GlowCheck
EN
IT

Terms of Service

Last updated: 22 April 2026

I. Definitions

  1. Account – a login set up by the Partner that is then the method followed by the Partner to authenticate access to the Application / System.
  2. Agreement – a contract concluded between Glowcheck and the Partner in connection with the use of the Application by the Partner under the conditions presented in the Terms of Service and the Personal Data Processing Agreement as well as under the conditions presented in the conditions of the package selected by the Partner or promotion.
  3. Application / System – Glowcheck software and service supported by Glowcheck and distributed under the name "Glowcheck", available on the Apple App Store at https://apps.apple.com/app/apple-store/id6759158145. The Application is intended for Partner(s) and allows for managing their business and establishing contact between the Customer and the Partner for the purpose of booking Services.
  4. Booking – a commitment from a Customer, for a particular date and time, to spend money with the Partner for requested Services.
  5. Glowcheck – Federico Nagy, a sole trader with registered address Via Oristano 10, 20128 Milano, Italy and tax identification number 11745870961.
  6. Glowcheck Services – services provided by Glowcheck to the Partner.
  7. Customer – a natural person who is at least 13 years old and has at least legal capacity to use the Services offered by the Partners.
  8. DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
  9. Fee or Fees – fee or fees due to Glowcheck from Partners for using the Application, including:
    1. the price of the basic subscription ("Glowcheck Subscription");
    2. fees for additional users using the Partner Account ("Additional Employees");
    3. fees for any additional services used by the Partner; and
    4. all other fees and commissions payable to Glowcheck by Partners in connection with the use of the Application, provided for in the Agreement and other applicable price lists or regulations.
    The above Fees can be checked at any time in the Partner Account available in the Application.
  10. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  11. Partner – a natural person, a legal person or entity, or an organizational unit without legal personality who uses the Application under the terms of this Agreement in connection with their business or professional activity and has created an Account in the Application for themselves as an entrepreneur or business, in order to provide Services to Customers.
  12. Payment Operator – entity providing payment services within the framework of Mobile Payments: Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA.
  13. Personal Data Processing Agreement – an agreement pursuant to which the Partner, as the data controller, entrusts Glowcheck, as the data processor, with any personal data that the Partner will process in the Application under the Agreement. The Personal Data Processing Agreement is an obligatory and integral part of the Terms of Service, and the moment of accepting the Terms of Service during the Registration process is also the moment of concluding the Personal Data Processing Agreement. The Personal Data Processing Agreement constitutes Annex 1 to these Terms of Service.
  14. P2B Regulation – Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services.
  15. Privacy Policy – the document available at https://glowcheck.app/privacy-policy.
  16. Profile – a profile created by the Partner in the Application including, among other information: name and address of the Partner, contact phone number, email address, workstations, employee data including name/nickname and photo; information about the Services offered, including the name of the Service, its description, duration, workstation and price. Each Profile must be exclusive and unique to a single Partner and cannot (under any circumstances) be shared between more than one Partner.
  17. Registration – setting up an Account in the Application or in another way made available by Glowcheck (e.g., via Apple) consisting of completing and confirming the registration form in accordance with the instructions given. After completing the registration process, the Partner will be able to log in to the Application.
  18. Service(s) – services offered through the Application by Partner(s), in particular in the field of cosmetics, hairdressing, wellness and SPA, broadly defined preventive medicine and others.
  19. Subscription Package – a package of services provided by Glowcheck using the Application under the conditions set out in separate terms and conditions.
  20. Terms of Service – these Terms of Service of the Glowcheck Application, which are available at https://glowcheck.app/terms-of-service.
  21. Trial Period – means a period of up to 15 calendar days, counted from the day of receipt of the Registration confirmation from the Partner, during which the newly registered Partner may use the Glowcheck services without the need to pay the Fee. During this period, however, the scope of Glowcheck's services is limited in relation to the paid offer covered by the Subscription Package. After the Trial Period, access to the test Account may be restricted or blocked unless the Partner enters into a contract as part of a paid offer.
  22. User – Partner.

II. Preliminary Provisions. Contact Details

  1. This Agreement sets out the terms and conditions for the provision of electronic services by Glowcheck via the Application, in particular the terms of use of the Application by the Partner(s).
  2. Partner can contact Glowcheck:
    1. by e-mail at: info@glowcheck.app;
    2. via chat available in the Application; or
    3. by traditional mail: Via Oristano 10, 20128 Milan, Italy.
  3. Member States' authorities, the European Commission and the Board for Digital Services may contact Glowcheck in English at: dsa@glowcheck.app. This address constitutes a single point of contact within the meaning of the DSA.

