1. INTRODUCTION

Thanks for visiting VANDALEAK.COM (“Website” or a “Service”) and / or downloading the VANDALEAK
APP (an “App Service”, and jointly with the Website, the “Services”). The Services were conceived,
developed, produced and are operated by Biokip Labs (“Biokip”, “we”, “our”, “us”). These Terms of
Service (“Terms” or “Terms of Service”) govern the relationship between you and Biokip regarding your
use of our Services. Our Privacy Policy also governs your use of our Services and explains how we
collect, safeguard and disclose information that results from your use of our Services. Your agreement
with us includes these Terms and our Privacy Policy (“Agreements”).

BY VISITING, ACCESSING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE AGREEMENTS, AND
AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE (OR CANNOT COMPLY) WITH THE
AGREEMENTS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE
SERVICES IS VOID WHERE PROHIBITED. THESE TERMS APPLY TO ALL VISITORS, USERS, AND
OTHERS WHO WISH TO ACCESS OR USE THE SERVICE.

 

2. AMENDMENTS TO TERMS

We reserve the right to revise, update or modify at any time, from time to time and without prior notice the
Terms (“Amendments to Terms”). Any such Amendments to Terms will be effective immediately upon
being posted through the Services. Therefore, it is your responsibility to review these Terms periodically
at the Terms of Service area in the Services. Your continued use of the Services following the posting of
the Amendments to Terms shall mean your acceptance and agreement to the Terms as amended by the
Amendments to Terms. If you do not agree to the Terms as amended by the Amendments to Terms, you
must immediately stop using or otherwise accessing the Services.

 

3. CHANGES AND IMPROVEMENTS TO SERVICES

We reserve the right to: (a) amend or discontinue our Services, including by amending, limiting or
discontinuing any feature of the Services and / or (b)restrict access to the Services, or any part(s) thereof
to any user or users, including registered users, at any time, in our sole discretion and without notice. We
will have no liability whatsoever on account of any action taken by us pursuant to this provision.

 

4. AGE RESTRICTION

You may use the Services only if: (a) you are 13 years of age or older or (b) you are between 13 and 17
years of age, or a minor according to laws applicable to you, a holder of parental responsibility over you
has reviewed and agreed to the terms of the Agreements and has given you permission to access and
use our Services (each, an “Authorised User”). If none of the above applies to you, please do not access
nor use the Services.

Furthermore, as an Authorised User you shall restrict any use and deny any access to the Services on
any device that you own or control to a minor according to the laws applicable to you. You shall be solely
responsible for any unauthorized access and / or use of the Services by anyone other than an Authorized
User, including for any payments debited to you as a result of such unauthorized access and /or use.

 

5. LICENSE AND LIMITATIONS

Subject to your agreement to and continued compliance with these Terms of Service and any other
relevant policies we may adopt from time to time, we grant you a personal, non-exclusive, non-
transferable, revocable and limited license to access and use the Services on compatible devices that
you own or control for your personal non-commercial entertainment purposes. You agree not to use the
Services for any other purpose.

[You may be required to choose a username for your use in the Services. We reserve the right to remove
or reclaim any usernames at any time and for any reason, including without limitation offensive names or
due to claims by a third party that a username violates such third party’s rights.

You are responsible for maintaining the confidentiality of the user account associated to your device(s).
You agree to accept responsibility for any and all activities or actions that occur under your user account.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of
your user account.

 

6. ALLOWED USES AND RESTRICTIONS

You may use the Services only for lawful purposes and in accordance with Terms.

By way of example, and not as a limitation, you agree that when using the Services, you will not:

