Legal document
Terms of Use and conditions of service
Version 1.0 · in force from [DATE TO BE INSERTED]
For the purposes of this social experiment, the Holder's identity is not published in clear text (no name, address, phone, certified email or VAT number in plain form). The Q-code points to the identification channel chosen by the Holder and constitutes, for all purposes, the reference under GDPR art. 13.
1. Definitions
- Developer or Holder: natural person, single-mandate commercial agent under article 1742 of the Italian Civil Code (and not an insurance intermediary under Legislative Decree 209/2005, nor a financial intermediary), holder of an active Italian VAT number, identified exclusively through the Q-code in this document. The Q-code points to the public chamber of commerce extract of the Holder's tax position, which is sufficient for identification under GDPR articles 13-14.
- Principal: the company with which the Developer has a commercial agency relationship. This project is unrelated to the agency activity, carried out in the Developer's own time, with devices and infrastructure registered to the Developer's VAT number, without using assets, trademarks, trade secrets or customer base of the Principal. The Principal's identity is not disclosed.
- Q-code: graphic code (GIF format) present in the project documents, redirecting to the public identification record of the Holder (chamber of commerce extract / Italian Revenue Agency VAT data, verifiable on the Agenzia delle Entrate portal). It is a valid reference for GDPR articles 13-14 since it carries an identity verifiable in public registries.
- Application or Software: the experimental project "Seismic & Fall" in its web demo, Android APK and source code versions.
- User or Signatory: anyone who accesses, installs or uses the Application, after having electronically signed the click-wrap Notice.
- Social experiment: research and technological demonstration activity on fall detection and collective oscillation sensing, for personal, educational and outreach purposes, with assumption of responsibility delegated to the Signatory.
2. Nature and purpose of the project (intended use)
The Application is experimental software for educational, research and technology-outreach purposes only. The Developer expressly declares, also with regard to the intended use relevant under EU Reg. 2017/745 (MDR), EU Reg. 2024/1689 (AI Act) and Italian Legislative Decree 1/2018, that the Application:
- is not intended for diagnosis, prevention, monitoring, treatment or alleviation of diseases, injuries or disabilities: it is not a medical device;
- is not a safety component of a product or infrastructure: it does not fall under the high-risk AI systems (AI Act Annexes II and III);
- is not a public alerting system: it does not issue emergency messages, nor does it replace IT-Alert, INGV, Italian Civil Protection, 112/118;
- does not constitute a commercial software-sales activity, nor a public offer of a service: it is made available free of charge for the personal use of the adult Signatory;
- is not a service or product of the Principal; it does not use trademarks, confidential information, assets, infrastructure or customer base of the Principal;
- does not interfere with the commercial agency relationship under Italian Civil Code articles 1742-1753 and the relevant collective agency agreements (AEC).
3. Acceptance, click-wrap and versioning
Access to the demo and the APK download are subject to full reading of the Notice and to ticking the acceptance box (click-wrap). Each version of the legal documents is identified by a number, date and SHA-256 hash published in the changelog: this makes it possible to prove, at any time, which text the User accepted. The Holder's identity at the time of acceptance is the one carried by the Q-code of the same version.
The User declares to be at least 18 years old, of full legal capacity, and to install the Application for personal use, for themselves. Pursuant to articles 1341-1342 of the Italian Civil Code, the User specifically approves clauses 4-bis (Assumption of risk), 6 ("As is"), 7 (Limitation of liability), 8 (Indemnification), 11 (Suspension), 13 (Modifications), 15 (Forum).
4. Operation and technical limits
4.1 Fall detection (man-down)
The algorithm runs on-device on accelerometer heuristics. False positives (thrown phone, knocks) and false negatives (slow sliding, gradual loss of consciousness) are expected. In this version no real rescue notification is sent to third parties.
4.2 Seismic alert by area consensus
This relies on crowdsourcing of third-party consumer devices, public non-dedicated networks and non-certified protocols. Delays, time misalignment, network coverage, device density and data injection attempts may compromise or falsify operation.
4-bis. Assumption of responsibility by the Signatory
The Application is a social experiment. By express choice of the Holder, no insurance coverage or third-party guarantee is in place for the benefit of Users. Signing the click-wrap before download amounts to full, free and informed assumption of risk by the Signatory, within the limits allowed by law (excluding cases of wilful misconduct or gross negligence of the Holder, and subject to non-waivable consumer protections under Italian Legislative Decree 206/2005).
