WhipFishing

Contratto di Licenza con l'Utente Finale (EULA)

This End-User License Agreement ("EULA") is a legal agreement between you and Whip this EULA agreement governs your acquisition and use of our Whip software ("Software") directly from Whip or indirectly through a Whip authorized reseller or distributor (a "Reseller"). Please read this EULA agreement carefully before completing the installation process and using the Whip software. It provides a license to use the Whip software and contains warranty information and liability disclaimers. If you register for a free trial of the Whip software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Whip software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. This EULA agreement shall apply only to the Software supplied by Whip herewith regardless of whether other software is referred to or described herein. The terms also apply to any Whip updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Whip hereby grants you a personal, non-transferable, non-exclusive licence to use the Whip software on your devices in accordance with the terms of this EULA agreement. You are permitted to load the Whip software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Whip software. You are not permitted to: - Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things - Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose - Allow any third party to use the Software on behalf of or for the benefit of any third party - Use the Software in any way which breaches any applicable local, national or international law - use the Software for any purpose that Whip considers is a breach of this EULA agreement

Whip shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Whip. Whip reserves the right to grant licences to use the Software to third parties

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Whip. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of it.

Privacy & Policy

Your privacy is important to us. Read our privacy policy:

WhipTeam built the Whip - Whip app as a Free app. This SERVICE is provided by WhipTeam at no cost and is intended for use as is.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decides to use our Service.

If you choose to use our service, you acknowledge that our service does not collect personal data. Each individual data is stored within the device's own memory, and no one has access except the user utilizing our software. Your information is not shared with anyone.

For an enhanced experience while using our Service, we may request the user to provide certain information, including access to the microphone. The information I request will be stored on your device and will not be collected by me in any way.

We want to inform you that whenever you use our Service, in case of an error in the app, we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as the device's IP address (Internet Protocol), device name, operating system version, app configuration when utilizing the Service, the time and date of your use of the Service, and other statistics.

We may employ third-party companies and individuals for the following reasons:

- To facilitate our Service;

- To provide the Service on our behalf;

- To perform Service-related services; or

- To assist us in analyzing how our Service is used.

We appreciate your trust in providing us with access to certain information such as the microphone. Every piece of data collected is stored within the device's own memory. Therefore, it is the user's responsibility to decide how to handle their data to protect it. We cannot guarantee 100% security of your data as we do not have any remote access to user data.

This Service may contain links to other websites. If you click on a third-party link, you will be directed to that site. Please note that these external sites are not operated by our team. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

These Services are not intended for individuals under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. If we discover that a child under the age of 13 is using our Service, we immediately proceed to terminate the user's access. If you are a parent or guardian and you are aware that your child is using our Service, please contact us so that we can take necessary actions."

From time to time, we may update our Privacy Policy. Therefore, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.

This policy is effective as of 01-04-2024

If you have any questions or suggestions about our Privacy Policy, feel free to contact us at assistenzawhipe@gmail.com.

Terms and Conditions

Please read the following terms and conditions carefully before using the app:

A. This End-User License Agreement (“EULA”) is a legal agreement between you and Publisher (“we”, “us” or “our”) which governs your use of the Publisher’s Apps. By installing or otherwise using the Publisher’s Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Publisher’s App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Publisher’s App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Publisher’s App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Publisher’s App shall constitute reasonable means. Your continued use of the Publisher’s Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Publisher’s Apps. Do not use the Publisher’s Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the EULA.

Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect. Use of the Publisher’s Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Publisher’s Apps. The Publisher’s Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Publisher’s Apps if you download or install the Publisher’s Apps through such marketplaces.

You must be 13 years of age or older to install or to use the Publisher’s Apps. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Publisher’s Apps for you.

By granting your child permission to download and access an Publisher’s App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the Publisher’s Apps or associated features.

Subject to your compliance with the terms and conditions of this EULA, Publisher grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Publisher’s Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.

