs from our AI Assistant are used at your sole risk. They should not be considered the only source of accurate information or a substitute for professional advice. Consumer Rights. For consumers in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Product will comply with the special legislation protecting consumers and the description, functionality, and performance agreed at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU law, and you are responsible for promptly installing such updates. Failure to install updates may affect the Product's performance and we are not responsible for any resulting issues. If the Product does not conform to these Terms, you have the right to request the correction of the defect within a reasonable period or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally provided duration pursuant to EU data protection and consumer protection laws. Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations set forth in these Terms will apply to the maximum extent permitted by law.

To the maximum extent permitted by law, we, including our officers, directors, agents, affiliates, employees, representatives, suppliers, partners, advertisers, and data providers, shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, use, data, or goodwill. These exclusions apply regardless of whether liability is based on contract, tort (including negligence), equity, statute, or any other legal theory, even if we have been advised of the possibility of such damages. Our total aggregate liability to you for all claims arising from or relating to these Terms or your use of the Product will not exceed the total amount of fees that you have actually paid to us for use of the Product in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms will exclude or limit our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. These limitations are subject to jurisdictional variations and certain jurisdictions may not allow some exclusions or limitations of liability. In such cases, the exclusions and limitations set forth in these Terms will apply to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold us harmless, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensees and representatives (collectively, the “Indemnified Parties”), from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from or related to:

• 1. Your use or misuse of the Product or user-generated content;
• 2. Your violation of these Terms or any applicable law or regulation;
• 3. Your violation of the rights of third parties, including intellectual property rights, privacy rights, or other proprietary rights;

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under these Terms. You agree to fully cooperate with our defense of such claims. You may not settle any claim without our prior written consent, and we will make every reasonable effort to notify you of any claim, action, or proceeding as soon as we become aware of it.

The Product may include links to third-party websites, applications, advertisements, or other resources (“Third-Party Services”). These Third-Party Services/Products are provided for user convenience, but we do not control, endorse, review, or take any responsibility for their content, accuracy, or suitability. Access to and use of any third-party Product is at your own risk and subject to the terms and privacy policies of the respective third parties. We disclaim any responsibility for damages, losses, or issues arising from your use of or reliance on Third-Party Services, including but not limited to:

• 1. Any transaction, payment, or delivery of goods or services carried out between you and the third party;
• 2. Any inaccuracies or inappropriate material in the content, products, or advertisements offered by third parties;
• 3. Any sharing of links by you or others directing to Third-Party Services.

You also acknowledge that our Product may include advertisements, promotions, or sponsored content, which may appear in various formats and locations. We may not always explicitly identify such content as advertising. The nature and extent of advertisements are subject to change without notice. You are solely responsible for assessing the appropriateness of accessing or interacting with any Third-Party Services. This includes taking steps to protect your personal data and complying with any applicable third-party agreements.

We process users' personal data in relation to their use of the Product in accordance with our Privacy Policy. Our policy, and the supporting documentation for our processing, provide detailed information on how user data is collected, managed, stored, and disclosed, as well as on users' rights under data protection laws. Information collected via cookies and similar technologies is handled according to our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences. The Privacy Policy and Cookie Policy are incorporated by reference into these Terms. In the event of any inconsistency between these Terms and the Privacy Policy or Cookie Policy, the provisions of these Terms will prevail.

Support. If you have any questions, concerns, or need assistance regarding our Product, you can contact us using the contact information provided in the “INTRODUCTION” section of these Terms. Although we are not legally required to provide customer support, we may, at our sole discretion, choose to offer support services to users when necessary. Such support, if provided, is given as a courtesy and does not create any ongoing obligation, entitlement, or right to future support. We will make every reasonable effort to respond promptly to user requests; however, we do not guarantee a specific response time. Feedback. We welcome your feedback. You may be invited to send us comments, suggestions, ideas, feedback, ratings, materials, or other information (“Feedback”) through the App/Platform. You agree that any Feedback you disclose or send to us via the App/Platform is voluntary, non-confidential, and becomes and remains our property. By disclosing or submitting Feedback to us, you assign to us all rights, titles, and interests in and to the Feedback. We may disclose or use any Feedback as we deem appropriate without any compensation to you.

We are committed to responding to any alleged copyright infringement should it occur. If you believe your content has been copied in a way that constitutes copyright infringement, you may send us a notification in accordance with the Italian Intellectual Property Code, the Copyright Law (Law 633/1941), as well as Directive 2019/790/EU on Copyright and Directive 2000/31/EC on E-Commerce. If we determine that there has been a suspected or actual infringement, we will take appropriate action under applicable intellectual property laws.

