TERMS AND CONDITIONS OF USE OF SBIRÙ

This is a translation provided for your convenience. In case of any discrepancy between this translation and the Italian original, the Italian version shall prevail. Read the Italian original.

1. WHO WE ARE AND ACCEPTANCE OF THESE TERMS

Sbirù (hereinafter "the App", "the Service", "we") is a web application operated by Kevin as a personal project.

Contact email: sbiru2026@yahoo.com

By using Sbirù you fully accept these Terms and Conditions of Use ("Terms") and our Privacy Policy. If you do not accept these Terms, please do not use the Service. You must be at least 16 years old to use Sbirù. If you are under 18 years of age, you may only use Sbirù with the consent and under the supervision of a parent or guardian.

2. DESCRIPTION OF THE SERVICE

To use Sbirù, including its basic functions, you need to create a free account (see section 4): the Service cannot be used without registration. With the free account you can:

• scan the barcode (or search by name) of food, cosmetic and pet products, getting a health score calculated from ingredients, nutritional values and additives;
• receive suggestions for alternative products, including through affiliate links to third-party retailers such as Amazon;
• contribute to the database by uploading information on products not yet listed, earning any trial days of the Sbirù+ subscription.

An optional subscription ("Sbirù+", see section 5), whose prices and conditions will be defined and communicated to users when available, unlocks additional features, including:

• creating a personal ("fitness") profile and/or profiles for your pets to get personalized scores and alerts, also calculated based on your current and target weight;
• choosing specific nutrients to monitor in scanned products.

The Service may be modified, expanded or reduced over time at our discretion, even without notice, except as otherwise provided by applicable mandatory rules.

Sbirù does not cover alcoholic beverages: they are not scored and cannot be uploaded to the database. If you scan an alcoholic beverage we only show a notice. Cosmetics that contain alcohol are still scored as usual.

3. THIS IS NOT MEDICAL, VETERINARY OR NUTRITIONAL ADVICE

The health scores, alerts on ingredients and nutrients and suggestions of alternative products provided by Sbirù are for information purposes only and do not in any way constitute professional medical, veterinary, nutritional or dietary advice. These scores are based on third-party data (for example Open Food Facts, Open Beauty Facts, Open Pet Food Facts, USDA FoodData Central) that may be incomplete, outdated or inaccurate, and on automated algorithms that do not take into account your individual medical situation or that of your pet.

Before making decisions relating to your health, diet, allergies or intolerances, or the health of your pet, always consult a qualified doctor, dietitian, nutritionist or veterinarian. Do not use Sbirù as the sole tool for decisions concerning medical conditions, serious allergies or emergencies: in an emergency, contact emergency services or a healthcare professional immediately.

4. USER ACCOUNT

To use Sbirù, including basic functions such as scanning and searching for products, you need to create an account (email, first name, last name, password): the App cannot be used without registering. The basic account is and remains free; some additional features require the optional Sbirù+ subscription described in section 5 (e.g. fitness profile, pet profile, preferences on nutrients to monitor).

You are responsible for:

• providing truthful information when registering;
• keeping your login credentials confidential;
• all activity carried out through your account.

You can request the deletion of your account at any time from the App settings or by writing to sbiru2026@yahoo.com. We reserve the right to suspend or delete accounts that violate these Terms, that are inactive for prolonged periods, or that show signs of fraudulent or abusive use of the Service.

5. SBIRÙ+ SUBSCRIPTION, PRICE AND RENEWAL

Sbirù offers some additional features ("Sbirù+"), such as the personalized fitness and pet profiles and the preferences on nutrients to monitor (see section 2). You can obtain Sbirù+ in two ways, which may also be combined over time:

• for free, through a trial period and/or bonus days earned by contributing to the product database (see section 6): at the end of the trial period or bonus days, premium features become unavailable again until you earn new ones;
• with a paid annual subscription at the price of €11.99 (eleven euros and ninety-nine cents) per year, VAT included where applicable.

5.1 Automatic renewal and cancellation

Unless cancelled, the paid subscription renews automatically at expiry for a further year, at the price in effect at the time of renewal. We will inform you of the upcoming renewal with reasonable notice through the App or by email, when possible. You can cancel the automatic renewal at any time before the expiry date, from the App settings or by writing to sbiru2026@yahoo.com; cancellation takes effect from the following renewal and does not entail an automatic refund of the period already paid, except as provided in section 5.2. Payment will be handled by an external payment service provider (indicated in the App at the time of purchase): we do not receive or store your card or payment method data, which is processed directly by that provider (see also the Privacy Policy, sections 3.2 and 5).

