GENERAL TERMS AND CONDITIONS OF USE (“TERMS OF USE”)

This document governs the “General Terms and Conditions” of access to and use of the service called “IMBUED” (the "Service" or "Services") by its users (the “Users”), as described herein. The Service is designed, developed and managed by Alobar Ltd UK, with registered office in 9 Sandys Row, London, England, E1 7HW (the “Provider”), through its digital platform made available to Users via a mobile application (the “App”).
These General Terms and Conditions constitute the entire agreement between Alobar Ltd UK and the Users and shall apply to every agreement entered into by the Parties for the provision of the Services offered by the Provider. Such agreement, together with the Privacy Policy and the Community Guidelines, constitutes the entire agreement between Alobar Ltd UK and the Users, and shall be deemed concluded upon registration through the App. The User acknowledges that these General Terms and Conditions govern only the contractual relationship between the Provider and the User, and do not regulate the relationship between the User and any App store or digital distribution platform from which the App is downloaded.
Should any provision of this agreement be deemed unenforceable, this shall not affect the lawfulness, validity, or enforceability of the remaining provisions of these General Terms of Use.
Should the User breach these General Terms and Conditions and Alobar Ltd UK not immediately take action, this shall not constitute a waiver of any rights by Alobar Ltd UK, which may still act at any time in the future.
Alobar Ltd UK reserves the right to revise, at its sole discretion and at any time, these General Terms and Conditions, as well as the features and terms of provision of the Service. Any such changes shall be notified to the Users at the email address provided upon registration, with at least 15 (fifteen) days' notice prior to their entry into force, except where a shorter notice is required by applicable law. As a result of such changes, the User shall have the right to freely withdraw from the Service.
For any questions regarding these General Terms and Conditions, the Provider may be contacted at: info@imbued.art.

These General Terms of Use were last updated on 12/08/2025.

Definitions
“App” means the mobile application known as “IMBUED”, made available by Alobar Ltd UK through the Google Play Store, Apple App Store and/or other digital marketplaces.

“Data” means all information that may be linked to the User and to the use of the Service. This includes, among others, Personal Data.

“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more elements specific to that natural person's physical, physiological, genetic, mental, economic, cultural or social identity, as defined in Article 4 of Regulation (EU) 2016/679 (commonly referred to as the GDPR).

“Provider” means Alobar Ltd UK, the owner and operator of the “IMBUED” App.

“User” means any individual who makes use of the Service provided by Alobar Ltd UK, upon acceptance of these General Terms and Conditions, the Privacy Policy, and the Community Guidelines.

Description of the Services
Through the IMBUED App, Users may access a social platform focused on the sharing and promotion of visual art and creativity, which allows them to: create a personal profile, choosing whether to register as a standard user or as a professional user (e.g., museums, galleries, artists);
explore art collections, organised by museum, artist, category, or emotions;
create, edit, and publish original content (referred to as “Artwork”), including through integrated graphic editing tools (e.g., filters, music, stickers, collages, layouts, effects);
upload images of existing works, create customised collections, and develop “COVERs”, i.e., visual narratives inspired by art;
interact with other users’ content through comments, shares, reactions (e.g., “COOL!”), hashtags, and collection of COVERs;
publish and promote their own Artwork also outside of the platform and, where available, monetise such content through the creation and sale of NFTs (non-fungible tokens).
In addition to its social features, the App is designed to support the study of cognitive, emotional, and social dynamics related to the enjoyment and creation of artistic content. To this end:
all user interaction and usage data collected through the App is processed in anonymous and aggregated form for the purposes of scientific research; the analyses conducted do not in any way permit the personal identification of users and are carried out in full compliance with applicable data protection legislation (EU Regulation 2016/679 – GDPR).
By using the App, the User consents to the use of their usage data for the purposes described above, in accordance with the App’s Privacy Policy. Registration process
Registration for the Service takes place through the App and entails acceptance of these General Terms and Conditions and the Privacy Policy. The User also undertakes to comply with the Community Guidelines.
To use the Service, the User must provide certain data and information in order to fully benefit from the resources made available by the Provider. During the registration process, the User provides the Platform with certain data, including but not limited to:
Personal and identification data (e.g., first name, last name, tax code, residential address, or – in the case of legal entities – business name, VAT number, registered office);
Contact information (e.g., email address and telephone number).
The User agrees and undertakes not to impersonate any other person or entity, nor to use fictitious names or provide false or misleading information regarding their affiliation with any individual or organization.
The User is solely responsible for keeping their data and information up to date and acknowledges that the Provider shall not be held liable for any consequences arising from the failure to do so.
Upon accepting these General Terms and Conditions, the User shall choose appropriate credentials (user ID and password) to access the Service. The User may, at any time and for security reasons, change their password.
It is the User’s responsibility to safeguard their user ID and password, adopting all appropriate measures to prevent them from being disclosed to third parties or used without authorization. To this end, the User expressly releases Alobar Ltd UK from any liability arising from the unauthorized or unlawful use of their access credentials by third parties.
Alobar Ltd UK reserves the right to implement additional secure authentication procedures for access to the Service and will notify the User of such measures by email.
Should the User provide false, inaccurate, outdated, or incomplete information, the Provider shall have the right to suspend or permanently deactivate the User’s account and to prevent any future use of the Service.
The User acknowledges that their App access credentials are personal and confidential, and undertakes to keep them secret, not to share them with anyone, and not to allow third parties to access the Service using their credentials.