III. Types and Scope of Glowcheck Services

  1. In return for the Partner agreeing to pay the Fees and complying with the terms of this Agreement, Glowcheck grants to the Partner a non-exclusive, non-transferable, revocable license for the term of this Agreement and limited to the territory of Italy, taking into account the extraterritorial nature of the internet, to access the Application and Customer Application, respectively, enabling direct contact between the Partner and the Customer to make a Booking ("License"). The above License entitles the Partner to temporarily reproduce the Application only by displaying it in a web browser and to reproduce it permanently by installing the Application on a mobile device in order to use it in accordance with its purpose and functionality specified in this Agreement. The Partner does not have any other rights, including any intellectual property rights, other than those expressly set out in this Agreement. In particular, the Partner is not entitled to any use of the Application's source code. The Partner acknowledges that failure to comply with the above obligation may result in the violation of the License and Glowcheck's proprietary copyrights to the Application, and Glowcheck may bring the Partner to legal liability in this respect. Through the Application, Partner(s) can manage and remind Customers of Booked Services. The Application is available on the internet at https://glowcheck.app and on the Apple App Store at https://apps.apple.com/app/apple-store/id6759158145, and can be installed on a mobile device with internet access.
  2. Glowcheck provides services to Partner(s), which include:
    1. enabling access to the Application;
    2. possibility of creating a Partner Account and Profile;
    3. the option of using the appointment booking calendar, including managing appointment reservations, Partner's staff, and equipment;
    4. enabling the receiving and sending of SMS and email / push notifications;
    5. enabling the access for Partner to the Glowcheck ICT system, including the widget on the Partner's Profile posted on Social Media and the widget on the Partner's website.
  3. Under this Agreement, the Partner may use the available additional packages or promotions. The terms of available packages or promotions are set out in separate terms and conditions.
  4. As part of the Application, the Partner sets up their Account and Profile, in which they provide their data, including personal data. The data necessary for the provision of services by Glowcheck under this Agreement is the data necessary to set up an Account and Profile, such as: name and address of the Partner, contact phone number, email, employee data including name and photo; information about the Services offered, including the name of the Service, its description, duration, and price, as well as information on the necessity to prepay or make a deposit. Additional data, such as photos of the Partner's premises and photos of the Services, may be provided by the Partner in order to expand the Account and Profile.
  5. Glowcheck works with third-party websites, applications, and services (each a "Third-Party Platform") through whom Subscription and additional package Payments may be facilitated. Unless a Partner opts out by contacting Glowcheck at info@glowcheck.app, Glowcheck may use the information provided by the Partner upon the creation of a Glowcheck Partner Account and/or Profile, which may include but may not be limited to: business name, address, telephone number, email address. By using the Application, the Partner hereby grants Glowcheck a license to use and disclose the Partner Account and Profile information to such Third-Party Platforms, and the Partner warrants that the foregoing information will not infringe the rights of any third party. The use of Third-Party Platforms and accounts thereon is subject to the respective third-party privacy policies and is not covered by the terms of this Agreement.
  6. The Partner agrees to use Third-Party Platforms and any external services accessible through the Application at their sole risk. Glowcheck is not responsible for examining or evaluating the content or accuracy of any Third-Party Platform or external service, and shall not be liable for any such third-party content or services. Any data displayed by the Application or a Third-Party Platform — including but not limited to financial, medical, or location information — is for general informational purposes only and is not guaranteed by Glowcheck or its agents. The Partner agrees not to use Third-Party Platforms or external services to harass, abuse, stalk, threaten, or defame any person or entity. Third-Party Platforms and external services may not be available in all languages or in all countries, and may not be appropriate or available for use in any particular location. To the extent the Partner chooses to use such services, the Partner is solely responsible for compliance with any applicable laws. Glowcheck reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any Third-Party Platform or external service at any time without notice or liability to the Partner.
  7. Glowcheck will use its reasonable endeavors to ensure the availability of the Application twenty-four (24) hours a day, seven (7) days a week, subject to Section VII paragraphs 7 and 8 below.
  8. Glowcheck is never a party to contracts accepted between the Partner and the Customer, in particular in connection with the Customer's Booking of a Service, and Glowcheck does not bear any responsibility for payment for any Services by the Customer or for the performance of any Services by the Partner. The Partner is obliged to provide the services of the Partner in accordance with the applicable laws and is solely responsible towards the Customer for any potential violations. In particular, the Partner commits to providing the Customer with information required by law and in the manner required by law, and also undertakes to enable Customers to exercise their consumer rights.