6.1. engage in a conduct that in any way violates, or encourages any conduct that would or could
violate, any applicable laws or regulations or would or could give rise to civil liability;
6.2. exploit, harm, or attempt to exploit or harm minors in any way by exposing them to
inappropriate content or otherwise;.
6.3. upload, post, e-mail, transmit or otherwise make available any unlawful, inappropriate,
abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable or offensive information or engage in ongoing toxic behavior, such as, and not
limited to, by repeatedly uploading, posting or e-mailing information on an unsolicited basis;
6.4. upload, post, e-mail, transmit or otherwise make available any information that contains nudity,
excessive violence, or offensive subject matter or that contains a link to such content;
6.5. attempt to, or harass, abuse, harm, stalk, threaten or otherwise violate the legal rights of a
person or group, including Biokip’s employees, or advocate or incite any such conduct or
behavior;
6.6. upload, post, e-mail, transmit or otherwise make available through the Services any material or
information that infringes, misappropriates or violates a third party’s copyright, trademark, patent,
trade secret, moral rights or other intellectual property rights, or rights of privacy or rights of
publicity;
6.7. upload, post, e-mail, transmit or otherwise make available through the Services any
commercial messages, pyramid schemes or advertising or promotional material, including any
“junk mail”, “chain letter,” “spam,” or any other similar solicitation;
6.8. impersonate or attempt to impersonate any other person, including without limitation, Biokip or
any of it’s employees;
6.9. or impersonate or misrepresent your affiliation with another person or entity
6.10. to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for any underlying software or other intellectual property used to provide the
Services or any of Biokip’s games, or obtain any information from the Services or any of Biokip’s
games using any method not expressly permitted by Biokip;
6.11. translate the Services into other language or make derivative versions;
6.12. distribute, transfer, sublicense, lease, lend or rent the Services to any third party;
6.13. solicit or attempt to solicit login Information or any personal information from other users of the
Services or any of Biokip’s games;
6.14. collect any person’s private information, including personally identifiable information (whether
in text, image or video form), identification documents, or financial information through the
Services;
6.15. engage in a conduct that in any way infringes upon the rights of others, or that is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or
harmful purpose or activity;
6.16. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the
Services, or which, as determined by us in our sole discretion, may harm or offend Biokip or
users of Services or expose them to liability;
6.17. do anything else that is not within the spirit of fair play or these Terms.

Additionally, you agree not to:

6.18. use the Services in any manner that could disable, overburden, damage, or impair the
Services or interfere with any other party’s use or enjoyment of the Services;
6.19. use any robot, spider, or other automatic device, process, or means to access the Services for
any purpose, including monitoring or copying any of the material on the Services;
6.20. use any manual process to monitor or copy any of the material on the Services or for any other
unauthorized purpose without our prior written consent;
6.21. use any device, software, or routine that interferes with the proper working of the
Services;introduce any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful;
6.22. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Services’ server on which the Services are stored, or any server, computer, or database
connected to the Services;
6.23. attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
6.24. otherwise attempt to interfere with the proper working of the Services.

 

7. SUSPENSION AND TERMINATION OF USER ACCOUNTS

Without limiting any other remedies, Biokip may:

(a) limit, suspend, terminate, modify or delete your account or access to the Services or parts
thereof, if you are, or Biokip suspects that you are, failing to comply with any of these Terms of
Service or for any actual or suspected illegal or improper use of the Services, with or without
notice to you. You can lose your username and persona in the Services as a result of account
limitation, termination or modification, as well as any levels, achievements, earned items and
purchased items associated with your use of the Services, and Biokip shall be under no obligation
to compensate you for any such losses or results. Termination of your account can include
disabling access to the Services or any part thereof, including any content you or others
submitted;

(b) limit, suspend or terminate the Services or any part thereof, prohibit access to the Services’
games and sites and their content, services and tools, delay or remove hosted content, and take
technical and legal steps to prevent users from accessing the Services if Biokip believes that the
users are creating risk or possible legal liabilities, infringing the intellectual property rights of third
parties, or acting inconsistently with the letter or spirit of these Terms or other policies.
Furthermore, Biokip may, in appropriate circumstances and at its sole discretion, suspend or
terminate accounts of users who Biokip believes may be repeat infringers of third party
intellectual property rights.

Biokip reserves the right to stop offering and / or supporting the Services or any part thereof at any time,
at which point your license to use the Services or a part thereof will be automatically terminated. In such
event, Biokip shall not be required to provide refunds, benefits or other compensation to users in
connection with such discontinued Services.

You may terminate your account at any time and for any reason by contacting our customer support at
vandaleak.official@gmail.com.

