TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF USE

Last update: October 1, 2024

These Terms and Conditions of Use govern the access to and use of the Wostess platform ("Service"), accessible via the web, mobile devices, and apps, and managed by the company Human Code Srl, sole shareholder.

The terms "we," "us," "Company," "Operator," and "Wostess" refer to Human Code Srl as the operator of the platform. By using the Service, the user ("Customer," "User," "Utilizer") agrees to be bound by these Terms and Conditions of Use.

1. Acceptance of the Terms and Conditions

By using the Service, the user fully accepts these Terms and Conditions of Use, the Privacy Policy, and the Cookie Policy, each of which is an integral part of this Agreement. If the user does not accept all terms, they are advised not to use the Service.

The latest version of this Agreement will always be available on the Service in the Settings section and on the Wostess website. It is the user's responsibility to regularly check the most updated version. Any substantial changes will be communicated with at least 30 days' notice, unless legally impossible.

2. Eligibility

To use the Service, the user must:

2.1. Be at least 18 years old or the age of majority in their jurisdiction.

2.2. Have the legal capacity to enter into a binding contract with Wostess.

2.3. Not be subject to any legal restrictions that prevent the use of the Service.

2.4. Comply with all applicable local, national, and international laws, rules, and regulations.

2.5. Not have any convictions for serious crimes or sexual offenses.

3. Account Creation and Management

3.1. The user is responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their account.

3.2. The Operator reserves the right to suspend or delete the account in case of prolonged inactivity, failure to respond to messages, or violation of these Terms.

3.3. After account deletion, the Operator may prevent the creation of new accounts associated with the user's personal data.

3.4. Usernames and descriptions must not contain references to social media or personal contact information. The Operator reserves the right to modify or remove such information to ensure compliance with its guidelines.

3.5. Identity Verification: The Operator reserves the right, at its sole discretion, to request confirmation of users' authenticity, including via social media verification or other means deemed appropriate. The Operator may decide not to activate or suspend profiles if it suspects the use of fake or misleading photos and/or information.

4. Use of the Service and Limitation of Liability

4.1. The Service is provided "as is" and "as available." The Operator does not guarantee that the Service will be uninterrupted, secure, or error-free.

4.2. Liability for Service Interruptions: The Operator will not be held liable for any interruptions, suspensions, or malfunctions of the Service due to force majeure or events not attributable to the Operator, including, but not limited to, technical issues, scheduled or unscheduled maintenance, updates, or other causes beyond our control.

4.3. The Operator disclaims any liability for the content posted by users on the Service, including texts, images, and information entered in personal profiles or communications through chat or other channels. Users are solely responsible for the content they share and agree to ensure that such content does not violate laws, regulations, or third-party rights.

4.4. The Operator does not exercise prior control over the content transmitted by users, but reserves the right to monitor, modify, or remove content that violates these Terms or applicable laws.

4.5. To the maximum extent permitted by law, the Operator excludes any implied or explicit warranty not expressly provided for in these Terms.

4.6. Disclaimer of Warranties: The Operator makes no warranty regarding the suitability of the Service for particular purposes, nor guarantees that users will achieve specific results from using the Service.

4.7. To the maximum extent permitted by law, the Operator will not be liable for direct, indirect, incidental, consequential, or special damages arising from the use or inability to use the Service.

5. Credits and Payments

5.1. Access to the Service is free, but unlocking the chat with other users requires the use of credits.

5.2. Credits can be purchased at the cost of 1 euro per credit. Purchases can be made via credit card or PayPal. Payments are securely processed through the Stripe platform. The optional saving of credit cards for quick purchases is a service provided and managed directly by Stripe. Our platform does not store any sensitive payment information.

5.3. Purchased credits are non-refundable and cannot be converted into money or other goods.

5.4. Credits are tied to the user's account and cannot be transferred to other users.

5.5. Right of Withdrawal: Pursuant to Article 59, letter o) of the Consumer Code, the right of withdrawal does not apply to the provision of digital content through a non-material medium if execution has begun with the consumer's express consent. Therefore, by purchasing credits, the user agrees to waive the right of withdrawal.