IV. Conditions for Accepting and Terminating this Agreement

  1. The conclusion of the Agreement between Glowcheck and the Partner shall occur upon the acceptance of the content of the Terms of Service (including Annex 1 – Personal Data Processing Agreement) and any other binding documents (e.g., the terms of promotion).
  2. As part of the activation process, the Partner must create an Account; the data which is necessary to create the Account are highlighted and marked.
  3. This Agreement is valid for:
    1. in the case of a Monthly Subscription and Additional Services to a Long-Term Subscription (as defined in Section VI) – for an indefinite period;
    2. in the case of a Long-Term Subscription – for a fixed term corresponding to the duration of the Long-Term Subscription ("Long-Term Subscription Term"). Glowcheck or the Partner may, no later than one month before the expiry of the Long-Term Subscription Term, submit to the other party a statement of intent to terminate the Agreement. Such a statement may be made in writing or in documentary form (e.g., by email). If neither Glowcheck nor the Partner submits to the other party a statement of intent to terminate the Agreement no later than one month before the expiry of the Long-Term Subscription Term, the Agreement shall automatically (i.e., without the need for any statements by Glowcheck or the Partner) convert into an agreement concluded for an indefinite period, and the Long-Term Subscription shall convert into a Monthly Subscription. If Glowcheck or the Partner submits such a statement: (i) the Agreement shall terminate upon the expiry of the Long-Term Subscription Term, and (ii) all agreements regarding Additional Services to the Long-Term Subscription shall also terminate.
  4. Without prejudice to the provisions of Section VII below, with respect to the Monthly Subscription and Additional Services to a Long-Term Subscription (as defined in Section VI), the Partner has the right to terminate the use of any of the Glowcheck Services at any time but no later than 3 days before the end of the billing cycle. The Partner shall submit the termination notice in writing or by e-mail. Glowcheck's address and e-mail are specified in Section II, paragraph 2 of the Terms of Service. The termination notice, to be effective, should allow Glowcheck to identify the Partner. The Partner has the right to terminate the Agreement, which however does not exclude their obligations under this Agreement, in particular to pay the Fee due to Glowcheck for the period of validity of the Agreement, including the period of validity of the promotion chosen by the Partner. Glowcheck has the right to terminate the Agreement by providing the Partner with not less than 30 days' notice. Glowcheck shall submit the documented termination either in a physical document or by e-mail.
  5. The Partner's right to terminate this Agreement does not exclude the Partner's obligations under this Agreement, in particular to pay the Fees due to Glowcheck during the period of the promotion chosen by the Partner.
  6. Please be advised that termination or cancellation of a Partner Account with Glowcheck may not automatically terminate, cancel, or cause to be deleted a Partner account on a Third-Party Platform. To terminate or cancel such accounts, Partner(s) must contact the respective Third-Party Platform directly.
  7. Glowcheck may terminate this Agreement with immediate effect in the following cases:
    1. delays in payment of the Fees by more than 28 days;
    2. another significant breach by the Partner of the provisions of this Agreement, which includes the Privacy Policy, and any promotion regulations or packages;
    3. in the event of termination of the Personal Data Processing Agreement;
    4. in the situations described in Section VII, paragraph 2.
  8. The terms of the promotion chosen by the Partner may specify specific rules for terminating this Agreement.
  9. Where the Partner has been offered a Trial Period, the newly registered Partner may use the Glowcheck services free of charge for the duration of the Trial Period only. During this period, however, the scope of Glowcheck's services is limited in relation to the paid offer covered by the Glowcheck Subscription or other paid services. At the end of the Trial Period, access to the Glowcheck Application may be blocked unless the Partner enters into a contract as part of a paid offer.

V. Detailed Conditions for the Provision of Services under the Application

  1. The Partner will gain access to the functionality and content of the Application upon acceptance of the terms of this Agreement and successful Registration. Pursuant to Section IV, paragraph 9 above, during the Trial Period, the Partner gains access to the limited functionality and content of the Application.
  2. The Partner is obliged to provide complete and truthful personal data and other data required during Registration, and the Partner agrees to check and update such data regularly, without any prompts or requests from Glowcheck. The Partner acknowledges that such data may include credit checks, anti-fraud checks, and any other checks permitted under applicable law.
  3. Glowcheck hereby grants the Partner a non-exclusive, non-transferable, revocable license to use the Application for the duration of this Agreement, limited to the territory of Italy, taking into account the extraterritorial nature of the internet. This license entitles the Partner only to temporarily reproduce the Application by displaying it in a web browser and to reproduce it permanently by installing the Application on a mobile device in order to use it in accordance with its purpose and functionality specified in this Agreement. Partner(s) do not have any other rights, including any rights to Glowcheck intellectual property, other than those expressly set out in this Agreement. In particular, the Partner is not entitled to any use of the Application's source code. The Partner acknowledges that failure to comply with the above obligation may result in the violation of Glowcheck's proprietary copyrights to the Application and may bring the Partner to legal liability in this respect.

    If the Partner transfers, sells, or otherwise disposes of any Apple device on which the Application has been installed, the Partner must remove the Application from that device prior to doing so.