 

8. INTELLECTUAL PROPERTY

Save as expressly stated otherwise in these Terms, all rights, title and interest in and to the Services
(including without limitation any games, brands, titles, computer codes, themes, objects, items, phrases,
concepts, artworks, 2D/3D animations, sound effects, musical compositions, audio-visual effects,
methods of operation, moral rights, documentation, character profile information, recordings of games
played using Biokip’s game client, and Biokip game clients and server software) (“Biokip Property”) are
owned by or licensed to Biokip, subject to copyright and other intellectual property rights under Italian
and foreign laws and international conventions. Biokip reserves all rights, including without limitation, all
intellectual property rights or other proprietary rights, in connection with the Services. Except as
expressly provided in these Terms, Biokip does not grant any express or implied rights to the Biokip
Property.
You acknowledge and agree that you shall have no ownership or other property rights or interest in any
Services account, and you further acknowledge and agree that all rights in and to the account are and
shall forever be owned by and inure to the benefit of Biokip.

 

9. USER CONTENT

Our Services allow you to upload, post, store, share, transmit and otherwise make available certain
information, text, graphics, images, drawing or other material, whether created solely by you or together
with others (“User Content”). Between you and Biokip, you retain copyright that you may hold in any User
Content. Furthermore, you shall remain solely responsible for any User Content that you post through the
Services, including its legality, reliability, and appropriateness.
By uploading, posting, storing, sharing, transmitting or otherwise making available any User Content
through the Services, you represent and warrant that: (a) the User Content is yours (you own it) and/or
you have the necessary rights, licenses, consents and permission to use it and to authorize us to exploit
the license that you grant to us as provided in these Terms, (b) the posting of your User Content on or
through the Services does not violate any laws, contractual restrictions or other third party rights,
including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity, (c) the User Content is free from viruses, adware, spyware, worms or other
malicious code, and (d) you acknowledge and agree that any of your personal information within such
User Content will at all times be processed by Biokip in accordance with its Privacy Policy. We reserve
the right to terminate the account of anyone found to be infringing on a copyright.
Biokip assumes no responsibility or liability for any User Content you or any third party posts on or
through the Services. Biokip does not and cannot pre-screen and / or monitor all User Content. Your use
f the Services is at your own risk. By using the Services, you may be exposed to the User Content that is
offensive, indecent or otherwise not in line with your expectations. You shall bear all risks associated
with the use of any User Content available in connection with the Services.
However, by posting Content using the Service you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that
this license includes the right for us to make your Content available to other users of Service, who may
also use your Content subject to these Terms.
Biokip reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to
or otherwise make unavailable any User Content (including without limitation your User Content) without
notice for any reason or for no reason at any time. If at any time Biokip chooses, in its sole discretion, to
monitor the Services, Biokip nonetheless assumes no responsibility or liability for any User Content and
assumes no obligation to modify or remove any inappropriate User Content. Biokip has the right, but not
the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
In addition, User Content found on or through this Service are the property of the Company or used with
permission. You may not distribute, modify, transmit, reuse, download, repost, copy or use said User
Content, whether in whole or in part, for commercial purposes or for personal gain, without express
advance written permission from us.

 

10. COPYRIGHT POLICY

Biokip respects copyright law and expects its users to do the same. It is our policy to take appropriate
actions in circumstances where users infringe or are believed to infringe the rights of copyright holders.
Biokip will respond expeditiously to claims of copyright infringement committed using Biokip website or
other online network accessible through a mobile device or other type of device (“Sites”) that are
reported to Biokip’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyrights owner, are authorised to act on behalf of one, or authorised to act under any
exclusive right under copyright, please report alleged copyright infringements taking place on or through
the Sites by submitting a notice that contains all of the following information:
A) identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works
are covered by this notice – you may provide a representative list of the copyrighted works that
you claim have been infringed;
B) identify the material that you claim is infringing (or to be subject of infringing activity) and that is
to be removed or access to which is to be disabled, and information reasonable sufficient to
permit us to locate the material, including at a minimum, if applicable, the URL of the links shown
on the Site(s) where such material may be found;
C) provide both of the following statements in the body of the notice:
i. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material
is not authorised by the copyright owner, its agent, or the law (e.g. as a fair use).”
ii. “I hereby state that the information in this notice is accurate and, under penalty of perjury,
(you only need to include this language if you live in the United States of America) that I am
the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right
under the copyright that is allegedly infringed”.
D) provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to Biokip’s Copyright Agent to the address of Biokip entity
responsible for providing the Services in your region. Be sure to mark “Attn: Copyright Agent” so it gets
to the right person quickly. You can send your notice instead by email to: vandaleak.official@gmail.com.
Please note that the notices are legal notices and that Biokip may provide copies of such notices to the
participants in the dispute or to third parties, at its discretion or as required by law. Upon receipt of such
a notice, Biokip will take whatever action, in its sole discretion, it deems appropriate, including removal of
the challenged material from the Sites.