4. Limitations of the Service
Use of the App and the related Service is permitted exclusively to Users who are at least 13 years of age. However, Users under the age of 18 must ensure that their use of the App occurs under the supervision and responsibility of a parent or legal guardian at all times.
In accordance with applicable data protection laws, in particular Article 8 of EU Regulation 2016/679 – GDPR and Article 2-quinquies of the Italian Personal Data Protection Code (Legislative Decree No. 196/2003), Users under the age of 14 may use the App only after obtaining consent from the holder of parental responsibility.
The Provider reserves the right to request proof of age and/or parental or guardian consent at any time, and to suspend or delete the account in the absence of such proof or in the event of non-compliant use.
Parents and legal guardians are responsible for any activity performed online by minors through the App, and they undertake to monitor appropriate use of the platform.
The Provider retains sole discretion in determining whether to grant access to the Services to any User.
By registering on the App and accepting these General Terms and Conditions, the User undertakes to read and fully comply with the Community Guidelines for the entire duration of their use of the Service.
The Provider reserves the right to limit or revoke access to the IMBUED App and its Services in the event of improper or unauthorized use by the User.
Without prejudice to the Provider’s commitment to deliver the Service with reasonable care and diligence and to the best of its ability, the following limitations apply: a) The Provider does not guarantee uninterrupted availability of the Service, which may be subject to temporary interruptions and/or modifications due to regular maintenance or upgrading of systems and/or network devices; b) The Provider guarantees to adopt the best-known technologies at its disposal with regard to the security of User Data.
The User acknowledges that the Provider shall in no case be held liable for any inaccessibility or malfunction of the Service due to issues related to the internet network and/or connectivity.

5. User Obligations
The User shall be liable for any and all damages arising from, resulting from, or in any way connected to their use of the Service and/or the App, and agrees to indemnify and hold the Provider harmless against any damages suffered by the Provider as a result of such use.
The User is also responsible for the choice and use of any software, devices, or services employed to access and use the Service and the App, as well as for the proper maintenance and updating of the operating systems necessary for their optimal functionality.
The User undertakes to use the Services and the App in compliance with these General Terms and Conditions, the Community Guidelines, and all applicable laws and regulations, with particular regard to intellectual property, copyright, trademark rights, and personal data protection laws. In particular, without limitation, the User undertakes and guarantees that they shall:
not upload, transmit, publish, or otherwise make available through the App any content that infringes upon the rights of third parties, including but not limited to copyrights, related rights, trademark rights, trade secrets, patents, image rights, and rights to privacy;
not use the Services or the App for any unlawful or unauthorized purpose, or in violation of any laws, regulations, or orders issued by competent authorities;
not engage in activities that may damage, compromise, or otherwise interfere with the proper functioning of the App, the Provider’s IT systems, or those of third parties, including through the introduction of viruses, malware, or other harmful code;
not attempt to access, tamper with, or use restricted areas of the App or any IT systems connected to the Service without proper authorization. The User is solely responsible for any improper, unlawful, or otherwise non-compliant use of the App and/or the Services and shall be fully liable for any direct or indirect, pecuniary or non-pecuniary damages caused to the Provider or to third parties, arising from or in any way attributable to the use of the Services or the App.
The User further agrees to indemnify and hold harmless the Provider from and against any claim, demand, sanction, charge, or expense, including legal fees, that may result from non-compliant behavior by the User or by third parties acting on their behalf or using their credentials. Failure to comply with this Section 5 shall constitute a material breach of the Agreement.

6. Limitations of Liability of the Provider
The User acknowledges and agrees that use of the App and the Services is undertaken entirely at their own risk. In particular, the User acknowledges and agrees that:
the Provider does not warrant that the Service and/or the App will meet any specific needs, expectations, or results anticipated by the User, nor that they will be free from errors, interruptions, or malfunctions;
the Provider shall under no circumstances be held liable for any direct, indirect, consequential, incidental, special, or punitive damages of any kind, including but not limited to economic or commercial damages, loss of profits, revenue, data, or business opportunities, that may be suffered by the User or any third party in connection with access to, use of, or inability to use the Service and/or the App.
Furthermore, the Provider disclaims all liability for:
any content, information, or conduct attributable to other Users or third parties using the Service, including but not limited to acts of defamation, infringement of intellectual property rights, invasion of privacy, or any other unlawful or harmful conduct;
any damage or malfunction resulting from software, devices, operating systems, or connections used by the User to access the Service and/or the App; any force majeure events or circumstances beyond its reasonable control, including but not limited to network service interruptions, system failures, cyberattacks, pandemics, natural disasters, or government actions.
Except as otherwise mandatorily provided by applicable law, the Provider assumes no liability whatsoever for damages of any kind.