  4. Creating a Partner Account in the Application by the Partner is equivalent to:
    1. accepting the terms of this Agreement, which includes the Privacy Policy, Personal Data Processing Agreement, and any terms and conditions specific to a selected package or promotion;
    2. submitting a statement that the data provided in the Account creation form is current and truthful;
    3. Glowcheck's authorization to process the Partner's personal data saved on the Partner's Account in order to provide services as part of the Application and for diagnostic and statistical purposes;
    4. beginning the Trial Period;
    5. making a declaration that the Partner is an entrepreneur within the meaning of the generally applicable provisions of law.
  5. The Partner agrees to receive system messages to the email address provided in the registration form, including notifications about new messages in the Application, notifications about new content published in the Application, technical breaks in the operation of the Application, changes to this Agreement, and any other notices related to the use of the Application.
  6. The Partner further agrees:
    1. to the fact that Customers will contact them directly using the email address or phone number provided by the Partner in the Registration process; and
    2. that the data provided by the Partner, including personal data and information, as well as photos shared in the Application and Profile, will be available to other Users as well as to all internet users.
    3. that Glowcheck can use the email address indicated on the registration form to send the Partner messages with notifications about changes in the Application, in particular about technical breaks in the operation of the Application, changes in this Agreement, new content published in the Application and notifications about new messages and events in the Application.
  7. The Partner undertakes and warrants that:
    1. the person activating the Glowcheck service and Application is authorized to do so;
    2. it is authorized to enter data into the Application, Account, or Profile and that such action does not infringe upon the rights of any third parties;
    3. all information and data provided in the Application, Account, and Profile will be true and accurate.
  8. The Partner agrees that each Profile is exclusive and unique to a single Partner and that creating a joint Profile with another partner is strictly prohibited.
  9. The Partner may place its logo on its Profile. Upon placing the logo, the Partner grants Glowcheck a license to disseminate and publicly disclose this logo, and if the logo is a registered trademark, the Partner also agrees for Glowcheck to use the trademark to the extent necessary for the provision of services by Glowcheck.
  10. Upon posting any content in the Application, in particular photos, graphics, or texts ("Content"), the Partner grants Glowcheck a non-exclusive, royalty-free license to use the Content in the following ways, known at the time of granting the license:
    1. for the recording and reproduction of Content – production of copies of the Content using a specific technique, including digital technique, magnetic recording, and printing and reprographic technique;
    2. in the scope of trading the original or copies on which the Content has been recorded – placing on the market the original or copies of the Content;
    3. in the scope of distributing the Content in a way other than specified in point (b) above – public performance, exhibition, display, playback, broadcasting, and rebroadcasting, as well as making the Content available to the public in such a way that everyone can have access to it at the place and time of their choice, including sharing the Content on the internet.
  11. The Partner undertakes to comply with the scope of the abovementioned licenses; the use of the Content covered by them will not infringe any third-party copyright, including personal copyrights, in particular as regards the right to mark the Content with the author's name.
  12. The scope of the license indicated in paragraph 10 above includes Glowcheck's rights:
    1. to use the Content as part of the Application — (i) to ensure the functioning, promotion, and advertising of the Application and Content contained in the Application by third parties and to inform about the activities of the Partner(s) and the functioning of the Application and (ii) after the Partner's resignation from using the services provided by Glowcheck;
    2. to use the Content provided by the Partner in the Application without territorial restrictions;
    3. to grant further licenses for the use of Content within the limits of the license held.
  13. If the Partner has included in the Application Content containing the image of a third party, the Partner declares and guarantees that they have the authorization of that person to use their image, and that placing the Content in the Application, granting the License to Glowcheck in accordance with Section III, paragraph 1, and the use of Content by Glowcheck under the terms of the License will not in any way infringe the rights of that person.
  14. The Partner hereby indemnifies Glowcheck and accepts full liability for any and all damages and costs incurred and/or suffered by Glowcheck in connection with the Content published by the Partner.
  15. The Partner is liable for their own actions and omissions and for the actions and omissions of any employees, affiliates, associates, or third parties engaged by the Partner in respect of this Agreement.
  16. In addition, the Partner undertakes to:
    1. enable Glowcheck to verify the Content of the Application and Accounts and Profiles in terms of their authenticity and compliance with this Agreement, in particular by providing a current phone number and providing additional explanations;
    2. not use any content owned by Glowcheck for purposes other than the correct use of the Application;
    3. not use any content of other Partner(s) or Customers without their express written consent;
    4. not carry out, including through the Application, any activity or post in the Application, in any social media profiles (Facebook, Instagram and TikTok), Partner's Account or Profile any Content (including information, photos, texts and others) that is: (i) violating the law, contrary to good morals or rules of social coexistence (including: pornographic, sexually suggestive, or aiming to promote a particular service through content of a sexual, ambiguous or unethical nature); (ii) related to drugs, legal highs, alcohol or other stimulants, as well as the organization of gambling; (iii) violating the rights and personal rights of third parties; (iv) violating the rules of fair competition; (v) violating the provisions of the Terms of Service; (vi) related to or referring to tantra and practices similar to it; or (vii) harming the good name, reputation or standing of Glowcheck ("Prohibited Activities" and "Prohibited Content" respectively);
    5. use the Application only in a manner consistent with its purpose;
    6. not copy, modify, distribute or reproduce all or part of the Application;
    7. not advertise products whose advertising is prohibited or subject to restrictions in accordance with applicable law, including but not limited to the advertising of alcohol, tobacco, medicinal products, narcotics, and weapons;
    8. not give third parties access to the Application except for employees and associates authorized by them — only the Partner is responsible for the confidentiality and security of their Account, including keeping secret passwords and login credentials;
    9. inform Glowcheck immediately of any unlawful use of their Account by third parties;
    10. inform Glowcheck immediately if third parties pursue their claims in connection with a violation of the law by the Partner using the Application.
  17. In the unlikely event that the Partner experiences irregularities in the operation of the Application, these should be reported to Glowcheck via email to support@glowcheck.app for review and investigation.