 

11. YOUR LICENSE TO BIOKIP

In consideration of using the Services, you hereby grant to Biokip an unlimited, irrevocable, perpetual,
transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to
third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture,
commercialize, publish, distribute, sell, license, sublicense, commercially exploit, transfer, lease,
transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate
to the public by telecommunication, display, perform, enter into computer memory, and use and practice,
in any way, your User Content as well as all modified nd derivative works thereof in connection with our
provision of the Services, including marketing and promotions of the Services. You also hereby grant to
Biokip the unconditional, irrevocable right to authorize others to exercise any of the rights granted to
Biokip under these Terms of Service. You further hereby grant the unconditional, irrevocable right to use
and exploit your name, likeness and any other information or material included in any User Content and
in connection with any User Content, without any obligation to you. Biokip shall not be obligated to
provide to you any compensation or other payments for any reason, including for exploitation of the
license discussed immediately above whether in relation to Services or otherwise, nor is Biokip obliged
to exploit this license. By accepting these Terms of Service and continuing to use the Services, you
agree that this license applies to any User Content you provided or may in the future provide to us.
Except as prohibited by law, you waive any rights of attribution and / or any moral rights you may have in
your User Content, regardless of whether your User Content is altered or changed in any manner. Biokip
does not claim any ownership rights in your User Content and nothing in these Terms of Service is
intended to restrict any rights that you may have to use and exploit your User Content. Biokip has no
obligation to monitor or enforce your intellectual property rights in or to your User Content.

 

12. FEES AND PURCHASE TERMS

In the App Service you may make purchases with (a) “real world” money and (b) Virtual Currency (as
defined below). Certain items are available only for “real world” money.
You may purchase, with “real world” money, a limited, personal, non-transferable, non- sublicensable,
revocable license to: (a) Gems and (b) Experience Points (XP) (together, “Purchases”) for use in the App
Service.
You can use Gems to purchase: (i) Credits (“Virtual Currency”), with which you may purchase sprays
cans and other items (“Virtual Items”) and (ii) Experience Points (XP). You are only allowed to purchase
Virtual Items from us through the Services, and not in any other way.
Regarding “real world” money: you represent and warrant that: (i) you have the legal right to use any
card(s) or other payment method(s) in connection with any Purchase and that any such card(s) or other
payment method(s) has sufficient credit or funds available to complete the purchase; and that (ii) the
payment information you supply to us or the third party payment provider used by us is true, correct and
complete.
We use third party services for the purpose of facilitating payment and completion of Purchases. By
submitting your information, you grant us the right to provide the information to these third parties subject
to our Privacy Policy. Please refer to the terms and conditions, privacy policy and other policies of a
relevant third party services provider.
– and other respective application stores for each device.
Biokip may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without
notice. Biokip shall have no liability to you or any third party in the event it exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services. Other than
as expressly authorized in the Services, you shall not sell, purchase, redeem or otherwise transfer Virtual
Items to any person or entity or attempt any of the aforesaid, including but not limited to Biokip, another
user or any third party.
The Company reserves the right to refuse or cancel your order at any time for reasons including but not
limited to: product or service availability, errors in the description or price of the product or service, error
in your order or other reasons. The Company reserves the right to refuse or cancel your order if fraud or
an unauthorized or illegal transaction is suspected.
You agree to pay all fees and applicable taxes incurred by you or anyone using a User Account
registered to you. The provision of Virtual Items for use in the Services is a service provided by Biokip
that commences immediately upon acceptance by Biokip of your purchase. YOU ACKNOWLEDGE AND
AGREE THAT, SUBJECT TO APPLICABLE LAW :(A) WHEN YOU MAKE A PURCHASE OF VIRTUAL
ITEMS FOR USE IN THE SERVICES, VIRTUAL ITEMS WILL BE AVAILABLE TO YOU IMMEDIATELY
AND AS A RESULT YOU WAIVE YOUR AUTOMATIC STATUTORY RIGHT OF WITHDRAWAL, AND
(B) BIOKIP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL
NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOUR
USER ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE
FINAL AND NON-REFUNDABLE. EXCEPT IN CASES OF BIOKIP’S GROSS NEGLIGENCE, OR
WILLFUL MISCONDUCT, YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT,
INLCUDING ANY UNAUTHORISED CHARGES.