5.6. Refunds in Credits: Credits used to unlock the chat and the Telegram contact of a user may be refunded and used to unlock other profiles if the unlocked profile does not have a Telegram account and has not read the sent messages. The refund will occur automatically after about 72 hours and/or upon the user's request. If the Telegram contact is available and/or the message is read and/or social exchange occurs in the user's sent messages, the refund is not automatic and will be evaluated at Wostess's sole discretion. In cases of offensive language, threats, inappropriate behavior, or requests for services other than those advertised by the profile, or unwillingness from the other user to provide the requested service, no refund in credits will be granted, and Wostess may take further action against the user.

6. User Conduct

6.1. Users agree to use the Service in compliance with these Terms and applicable laws.

6.2. The Service may not be used for illegal or unauthorized purposes.

6.3. Users may not post or transmit offensive, defamatory, violent, pornographic content or content that promotes illegal activities.

6.4. It is strictly prohibited to request or offer sexual activities of any kind through the Service.

6.5. Users must behave respectfully and must not disclose personal information of other users without consent.

6.6. Violations may result in account suspension or termination and possible legal action.

7. Use of Chat and Nature of the Service

7.1. Nature of the Service: Wostess is a platform that connects hostesses/stewards, models, and promotional staff with private users or companies. The professionals offer services related to their physical presence, such as participation in events, dinners, fairs, exhibitions, or promotional activities. In some cases, the service may also be provided online.

7.2. Service Limitations: The service offered through Wostess is limited exclusively to professional presence, without any additional activity. It is prohibited to use the platform to request or offer sexual services or any other prohibited services.

7.3. Use of Chat between Users and Hostesses

7.3.1. The integrated chat is provided to facilitate communication between users for the purpose of organizing the professional services offered. Users are solely responsible for the content sent through the chat.

7.3.2. It is prohibited to use the chat for:

a) Sending offensive, defamatory, discriminatory, or hate-inciting content.

b) Making sexual requests or proposals, or violating these Terms.

c) Harassing, threatening, or intimidating other users.

d) Sending spam or unsolicited communications.

e) Disclosing third-party personal information without their consent.

f) Promoting competing activities or services.

7.3.3. Repeated or serious violations may result in account suspension or termination without notice, as well as potential legal action by the Operator or any third parties involved.

7.4. Sharing Telegram Contacts

7.4.1. Certain types of profiles may be allowed to include external social contacts, such as their Telegram contact. By providing such contact, the user agrees that it may be shared with users who unlock the chat.

7.4.2. Users who receive the Telegram contact agree to use it exclusively for communications related to the professional service, respecting these Terms and the hostess's privacy.

7.5. User Responsibilities

7.5.1. Users must ensure that their communications are appropriate and comply with applicable laws.

7.5.2. The Operator is not responsible for the content of communications between users; however, it reserves the right to monitor chats and intervene upon request in case of violations.

7.6. Reporting Abuse

7.6.1. Users can report inappropriate behavior using the dedicated function.

7.6.2. The Operator will review reports and may take appropriate actions.

8. Support Chat

8.1. The support chat named “Valeria Assistance” helps users with using the Service.

8.2. The Operator is not responsible for incorrect information provided via the support chat.

8.3. Communications through the support chat may be monitored for quality purposes.

8.4. It is prohibited to use the support chat for purposes unrelated to Service support.

8.5. Abuses may result in account suspension or termination.

9. Rights and Granted Licenses

9.1. The user grants the Operator a global, non-exclusive, royalty-free license to use, modify, and distribute the content published on Wostess, solely for the purpose of providing and improving the Service.

9.2. The Operator may modify or delete content that violates these Terms or applicable laws.

10. Privacy and Data Protection

10.1. The processing of personal data is carried out in accordance with EU Regulation 2016/679 (GDPR) and the applicable Italian laws.

10.2. Please refer to the Privacy Policy to understand how we collect, use, and protect your personal data.

10.3. User Rights: Users may exercise the rights provided by the data protection legislation (access, rectification, deletion, restriction, objection, and portability) by contacting the Operator using the provided contact information.