VI. Fees

  1. The Partner is obliged to pay Glowcheck the Fees for using the Application, in the amounts specified in the Partner Account, available in the Application.
  2. Glowcheck offers two methods of payment for the Glowcheck Subscription and Additional Employees, to be chosen at the Partner's discretion:
    1. monthly billing ("Monthly Subscription"); and
    2. billing in a cycle longer than one month ("Long-Term Subscription").
  3. Important information regarding the Long-Term Subscription:
    1. The Long-Term Subscription covers a billing period longer than one month and not exceeding 12 months.
    2. It is payable in a single, upfront payment, calculated according to the following formula: (Glowcheck Subscription price + fee for the number of Additional Employees at the time of activation of the Long-Term Subscription) × (number of months of the Long-Term Subscription).
    3. The price of the Long-Term Subscription does not include services other than those indicated under item (b) above. This means that if, after activating the Long-Term Subscription, the Partner adds additional Additional Employees or uses other Glowcheck services, such fees will be settled separately on a monthly basis ("Additional Services to the Long-Term Subscription").
    4. The fee for the Long-Term Subscription is non-refundable. The Partner may not resign from the Long-Term Subscription during the Long-Term Subscription Term or receive a refund of the paid fee or any proportionate part thereof. If the Partner reduces the number of Additional Employees compared to the number in place at the time of activation of the Long-Term Subscription, no proportionate refund of the prepaid and unused Long-Term Subscription shall be made. This section is without prejudice to the rights of the Partner and Glowcheck referred to in Section IV, paragraph 3(a) of these Terms of Service.
  4. Failure to pay the Fee within 14 days of the first payment attempt by Glowcheck will result in the suspension of the use of Glowcheck services as part of the Application, and a block will be put on the Partner's Account. The services will be resumed and the account will be unblocked within 12 hours on the next business day (Monday–Friday, from 9:00 am to 5:30 pm, excluding public holidays) after successful payment of the outstanding Fee.
  5. To confirm that the payment card information the Partner has provided is accurate, Glowcheck may place a temporary EUR 1.00 authorization hold on their debit or credit card at the time the Partner provides payment card information through the Glowcheck Application. After Glowcheck verifies that the payment card information is accurate, usually within a few days, the EUR 1.00 hold will be removed. In no event will the Partner's payment card be charged for this EUR 1.00 authorization.
  6. Invoices are only available electronically on the Partner's Profile, which the Partner expressly accepts. Glowcheck invoices are not sent by post or e-mail.
  7. Any complaint by the Partner concerning the invoice must be made by means of a reasoned request sent to info@glowcheck.app or via the Chat in the Application, within 7 (seven) calendar days from the date of issue of the invoice. In the absence of such a request, the Partner will be deemed to have accepted the invoice.