 

13. USE OF THIRD PARTY SERVICES

We use the services of the following third party service providers (“Service Providers”):
– Unity;
– ADMOB;
and other respective application stores for each device.
Service Providers apply their own terms and conditions, privacy policy and other policies. For further
information, please refer to the respective terms and conditions of a relevant Service Provider.
Please note that we may from time to time update the list of Service Providers.

 

14. LINKS TO OTHER WEBSITES

Our Services may contain links to third party web sites or services that are not owned or controlled by
Biokip.
Biokip has no control over, and assumes no responsibility for the content, privacy policies, or practices of
any third party web sites or services. We do not warrant the offerings of any of these entities/individuals
or their websites. If you click on a linked web site, we are not responsible for such web site’s use of your
data. You agree that your use of the Services may incur third party fees, such as fees charged by your
carrier for data usage, and may be subject to third party terms, such as your carrier’s terms of service,
and you agree to pay all such fees and abide by all such terms. By using the Services you expressly
relieve us form any and all liability from your use of any third party web site or third party services.
YOU ACKNOWLEDGE AND AGREE THAT BIOKIP SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED
BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR
SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF
ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

15. PRIVACY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from
our users. You approve to the processing of your personal data in accordance with the Biokip Privacy
Policy by downloading, installing, accessing or using the Services.
Biokip takes appropriate measures to prevent unauthorized access to, improper use of and the
reasonable accuracy of your personal data submitted to us via the Services. We use various
technologies to ensure the high security standards. Any data that is stored on Biokip servers is not
generally available to the public. However, the use of internet services always includes security risks.

 

16. DISCLAIMER OR WARRANTY

YOU ASSUME ALL RESPONSIBILITY FOR THE INSTALLATION AND USE OF, AND RESULTS
OBTAINED FROM, THE SERVICES (NO MATTER WHERE YOU ARE BASED).
THE SERVICES ARE PROVIDED BY BIOKIP ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIOKIP
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF ITS SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER BIOKIP NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER BIOKIP NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BIOKIP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.

 

17. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU (WHETHER FOR BREACH OF
CONTRACT, NEGLIGENCE OR FOR ANY OTHER REASON WHATSOEVER) FOR ANY LOSS, HARM
OR DAMAGE SUFFERED BY YOU IN CONNECTION WITH YOU DOWNLOADING, USING AND / OR
ACCESSING THE SERVICES IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO BIOKIP
DURING 6 MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION FIRST AROSE.
WE ONLY MAKE THE SERVICES AVAILABLE FOR DOMESTIC AND PRIVATE USE. WE ARE NOT
LIABLE FOR BUSINESS LOSSES (SUCH AS ANY LOSS OF PROFIT, LOSS OF BUSINESS,
BUSINESS INTERRUPTION, LOSS OF GOODWILL OR LOSS OF BUSINESS OPPORTUNITY). WE
WILL NOT HAVE RESPONSIBILITY FOR ANY DAMAGE WHICH ARISES BECAUSE YOU FAILED TO
INSTALL ANY UPDATE WHEN IT IS MADE AVAILABLE BY BIOKIP OR WHERE YOU FAIL TO
MAINTAIN THE MINIMUM SYSTEM SPECIFICATIONS REQUIRED. SEPARATELY, WE ARE NOT
RESPONSIBLE FOR (I) ANY LOSS THAT WAS NOT FORSEEABLE AT THE TIME YOU ENTERED
INTO THESE TERMS OF SERVICE; OR (II) ANY LOSS THAT WE BOTH KNEW MIGHT HAPPEN
ONLY BECAUSE OF YOUR SPECIAL CIRCUMSTANCES EXISTING AT THE TIME YOU ENTERED
NTO THESE TERMS OF SERVICE (INCLUDING ALL INDIRECT DAMAGES).
DESPITE ANYTHING ELSE WE SAY IN THIS TERMS OF SERVICE, WE DO NOT EXCLUDE OR
LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
TO THE EXTENT PERMITTED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL
RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON
APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE, OR TORT.