7. License to Use the App
The Provider grants the User a limited, non-exclusive, non-transferable, and revocable license, solely for the purpose of downloading, installing, and using the “IMBUED” App, in accordance with these General Terms and Conditions.
This license does not entail any transfer of intellectual property rights over the App, the software, or any other component of the Service. The User is expressly prohibited from:
selling, sublicensing, distributing, transferring, assigning, or otherwise making the App or the Services, in whole or in part, available to third parties;
copying, modifying, translating, decompiling, disassembling, reverse engineering, or performing any other operation intended to derive the source code—whether in whole or in part—of the App, the software, or any component of the Service, except where expressly authorized in writing by the Provider or to the extent permitted by law;
accessing or attempting to access the App through unauthorized technologies or methods, including VPNs, proxy servers, or tools designed to bypass geographic or security restrictions;
using the App or the Services in a manner that infringes the intellectual property rights or other rights of the Provider or any third party. The User acknowledges that they are solely responsible for their use of any software, hardware, and/or Services made available by the Provider, and undertakes not to infringe any intellectual property rights related to such tools.

8. Rights on the User-Generated Content
The User retains full ownership of all rights related to the content, data, images, text, videos, multimedia materials, or other materials (“User Content”) that they upload, transmit, share, or otherwise make available through the App.
By publishing User Content on the App, the User grants the Provider a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, and perpetual license to use, reproduce, modify, adapt, publish, distribute, communicate to the public, display, and perform such User Content by any means and on any medium, exclusively for purposes related to the operation, enhancement, promotion, and development of the App and the Services. The User warrants that they hold all necessary rights, licenses, and authorizations to publish such content and to grant the aforementioned license, and agrees to indemnify and hold the Provider harmless from any claim, demand, or action brought by third parties in connection with the User Content published on the App.
The Provider reserves the right, at its sole discretion and without prior notice, to remove, restrict, or block access to any content or information published by the User which is, even potentially:
in breach of these General Terms and Conditions;
in breach of the Community Guidelines;
in violation of applicable laws, including but not limited to laws on intellectual property, privacy, child protection, anti-pornography, and prohibitions on hate speech, violence, or discrimination;
offensive, defamatory, obscene, or otherwise inappropriate with respect to the nature and purposes of the App.
This right may also be exercised where required by law or in response to reports made by other users or competent authorities.
In the event of serious or repeated violations of these General Terms or of applicable laws, the Provider may, at its discretion, proceed with the temporary suspension or permanent deactivation of the User’s account, without prejudice to its right to seek compensation for any damages incurred.

9. Intellectual Property of the Provider
All components of the App and the Service, including but not limited to: source code, graphic design, user interface, text, trademarks, logos, trade names, images, sounds, videos, layout, and any other technical and/or visual content or element, are the exclusive property of the Provider or licensed to the Provider, and are protected by applicable intellectual and industrial property laws, including, where applicable, international conventions.
The User undertakes not to copy, reproduce, translate, modify, decompile, disassemble, create derivative works from, distribute, transfer, communicate to the public, display, transmit, stream, broadcast, or otherwise economically exploit in any form the content, information, and materials contained in or related to the App or the Service, without the Provider’s prior written consent.
The User is also expressly prohibited from:
linking to, duplicating, framing, or embedding any part of the App or its content into other websites or applications;
using software, bots, scrapers, spiders, or other automated tools to extract, index, monitor, or analyze data, content, or information available on the App;
attempting to gain unauthorized access to any component of the App or the Service, or to the related IT systems, networks, or databases, or to compromise, bypass, or interfere with the security measures implemented by the Provider.
Any unauthorized use of the materials or content on the App shall constitute a violation of Alobar Ltd UK’s intellectual property rights and may give rise to civil and/or criminal liability for the responsible party.

10. Governing Law and Jurisdiction
These General Terms and Conditions shall be governed by and construed in accordance with the laws of Italy.
Any dispute arising between the parties concerning the validity, interpretation, performance, or termination of these General Terms and Conditions shall first be submitted to mediation proceedings, pursuant to Legislative Decree No. 28/2010, as amended and supplemented by Ministerial Decree No. 180/2010.
Should the mediation attempt fail, the dispute shall be submitted to the exclusive jurisdiction of the Court of Rome, Italy.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User expressly declares that they have carefully read, understood, and accept the content of the following clauses:
4. Limitations of the Service; 5. User Obligations; 6. Limitations of Liability of the Provider; 7. License to Use the App; 8. Rights to User-Generated Content; 9. Intellectual Property of the Provider; 10. Governing Law and Jurisdiction.