VII. Glowcheck's Rights and Responsibility

  1. Glowcheck is entitled to carry out verification activities aimed at checking the information contained in the Application and Accounts and Profiles in terms of their authenticity and compliance with this Agreement and any applicable laws and regulations.
  2. In case of:
    1. Glowcheck receiving an official notice, other information or otherwise obtaining an assumption that the Partner is conducting Prohibited Activities or publishing Prohibited Content;
    2. the Partner's violation of the terms of the Agreement, including the provisions of the Terms of Service, or acting in a manner intended to circumvent them, including manipulation of the price offered by the Partner for the Partner's Service or the status of a Booking;
    3. Partner's insulting behavior towards Customers, other Partners, employees and associates of Glowcheck (including through threats or use of vulgarities); or
    4. Glowcheck becoming aware of: (i) the Partner's behavior that endangered the Customer's health or caused injury or other damage to the Customer's health; or (ii) repeated complaints or negative feedback from Customers regarding the Partner's level of service or other behavior toward Customers or accompanying the provision of services;
  3. Glowcheck has the right to take one or more of the following remedial actions:
    1. request the Partner to immediately remove Prohibited Content from the Application / Profile or update the Prohibited Content, or block access to the Prohibited Content contained in the Application / Profile;
    2. request the Partner to immediately stop conducting Prohibited Activities or violating or circumventing the Agreement, including the Terms of Service;
    3. request the Partner to immediately submit to Glowcheck their position and any evidence of the legality of the Partner's operation in the Application / Profile;
    4. refuse to post any Content in the Application / Profile, immediately blocking access to the Content contained in the Application / Profile, and/or deleting Content from the Application / Profile;
    5. block or deletion of the Partner's Account / Profile or termination of the Agreement immediately without notice.
  4. Glowcheck reserves the right to exercise the rights referred to in paragraph 3 above at its own discretion.
  5. Except in urgent cases, Glowcheck will notify the Partner via email or via the Application of its intention to carry out one or more of the activities detailed in paragraph 3 above.
  6. In the event of any claims being made to Glowcheck or a request to disclose Partner's data by authorized bodies or by an entity intending to pursue claims, Glowcheck is entitled to familiarize itself with the facts and to possibly secure and forward the Partner's data and other information contained in the Application, as necessary for the implementation and processing of any claims or requests.
  7. To the extent permitted by applicable law, Glowcheck's total liability under this Agreement — whether for failure to comply with its terms or failure to use reasonable care and skill — is limited in the aggregate to the sum of Glowcheck's remuneration received from the Partner within three months before the date of the damage. Glowcheck shall not be liable for any loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill, nor for any loss or corruption of data, databases, or software, nor for any personal injury or death arising out of or related to the Partner's use of or inability to use the Application, nor for any special, indirect, or consequential loss or damage — unless caused by Glowcheck's gross negligence or willful misconduct. Nothing in this Agreement shall limit or exclude Glowcheck's liability where such limitation or exclusion is not permitted under applicable Italian or European Union law.
  8. Glowcheck does not bear any responsibility towards Users related to the Service, including payment by the Customer for the Service. In addition, Glowcheck is not liable to Partner(s) for:
    1. taking any actions referred to in paragraph 3 above;
    2. interruptions in the operation of the Application arising from reasons beyond the control of Glowcheck, in particular those constituting force majeure;
    3. functioning of ICT systems and telecommunications networks when making payments via the Application;
    4. problems or technical difficulties on the part of the Partner related to the operation of computer or telecommunications equipment that impede or prevent the use of the Application or services offered through it;
    5. damages caused by Users in connection with the operation of the Application or their activities in it, including those related to the violation of any laws, the unauthorized use of data made available through the Application, providing false and incomplete data, and outdated information or failure to update it;
    6. damages caused by Users through violation of the rights of third parties, as well as damages caused by the actions of third parties;
    7. damages caused by Users in connection with their improper performance or non-performance of contracts accepted via the Application;
    8. damages incurred by Partner(s) in connection with blocking or deleting an Account from the Application.
  9. Glowcheck has the right to temporarily cease to provide access to the Application in the event of a breakdown, inspection, or improvements of the ICT system belonging to Glowcheck. In the event of complete deactivation of the Application, an appropriate message will be published on the Glowcheck website.
  10. If this Agreement is terminated for any reason, the Partner's Account and all related data and information will be permanently blocked, and any License granted under this Agreement will cease with immediate effect. Glowcheck will notify the Partner in the event of termination and/or permanent blocking of the Account. In the event of termination of this Agreement by Glowcheck and permanent blocking of the Account, the Partner shall not be entitled to any claims related to Glowcheck. At the Partner's request, Glowcheck will provide them with the Partner's data and information stored by them in the Application within 3 months of the termination of this Agreement. After this date, any and all data will be deleted.
  11. Glowcheck, in accordance with Article 6 of the DSA, shall not be liable for content stored in the System after it has been entered by the Partner in situations where:
    1. it does not have actual knowledge of the illegal activity or illegal content, and with respect to claims for damages, it does not know about the facts or circumstances that clearly prove the illegal activity or illegal content; or
    2. it takes prompt appropriate action to remove or prevent access to illegal content when it obtains such knowledge.

  12. Disclaimer of Warranties.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. GLOWCHECK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLOWCHECK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, THE PARTNER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. Nothing in this paragraph shall affect any rights that cannot be excluded or limited under applicable Italian or European Union consumer or business protection law. Partners who are subject to mandatory statutory protections under their applicable national law retain all rights granted thereunder, and the above disclaimers apply only to the extent permitted by such law.