 

18. GOVERNING LAW AND JURISDICTION

These Terms and any action arising out of or in connection with these Terms shall be governed by and
will be construed in accordance with the laws of the Republic of Italy, without regard to its conflict of law
provisions.
Disputes can be expensive and time consuming for all parties involved. Therefore, if the dispute arises
between you and Biokip, we strongly encourage you to first contact our customer support at
vandaleak.official@gmail.com, so we could talk and seek the best ways of resolving the dispute. Should
this fail, you agree that any dispute, claim or controversy arising out of or in connection with these Terms
or the Services shall be settled by arbitration under the Rules of the Milan Chamber of Commerce (the
“Rules”), by a sole arbitrator, appointed in accordance with the Rules, which are deemed to be
incorporated by reference into these Terms.
Nothing in these Terms shall be deemed to waive, preclude, or otherwise limit your or our right to: (a)
bring an individual action in small claims court; (b) pursue an enforcement action through the applicable
agency if that action is available; (c) seek injunctive relief in a court of law; (d) lodge a complaint or
remedy under the General Data Protection Regulation (“GDPR”), or (e) file claim in the court of law to
address an intellectual property infringement claim or to compel or uphold any arbitration decision
hereunder.

 

19. WAIVER AND SEVERABILITY

The failure of Biokip to enforce strict performance by you of any provision of these Terms of Service or
the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or
relinquishment of Biokip’s right to assert or rely upon any such provision or right in that or any other
instance.
The express waiver by Biokip of any term, condition or provisions set forth in the Terms or the Privacy
Policy shall not constitute or be deemed to constitute a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of Biokip to assert a right or provision
under the Terms or the Privacy Policy shall not constitute a waiver of such right or provision.
Except as expressly and specifically stated in these Terms, no representation, statement, consent,
waiver or other acts or omission by Biokip shall be deemed a modification of these Terms nor legally
binding, unless documents in writing.
If any provision of these Terms and / or the Privacy Policy is held to be invalid, illegal or unenforceable
for any reason, in whole or in part, by any court or other authority of competent jurisdiction, such
provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of
invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or
jurisdiction and without affecting the remaining provisions of these terms, which shall continue in full
force and effect.

 

20. GENERAL PROVISIONS

22.1. Assignment. Biokip may assign or delegate these Terms, the Privacy Policy and / or other
applicable policies, in whole or in part, to any person or entity at any time without your consent.
You may not assign or delegate any right or obligations under these Terms, the Privacy Policy or
other policies without Biokip’s prior consent;
22.2. Supplemental Policies. Biokip may publish additional or supplemental policies or terms
related to the Services. Your right to use the Services is subject to such additional or
supplemental policies or terms;
22.3. Entire Agreement. These Terms, the Privacy Policy and any additional or supplemental
policies and any documents expressly incorporated by reference herein, contain the entire
understanding between you and Biokip, and supersede all prior understandings of the parties
hereto relating to the subject matter hereof, whether electronic, oral or written, or whether
established by custom, practice, policy or precedent, between you and Biokip with respect to the
Services;
22.4. Contact Information. If you have any questions about these Terms of Service, please contact
Biokip at vandaleak.official@gmail.com or Registered Office: Via Donizetti 1, 20122 Milan, Italy.

 

21. ACKNOWLEDGEMENT

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF
SERVICE AND AGREE TO BE BOUND BY THEM.