Prohibition of installation on behalf of non-signing third parties. It is forbidden to install, configure, activate or maintain the Application on a third party's device (especially elderly people, minors, persons with cognitive or motor vulnerability) who have not personally and directly signed this Notice. Whoever installs on behalf of others is personally and jointly liable for any resulting damage and shall hold the Developer harmless.
5. User obligations
- Do not use the Application as a personal or third-party protection measure.
- Do not use it to replace medical devices, tele-assistance or professional systems.
- Ensure permissions, power, connectivity and data correctness at your own care.
- Do not perform reverse engineering aimed at circumventing security limitations; any study of the open-source code is governed by the relevant licence.
- Do not inject fake data, do not run attacks (replay, injection, spoofing), do not overload the infrastructure.
- Do not use the Application for unlawful, defamatory or rights-infringing purposes.
6. Service «as is» — no warranty
The Application is provided as is and as available. The Developer does not warrant: continuous or error-free operation, the generation, delivery or reception of any alert, compatibility with all devices, accuracy or timeliness of processing, absence of interruptions, persistence of local data.
7. Limitation of liability
Within the maximum limits allowed by Italian law and subject to non-waivable consumer protections and to cases of wilful misconduct or gross negligence, the Developer shall not be liable for:
- damages arising from use, non-use or malfunction of the Application;
- reliance placed on the Application as a safety tool;
- failure to generate, receive or deliver alerts;
- indirect, consequential damages, loss of chance, loss of profit, loss of data;
- unavailability due to force majeure, maintenance, cyber attacks, decisions of third-party providers;
- acts, omissions or communications of the Principal, who is unrelated to the project.
The overall liability of the Developer, where not excluded by law, is capped at the nominal value of [amount € to be defined, e.g. 50.00] per User.
8. Indemnification
The User shall hold harmless the Developer from any third-party claim arising from misuse of the Application, breach of these Terms or content uploaded.
9. Intellectual property and open-source licence
The Application is a work of the intellect of the Developer pursuant to Italian Law 633/1941 and Legislative Decree 518/1992. The source code is released under [to specify: e.g. MIT, Apache 2.0, GPLv3] licence, available at the public repository [URL]. The project name and graphic materials remain owned by the Developer; their use is permitted for non-commercial outreach purposes with source attribution. No Principal's trademark, logo or name is used in the Application.
10. Personal data
The processing of personal data is governed by the Privacy Notice under EU Regulation 2016/679. Raw accelerometer data remains on the device; only aggregated alerts confirmed by the area consensus, in minimized form, are stored on the server.
11. Suspension and termination
The Developer may suspend, modify or terminate the Application, in whole or in part, at any time and without notice, for technical, security, compliance or personal sustainability reasons of the project, without any right to refunds or indemnities. Termination or change of the agency relationship with the Principal does not affect the Application, save for free decision of the Developer.
12. No consideration, optional voluntary contributions
The Application is offered free of charge. Access, use and core functions are not conditional upon any payment.
The Holder accepts voluntary contributions through a third-party crowdfunding platform (GoFundMe Ireland Ltd. / Ireland UC, acting as a separate data controller) for the sole purpose of covering the technical hosting costs of this educational experiment. The contribution:
- is a free gift in the sense of articles 769 ff. of the Italian Civil Code, accepted with the simplified form allowed for low-value gifts (article 783 c.c.);
- does not purchase a service, does not grant access to additional features, does not entitle to invoices, reports or any reward;
- does not transform the Application into a public offer of services nor into a commercial activity, since it is unrelated to the on-device functionality and to the user's experience;
- is processed entirely by the third-party platform under its own Terms and Privacy Policy. The Holder does not receive payment data of the contributor.
Tax treatment of the received sums is handled by the Holder in accordance with the applicable Italian rules on liberal contributions to a natural person.
13. Changes to the Terms
The Developer may amend these Terms by notice posted on the home page of the Application. A User who continues to use the Application 30 days after the notice accepts the new version; otherwise the User may withdraw by uninstalling the Application and deleting local data.
14. Governing law
These Terms are governed by Italian law. Non-waivable consumer protections (Italian Legislative Decree 206/2005, Consumer Code) remain in force.
15. Competent court and ODR
For disputes with professional users or associations: exclusive forum of [city of registered seat, e.g. Rome]. For disputes with consumer Users: the forum of the consumer's place of residence or domicile. The EU ODR platform is available at: ec.europa.eu/consumers/odr.
16. Contacts