Term. These Terms come into effect on the date you first access or use our Product and remain in force until termination in accordance with this Section. We may terminate these Terms, suspend or limit your access to the Product, or delete your Account immediately after providing you notice if:

• 1. You have used the Product in violation of these Terms;
• 2. Unauthorized access or activities have been detected on your Account or related to use of the Product;
• 3. We decide, at our sole discretion, to withdraw the Product (in whole or in part);
• 4. We are required to do so because of a legal or regulatory obligation;
• 5. You request the deletion of your Account or your personal data;
• 6. For any other legitimate reason, provided that you are given reasonable advance notice via email or any electronic communication within the Product.

We reserve the right to block your access to the Product to prevent re-registration or unauthorized access if your account has been suspended, terminated, or deleted. Termination by the user. You may withdraw from these Terms at any time by ceasing use of the Product. If you have purchased a subscription, please refer to Section 6 of these Terms for detailed instructions on properly cancelling your subscription to avoid future charges. Effect of termination. Upon termination of these Terms:

• i. All licenses granted to you under these Terms will immediately terminate;
• ii. Any User Generated Content submitted by you may no longer be accessible and we are not responsible for any deletion or loss of such User Generated Content.

Upon termination of these Terms, all provisions that by their nature are meant to survive termination will remain in effect. This includes, but is not limited to, the provisions relating to Sections 8, 9, 10, 11, 12, 14, 18, 20, and any other provision necessary to enforce rights or obligations accrued prior to termination.

Right of Withdrawal. If you are a consumer residing in the European Union, the United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, you have the legal right to withdraw from online purchase contracts for the Product within 14 days of concluding the contract without needing to provide any reason, unless specific conditions apply as described below. Exceptions to the Right of Withdrawal. When you purchase digital content online, including one-off items, you agree that the content will be available immediately. By consenting to immediate access, you acknowledge that you waive the right of withdrawal and do not have a right to a refund. When you purchase a subscription to access our Product, which is provided on a continuous basis, access to the Product begins immediately after you complete your purchase. By consenting to the immediate start of the Subscription, you acknowledge and agree to waive the statutory right of withdrawal, while retaining the right to cancel your subscription at any time during your subscription period. Exercising the Right of Withdrawal. To exercise your right of withdrawal (where applicable), you must send a clear statement of your intention to withdraw from the contract (for example, these Terms). This can be done by sending a written communication by mail to one of the following addresses:

By sending your notice via our online contact form or to info@youever.ai. The withdrawal notice must be sent no later than 24 hours before the end of the withdrawal period. Unless otherwise provided, the withdrawal period ends 14 days from the day you entered into the contract. Although not mandatory, you may use the following model to exercise your right of withdrawal:

I/we* hereby withdraw from the contract by me/us* for the purchase of the following goods*/the provision of the following Product*: Ordered on*/received on*:

Name of consumer(s):

Address of consumer(s):

Date:

*Delete as appropriate.

Refunds. If you exercise your right of withdrawal, we will deduct a proportional amount corresponding to the Product you have used up to the moment of notification. Refunds will be processed using the same payment method used for the original transaction, unless otherwise agreed. Alternative Dispute Resolution (ADR). In the event of a dispute arising from or relating to these Terms, you and the Company will first attempt to resolve the matter through negotiation. If no resolution is reached within 30 days from written notice of negotiation, the parties may voluntarily explore a good faith resolution through an agreed alternative dispute resolution (ADR) procedure. Participation in ADR is not mandatory and is entirely at the discretion of each party. If ADR is not successful within 60 days, or if a party refuses to participate, the dispute may proceed; for European consumers (including those in Norway, Switzerland, Iceland, or Liechtenstein), the European Commission's online dispute resolution platform (ODR) may be used for disputes relating to online contracts. The platform is accessible at the ODR Platform Link.

Governing Law. These Terms shall be governed by and construed in accordance with Italian law, excluding the United Nations Convention of 1980 on Contracts for the International Sale of Goods. These Terms constitute the entire agreement between you and us regarding access to and use of the Product and supersede any and all prior agreements, understandings, or representations, whether written or oral. No Waiver. Our failure or delay to exercise any right or enforce any provision under these Terms shall not constitute a waiver of that right or provision. A waiver will only be effective if expressly stated in writing and signed by an authorized representative. Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified or removed to the minimum extent necessary to comply with the law, without affecting the validity or enforceability of the remaining provisions. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time and without notice, including by way of novation. The publication of an updated version of these Terms identifying the new party shall constitute valid notice of such transfer. These Terms are binding upon and will benefit both parties and their respective successors, assigns, and legal representatives. Electronic Communications. By interacting with the Product or communicating with us electronically, you consent to receive communications electronically and agree that such communications, including notices, disclosures, and messages, shall have the same legal effect as those provided in writing. You acknowledge that your electronic submissions constitute a legally binding agreement. Force Majeure. We will not be held liable for any delays or failures in fulfilling our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, or telecommunications outages. Third Party Rights. Except as expressly stated herein, these Terms are intended solely for the benefit of the parties and do not create any rights for third party beneficiaries. Headings and Construction. The headings in these Terms are provided for convenience only and do not affect their interpretation.