5.2 Right of withdrawal

If you purchase the Sbirù+ subscription as a consumer resident in the European Union, you have the right to withdraw from the purchase within 14 days, without having to state a reason, in accordance with the applicable provisions of your country's consumer protection law implementing Directive 2011/83/EU (for example, in Italy, Articles 52 et seq. of the Consumer Code, Legislative Decree 206/2005). You can exercise your right of withdrawal by writing to sbiru2026@yahoo.com within that period, indicating the account with which you made the purchase.

Since Sbirù+ is digital content/a service made available immediately after purchase, at the time of payment you will be asked to give express consent to the immediate supply of the service; by giving this consent, you acknowledge that once performance of the service has begun, you lose the right of withdrawal, in accordance with the applicable provision of your country's consumer protection law (for example, in Italy, Article 59, paragraph 1, letter o) of the Consumer Code).

5.3 Legal conformity guarantee

If you purchase the subscription as a consumer, the legal conformity guarantee for digital content and services provided for by the applicable consumer protection law of your country remains in place (for example, in Italy, Articles 128-135 of the Consumer Code). If you believe that Sbirù+ is not conforming to what was agreed, write to us at sbiru2026@yahoo.com: we will assess your report and, where well-founded, take steps to restore conformity or, if that is not possible, apply the remedies provided for by applicable law.

Payment through Google Play: if you buy Sbirù+ on Android, purchase, payment, renewal and cancellation are handled by Google Play under its terms; you can also manage or cancel the subscription from the “Subscriptions” section of Google Play.

6. CONTENT AND COMMUNITY CONTRIBUTIONS

If you choose to contribute to the database by uploading photos of products, labels or ingredient text ("Contributions"), you represent that:

• the uploaded content is truthful, accurate and relates exclusively to the product you intend to report;
• you will not upload images or text that infringe third-party rights (e.g. third-party copyright, other people's personal data), or that are offensive, misleading or irrelevant;
• you grant Sbirù a non-exclusive, royalty-free, worldwide and irrevocable license to use, reproduce, adapt, publish and display such Contributions within the Service and the product database, even after any deletion of your account, to the extent the Contributions remain useful to the community.

All Contributions are subject to review ("moderation") by our team before being published in the shared database and may be edited, rejected or removed at our discretion, even without notice, for example if they are found to be inaccurate, duplicate or inappropriate.

The number of approved Contributions determines a public level/badge and may appear on a leaderboard visible to other users, as described in the Privacy Policy.

7. AFFILIATE LINKS AND MONETIZATION

Sbirù may suggest alternative products with links that participate in affiliate programs (such as the Amazon Associates Program). If you purchase a product through these links, we may receive a commission from the retailer, at no additional cost to you. We do not control and are not responsible for the availability, prices, quality or sales policies of third-party retailers: the purchase takes place directly between you and the retailer, according to their terms and conditions.

The health score and the order in which products are shown or suggested are calculated exclusively on the basis of available ingredients, nutritional values and safety data: no retailer or brand can pay to obtain a higher score or a prominent position, and any affiliate commissions we receive do not influence in any way the score assigned to a product.

8. INTELLECTUAL PROPERTY

The name "Sbirù", the logo, the interface, the proprietary source code, the texts, graphics and health-score calculation algorithms (except for user Contributions and data from third-party public databases) are owned by or licensed to Kevin, and are protected by applicable intellectual property laws. Copying, modifying, distributing, decompiling or creating derivative works from the Service without written authorization is not permitted, except as expressly allowed by a separate open-source license that may apply to source code published on public repositories.

Product data from Open Food Facts, Open Beauty Facts, Open Pet Food Facts, USDA FoodData Central and other public databases remains subject to their respective usage licenses.

9. ACCEPTABLE USE

By using Sbirù you agree not to:

• use the Service for unlawful or fraudulent purposes;
• attempt to gain unauthorized access to systems, accounts or data of other users;
• upload viruses, malware or malicious code;
• carry out scraping, mass data extraction or unauthorized automated use of the Service in a way that compromises its stability or bypasses rate limits;
• upload false, misleading, offensive Contributions or ones that infringe third-party rights;
• use the Service in a way that could damage, disable, overload or compromise Sbirù's infrastructure or other users' experience.