You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Publisher’s Apps or use the Publisher’s Apps for the benefit of any third party. Unless expressly authorized by Publisher or permitted under the applicable mobile platform terms, you are prohibited from making the Publisher’s Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Publisher’s Apps, except to remove Publisher’s Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Publisher’s Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Publisher’s Apps in any way. You do not have the right to and may not create derivative works of any Publisher’s Apps or any portions thereof. All modifications or enhancements to the Publisher’s Apps remain the sole property of Publisher.

We reserve the right to add or remove features or functions to existing Publisher’s Apps. When installed on your mobile device, the Publisher’s Apps periodically communicate with our servers. We may require the updating of the Publisher’s Apps on your mobile device when we release a new version of the Publisher’s Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Publisher’s Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Publisher’s Apps may be ended upon the availability of updates, supplements or subsequent versions of the Publisher’s Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Publisher’s Apps.

Publisher’s Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “Publisher’s App Functions”). The Publisher’s App Functions are provided by Publisher and third party suppliers who offer content and/or services in conjunction with or through the Publisher’s Apps (the “Third Party Partners”). Publisher’s App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Publisher, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Publisher’s App.

Publisher’s Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Publisher’s Apps and any information you download or offer to share by means of a Publisher App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.

Uninstallation and removal methods vary depending on your device. To uninstall and remove the Publisher’s Apps, please use the application manager provided with your device or consult your device manual for reference.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Publisher’s Apps. We may use this information in accordance with the Privacy Policy located here.

The Publisher’s Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Publisher are Publisher’s property or the property of Publisher’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Publisher’s Apps. All rights not expressly granted hereunder are expressly reserved to Publisher and its licensors. The Publisher’s names, logos and affiliated properties, are the exclusive property of Publisher or its affiliates. All other trademarks appearing on any Publisher’s App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Publisher App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

Your rights under this EULA will terminate immediately and automatically without any notice from Publisher if you fail to comply with any of the terms and conditions of this EULA. You understand that Publisher, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Publisher’s Apps at any time. Further, Publisher, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Publisher’s Apps or any of its component features. You agree that Publisher shall not be liable to you or any third-party for any termination or disabling of the Publisher’s Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the Publisher’s Apps and destroy all copies of Publisher’s Apps in your possession or control. Termination will not limit any of Publisher’s other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL PUBLISHER’S APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, PUBLISHER, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, PUBLISHER MAKES NO WARRANTY THAT THE PUBLISHER’S APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE PUBLISHER PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE PUBLISHER’S APPS WILL MEET YOUR EXPECTATIONS. PUBLISHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PUBLISHER’S APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PUBLISHER’S APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PUBLISHER’S APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PUBLISHER’S APPS.

- THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PUBLISHER’S APPS REMAINS SOLELY WITH YOU.

- PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.

- SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

- THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUBLISHER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PUBLISHER’S APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE PUBLISHER’S APPS. IN NO EVENT SHALL PUBLISHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PUBLISHER’S APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE PUBLISHER’S APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PUBLISHER, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE PUBLISHER’S APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY PUBLISHER OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

The Publisher’s Apps and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.

Publisher does not represent or warrant that the Publisher’s Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Publisher’s Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Publisher’s country, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Publisher’s Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Ireland, with respect to all matters arising out of or relating to this EULA. No failure or delay by Publisher in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PUBLISHER’S APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

To the extent permitted by applicable law, the following supplemental terms shall apply:

Apple App Store: By accessing the Publisher’s App through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:

1 This EULA is between Publisher and you; Apple is not a party to this EULA.

2 The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Publisher’s App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.

3 Apple is not responsible for Publisher’s App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Publisher’s App.

4 In the event of any failure of the Publisher’s App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Publisher’s App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Publisher’s App.

5 Apple is not responsible for addressing any claims by you or a third party relating to the Publisher’s App or your possession or use of the Publisher’s App, including without limitation (a) product liability claims; (b) any claim that the Publisher’s App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

6 In the event of any third party claim that the Publisher’s App or your possession and use of the Publisher’s App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.

7 You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

8 Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.

9 Publisher expressly authorizes use of the Publisher’s Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.