VIII. Complaints. Notification of Prohibited Content

  1. Irregularities in the operation of the Application, including interoperability and error removal, may be claimed by Partners by proper notification to Glowcheck.
  2. Complaints should be submitted via email to info@glowcheck.app.
  3. Complaints will be considered within 30 days of their receipt. In complicated cases or when the complaint cannot be resolved within the above deadline for reasons not attributable to Glowcheck, Glowcheck reserves the right to extend the deadline for examining the complaint to a maximum of 8 weeks.
  4. Glowcheck's decision on the complaint will be final and will be sent to the email address indicated in this Agreement or relevant Registration as applicable.
  5. Anyone may report to Glowcheck information that they consider to be Prohibited Content.
  6. Within six months from the date of notification by Glowcheck of the decision, the notifier or the Partner in the matter concerning them may submit a free of charge complaint using the form provided. Glowcheck will consider the complaint within a reasonable time. The complaint referred to in the preceding sentence is available to:
    1. the notifier on decisions regarding the notification referred to in paragraph 5 above;
    2. the Partner on decisions to remove information or prevent access to it, or limit the visibility of information;
    3. the Partner on decisions to suspend or terminate the service, in full or in part;
    4. the Partner on decisions to suspend or close their Account;
    5. the Partner in the matters referred to in the P2B Regulation.
  7. The Partner or the notifier, after receiving the decision referred to in paragraph 6 above, has the option to use any of the certified bodies for out-of-court dispute resolution.
  8. In case of:
    1. frequent publication of manifestly illegal content;
    2. frequent submitting of manifestly unfounded notices as referred to in paragraph 5 above; or
    3. frequent submitting of manifestly unfounded complaints as referred to in paragraph 6 above;
    Glowcheck shall, after issuing a prior warning, suspend for a reasonable period of time, as appropriate, the provision of services to the Partner (letter a), the ability to process notices through the mechanism referred to in paragraph 5 above (letter b), or the ability to submit complaints as referred to in paragraph 6 above (letter c).
  9. In deciding on the application of the sanctions referred to in paragraph 8 above, Glowcheck shall, with due diligence, take into account all relevant facts and circumstances based on available information, including in particular:
    1. the number of manifestly unfounded notices or complaints that were respectively transmitted, made or submitted during the relevant period;
    2. the relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame;
    3. the gravity of the misuses and of their consequences;
    4. the intention of the Partner or the notifier referred to in paragraph 6 above, if such intention can be identified.

IX. Technical Requirements

  1. In order to use the Application, it is necessary to have devices that allow access to the internet, email, and a web browser. The use of Glowcheck services via the Application requires an active internet connection. Using the Application on a mobile device requires a functional mobile device. The Partner is fully responsible for taking care of all the technical requirements of the mobile device, its configuration, software update, and internet access.
  2. Requirements that mobile devices must meet: iOS (Apple) operating system not older than version 18.0.
  3. Requirements that must be met by computers (laptops, PCs): the ability to run the Chrome web browser in the latest version available and access to the internet.
  4. Glowcheck uses cookies, which enable the collection of information related to the use of the Application. Cookies are text files that are saved on the hard disk of the computers of persons visiting the Application in order to save information and data on the use of the Application. Failure to enable cookies may result in irregularities or difficulties in the operation of the Application.
  5. Most used web browsers (e.g., Firefox, Google Chrome, or Internet Explorer) contain the option of rejecting the command to store cookies. The user can independently set the browser to reject requests for storing cookies at all or only selected cookies.
  6. Particular threats related to the Users' use of the Application include providing login data to unauthorized persons who may intentionally change the configuration of the Partner Profile. This applies in particular to essential elements of the Profile, such as the types of Services offered, price lists, photos, and other information about the Partner. Therefore, it is recommended to keep secret system passwords, as well as separately configure access to the Application for the Partner's employees.

X. Personal Data. Privacy

  1. By using the Application, the Partner agrees that Glowcheck may collect and use their personal data and the personal data of its Customers. Glowcheck shall use the personal data collected through the Application only as described in the Personal Data Processing Agreement (Annex 1) and in accordance with the GDPR.
  2. The Partner further agrees that Glowcheck may collect and use technical data and related information — including but not limited to technical information about the Partner's device, operating system, application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application. Glowcheck may use this information, provided it is in a form that does not personally identify the Partner, to improve its products and services or to provide new services and technologies to the Partner. Such technical data shall be collected and processed in accordance with the Privacy Policy and, where applicable, the GDPR.

XI. Export Compliance

  1. The Partner may not use, export, or re-export the Application except as authorized by Italian law, European Union law, and the laws of the jurisdiction in which the Application was obtained. In particular, and without limitation, the Application may not be exported or re-exported: (a) into any country subject to embargo or trade sanctions imposed by the European Union, the United Nations, or the United States of America; or (b) to any person or entity appearing on any applicable restricted-party list maintained by competent authorities, including the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
  2. By using the Application, the Partner represents and warrants that they are not located in any such embargoed or sanctioned country, and are not on any such restricted-party list. The Partner further agrees not to use the Application for any purpose prohibited by applicable law, including without limitation the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology.