We reserve the right to suspend or terminate access to the Service, in whole or in part, for anyone who violates these Terms.

10. DATA ACCURACY AND LIMITATION OF LIABILITY

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including, without limitation, warranties of accuracy, completeness, fitness for a particular purpose or error-free operation.

In particular, automatic ingredient recognition technology (scanning, OCR and analysis via artificial intelligence) may make errors, omissions or inaccuracies in extracting and interpreting the ingredients shown on the product label. We invite you to always verify the ingredients directly on the original packaging or label of the product before any purchase, consumption or administration decision, particularly if you or your pet have allergies, intolerances or medical conditions.

To the maximum extent permitted by applicable law:

• we do not guarantee that the health scores, nutritional information or suggestions of alternative products are always accurate, complete or up to date, since they derive in part from third-party databases that we do not control;
• we are not liable for decisions made on the basis of information provided by the Service, including consequences relating to your health or your pet's health;
• we are not liable for interruptions, malfunctions, data loss or unavailability of the Service, except in cases of willful misconduct or gross negligence where this cannot be excluded under applicable law;
• we are not liable for third-party content, products or services linked to or suggested through the Service (including retailers such as Amazon).

Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law (for example in the case of willful misconduct, gross negligence, or personal injury resulting from our negligence, where provided for).

10-bis. NATURE OF THE SCORE, TRADEMARKS AND REPORTING ERRORS

The Sbirù score is an automated assessment for information purposes. It is calculated by applying the same criteria to every product, which are public and described on the page "How we calculate the score" (https://nutri-scan--kevin92bassi.replit.app/punteggio.html), starting from the available data (ingredients, nutritional values, additives, degree of processing). It is not a judgment on the safety, quality or legal compliance of a product or a company: a low score does not mean that the product is dangerous, prohibited or non-compliant. For some product categories, such as honey, the score uses category-specific criteria (also public on the same page) instead of the general food criteria: for example, for honey the natural sugars are not penalised, while purity, origin and processing count. Within each category the criteria are the same for every product.

Product names, trademarks and designations belong to their respective owners and are shown only to identify the scanned product. Sbirù is not affiliated with, sponsored by or endorsed by any manufacturer or brand, and receives no payment to change scores.

If you believe that a piece of data or a score is wrong or incomplete (whether you are a user, or the manufacturer or trademark owner), write to sbiru2026@yahoo.com or use the "Report an error" button in the app, indicating the product (barcode) and, if possible, evidence of the correct data (photo of the label, technical sheet). We will examine the report carefully and, if well founded, correct the data or score as soon as possible and, as a rule, within 10 working days.

To report unlawful content uploaded by users, write to the same address indicating the content and the reasons for the report: we will assess it promptly and, if necessary, remove it.

Sbirù contains information from Open Food Facts, Open Beauty Facts and Open Pet Food Facts, whose databases are available under the Open Database License (ODbL) and whose images are available under CC BY-SA. USDA FoodData Central data is in the public domain (CC0).

11. SUSPENSION AND TERMINATION

You can stop using Sbirù and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, in the event of a breach of these Terms, fraudulent or abusive use, or for technical or legal reasons. In the event of account termination, the data retention provisions set out in the Privacy Policy apply.

12. CHANGES TO THE SERVICE AND THESE TERMS

We may modify these Terms at any time, for example to reflect new features, legal requirements or changes to the subscription model. The updated version will be published with the "last updated" date shown at the top of the document. Continued use of the Service after changes are published constitutes acceptance of the new Terms; in the event of material changes, we will try to notify you through the App or by email, when possible.

13. GOVERNING LAW AND JURISDICTION

These Terms are governed by Italian law, without prejudice to any mandatory consumer-protection provisions of the law of the country where you reside. For users who qualify as consumers, the consumer's forum provided for by applicable mandatory law remains valid (normally the place of residence or domicile of the consumer); for any other dispute, the forum provided for by Italian law has jurisdiction.

If you are a consumer resident in the European Union, you can also turn to the European online dispute resolution platform, available at ec.europa.eu/consumers/odr, in addition to contacting us directly by writing to sbiru2026@yahoo.com.

14. CONTACT

For questions about these Terms, write to: sbiru2026@yahoo.com

Kevin — Sbirù