12. Intellectual Property

12.1. All trademarks, logos, graphics, images, texts, and other content present on the Service are the property of the Operator or their respective owners and are protected by Italian and international intellectual property laws.

12.2. It is prohibited to copy, modify, distribute, or use the Service's content in any form without the prior written consent of the Operator or the rightful owners.

12.3. Violations: Any violations of intellectual property rights will result in civil and criminal legal actions.

13. Reporting Abuse and Monitoring

13.1. The Operator has implemented a feature to report abuse or inappropriate behavior.

13.2. Reports will be reviewed and may result in suspensions or account terminations of the parties involved.

13.3. The Operator commits to handling reports as quickly as possible.

14. Cooperation with Authorities

14.1. The Operator reserves the right to provide information to competent authorities in the case of legal investigations or formal requests.

14.2. Such cooperation will be carried out in compliance with applicable laws and the rights of users.

15. Service Modifications

15.1. The Operator reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or parts of it, with or without notice.

15.2. The Operator will not be liable to users or third parties for any modifications, suspensions, or discontinuation of the Service.

16. Changes to the Terms and Conditions

16.1. The Operator may modify these Terms at any time. The changes will become effective after being published on the Service.

16.2. Continued use of the Service after such changes implies acceptance of the updated Terms.

17. Governing Law and Jurisdiction

17.1. These Terms are governed by Italian law.

17.2. Any disputes will be subject to the exclusive jurisdiction of the Court of Florence (Italy).

18. Indemnity and Compensation

18.1. The user agrees to indemnify and hold harmless the Operator, its affiliates, employees, agents, and partners from any claim, demand, damage, loss, cost, expense, or liability, including legal fees, arising from:

a) The use of the Service in violation of these Terms.

b) The violation of laws or third-party rights.

c) Content posted or transmitted by the user.

18.2. The user will be responsible for any damage caused to the Operator or other users as a result of unlawful behavior.

19. User Tax Obligations

19.1. Users who receive compensation for services found through the Wostess platform are required to comply with applicable tax laws and pay the relevant taxes.

19.2. It is the sole responsibility of users to calculate, declare, and pay any taxes due.

19.3. The Operator is not responsible for calculating or paying taxes owed by users.

19.4. Users agree to cooperate with the Operator in case of legal obligations related to taxes.

19.5. Users will indemnify the Operator from any liability arising from failure to comply with tax obligations.

20. Specific Clauses for Mobile Devices

20.1. Mobile App: The Service may be used via mobile applications ("App"). By using the App, the user agrees that:

a) The App may require periodic updates.

b) Some features may vary depending on the device or operating system.

20.2. System Requirements: It is the user's responsibility to ensure that their device meets the technical requirements necessary to use the App.

20.3. Connection Costs: The Operator is not responsible for any connection or data costs charged by the user's mobile provider.

21. Company Information and Contact Methods

For any questions, complaints, or requests for information regarding these Terms or the Service, you can contact the Operator at the following addresses:

Company Name: Human Code Srl, sole shareholder.

Company Name: Human Code Srl, sole shareholder.

VAT Number: IT07395890481

Tax Code: IT07395890481

Registered with the Companies' Register: n. FI - 700414

PEC Email: [email protected]

Email:

Registered Office: Human Code Srl, Via Duca D’Aosta, 16 - 50129 Florence (FI)

Share Capital: €10,000 fully paid

22. Right of Withdrawal for Purchases on Wostess

22.1. Exclusion of Right of Withdrawal: Pursuant to Article 59 of the Consumer Code, the right of withdrawal does not apply to the provision of digital content through a non-material medium if execution has begun with the consumer's express consent.

23. Dispute Resolution

23.1. Mediation and Arbitration: In case of disputes arising from these Terms, the parties commit to attempting an amicable resolution. If no agreement is reached, the parties may resort to alternative dispute resolution methods provided by Italian law.

23.2. ODR Platform: The user may use the European Online Dispute Resolution (ODR) platform available at: [link].

24. Miscellaneous

24.1. If any provision of these Terms is deemed invalid or unenforceable, such provision will be interpreted in accordance with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect.

24.2. The Operator's failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.