XII. Final Provisions

  1. Glowcheck reserves the right to amend the Terms of Service, including its integral parts and other documents used by Glowcheck, for a valid reason. A valid reason includes:
    1. to comply with generally applicable laws, interpretations or guidelines of a competent authority;
    2. the issuance of a judgment, decision or other similar act by a court or a competent authority;
    3. to prevent violations of the Terms of Service or to prevent abuse, as well as to remove ambiguities or doubts of interpretation regarding the content of the Terms of Service;
    4. changes in the names, addresses or company data indicated in the content of the Terms of Service;
    5. changes in technical parameters or functionality of the System;
    6. changes in the scope, form or conditions of the Glowcheck Services.
  2. Glowcheck shall notify the Partner of the changes to the Terms of Service via email sent to the email address associated with the Partner's Account at least 15 days before they become effective. The Partner may not accept the changes, in which case the Partner has the right to terminate the Agreement with immediate effect by submitting an appropriate written or documentary statement in accordance with Section IV, paragraph 4 of the Terms of Service within 15 days of receiving the notification of the change.
  3. Glowcheck may change the Terms of Service without observing the notification period referred to in paragraph 2 above in the event that Glowcheck:
    1. is subject to a legal or regulatory obligation which requires changing the Terms of Service in a manner that does not allow Glowcheck to respect the notification period; or
    2. has exceptionally to change its Terms of Service to address an unforeseen and imminent danger related to the protection of Glowcheck's Services, Customers or Partners from fraud, malware, spam, data breaches or other cybersecurity threats.
  4. This Agreement shall be construed in accordance with the laws of Italy, and the parties agree to submit to the jurisdiction of the Italian courts.
  5. The integral parts of the Agreement are the Annexes to these Terms of Service, i.e.:
    1. Annex 1 to the Terms of Service of the Glowcheck Application – Personal Data Processing Agreement.

Annex I: Data Processing Agreement

This Data Processing Agreement ("Agreement") forms part of the Contract for Services ("Principal Agreement") between the Partner and Glowcheck (the "Data Processor") (together as the "Parties").

(A) The Partner acts as a Data Controller.

(B) The Partner wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

(D) The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:

  1. 1.1.1 "Agreement" means this Data Processing Agreement and all Schedules;
  2. 1.1.2 "Partner Personal Data" means any Personal Data Processed by a Contracted Processor on behalf of Partner pursuant to or in connection with the Principal Agreement;
  3. 1.1.3 "Contracted Processor" means a Subprocessor;
  4. 1.1.4 "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
  5. 1.1.5 "EEA" means the European Economic Area;
  6. 1.1.6 "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
  7. 1.1.7 "GDPR" means EU General Data Protection Regulation 2016/679;
  8. 1.1.8 "Data Transfer" means:
    1. 1.1.8.1 a transfer of Partner Personal Data from the Partner to a Contracted Processor; or
    2. 1.1.8.2 an onward transfer of Partner Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
  9. 1.1.9 "Services" means the services the Partner provides.
  10. 1.1.10 "Subprocessor" means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Partner in connection with the Agreement.

1.2 The terms "Commission", "Controller", "Data Subject", "Member State", "Personal Data", "Personal Data Breach", "Processing" and "Supervisory Authority" shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

2. Processing of Partner Personal Data

2.1 Processor shall:

  1. 2.1.1 comply with all applicable Data Protection Laws in the Processing of Partner Personal Data; and
  2. 2.1.2 not Process Partner Personal Data other than on the relevant Partner's documented instructions.

2.2 The Partner instructs Processor to process Partner Personal Data.

3. Processor Personnel

Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Partner Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Partner Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual's duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Partner Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

5. Subprocessing

5.1 Processor shall not appoint (or disclose any Partner Personal Data to) any Subprocessor unless required or authorized by the Partner.

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist the Partner by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Partner obligations, as reasonably understood by Partner, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

  1. 6.2.1 promptly notify Partner if it receives a request from a Data Subject under any Data Protection Law in respect of Partner Personal Data; and
  2. 6.2.2 ensure that it does not respond to that request except on the documented instructions of Partner or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Partner of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

7.1 Processor shall notify Partner without undue delay upon Processor becoming aware of a Personal Data Breach affecting Partner Personal Data, providing Partner with sufficient information to allow the Partner to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the Partner and take reasonable commercial steps as are directed by Partner to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation

Processor shall provide reasonable assistance to the Partner with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Partner reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Partner Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or Return of Partner Personal Data

9.1 Subject to this section 9, Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Partner Personal Data (the "Cessation Date"), delete and procure the deletion of all copies of those Partner Personal Data.

10. Audit Rights

10.1 Subject to this section 10, Processor shall make available to the Partner on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Partner or an auditor mandated by the Partner in relation to the Processing of the Partner Personal Data by the Contracted Processors.

10.2 Information and audit rights of the Partner only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.

11. Data Transfer

11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Partner. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement ("Confidential Information") confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that: (a) disclosure is required by law; (b) the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

13. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of Italy.

13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Milan, Italy.