These Terms and Conditions govern the use of the illy App, which belongs to illycaffè S.p.A. and which allows the User to access the content, services and functions contained within the App.
By downloading, accessing or using the App and/or its services, you represent and warrant that you are at least eighteen (18) years of age.  
Downloading and using the illy App constitutes the User’s acceptance of these Conditions and any subsequent alterations or variations. The User is therefore invited to carefully read these Conditions and any subsequent variations or updates.
Use of the illy App and the individual services requires not only the acceptance of these Conditions, but also the specific acceptance of any warning, legal notice or information of any kind referred to therein.

illycaffè reserves the right to amend these Conditions, giving prompt notification of such amendments within the illy App, and to terminate a User’s My Account should that User be in violation of any of these Conditions. For this reason, illycaffè invites Users to pay attention to any notifications received within the illy App and to check the illy App regularly in order to ascertain whether any changes and/or updates have been made to these Conditions.
The changes shall be effective as of the date of their publication in the illy App.
These Conditions may be viewed by the User here.
 
1.    Definitions
“Conditions”: these terms and conditions for the use of the illy App.
“Contents”: texts, images, videos, logos, brands and any other material, in any format, including the graphics, design, layout, processes, functions and software that are part of the illy App, the know-how and the products included in the Services offered on the illy App, and all other industrial and intellectual property rights held by illycaffè.
“illy App”: the application owned by illycaffè S.p.A., available for download on all mobile devices through the Google Play Store and Apple Store channels.
“illycaffè” OR “we”: illycaffè S.p.A. with legal headquarters in Trieste, Via Flavia 110 Trieste (Italy) – VAT No. 00055180327.
“My Account”: the private and personal account that the User must register in order to access the illy App and its Contents. “My Account” also allows the User to access services, reserved areas and/or specific functions on the websites and apps of illycaffè and its subsidiaries, through the same credentials.
“Services”: all content that the User may make use of through the illy App.
“User” or “you”: any party that accesses and uses the illy App.

2.    Scope of application and limits of use
The User can access and make use of the Contents and Services and take part in further initiatives accessible through the illy App, which illycaffè has reserved for its Users, as well as staying up to date on the world of illy.

Activation of the individual Services and participation in specific initiatives is subject to acceptance of the related terms and conditions. Acceptance shall only be requested when first accessing the specific service or initiative, if it can be activated from the illy App, with the exception of e-commerce purchases (apart from subscriptions) for which acceptance of the General Conditions of Sale shall be requested upon each transaction.

illycaffè reserves the right to alter, at any time and at its own discretion, the graphic interface of the illy App, the Services and Contents and their organization, as well as any other aspect related to the functionality and management of the illy App, communicating the relevant information to the User where deemed necessary by illycaffè in its sole discretion.
illycaffè may pause, alter, correct any errors or malfunctions and any section of the illy App, make further changes to the illy App, the Contents and the Services, and suspend or pause any function of the illy App, including the availability of any of its functions, at any time and without warning.
illycaffè may suspend authorizations, rights and licenses conferred in accordance with the above at any time; upon this suspension, the User must immediately delete any Content that may have been downloaded and/or saved.
illycaffè reserves the right to (i) delete, suspend or alter the Contents and Services of the illy App, including the User’s contents, at its own exclusive discretion and at any time, for any reason and with no obligation to give prior notice (by way of non-exhaustive example, due to complaints or accusations from third parties or authorities regarding the User’s usage of certain content, or in the event that illycaffè deems the User to have violated these Conditions), and to (ii) delete, suspend or block the User’s contents from the illy App.
Use of the illy App requires access to the Internet and/or a smartphone or tablet connection, the costs of which are entirely borne by the User.
The illy App is exclusively intended for personal use.
The User undertakes to use the Services and Contents of the illy App in accordance with their characteristics and technical specifications, and in compliance with the provisions of these Conditions, as well as with the applicable laws, regulations and norms on the subject.

3.    Registration and My Account
In order to use the Contents, Services and functions of the illy App, the User must register for a My Account.

It is possible to create a My Account either when first accessing the illy App, or through the “register” section on the illy.com website.

If the User is not registered, they must provide the data requested to complete the registration process, ensuring that the data is complete and truthful, keeping it confidential and updating it regularly. It will also be necessary to choose a password. The User is responsible for keeping and maintaining the credentials for their My Account. The creation of a My Account is reserved exclusively to Users who have reached the minimum age required by the applicable laws in the relevant jurisdiction.

Registration and the creation of a My Account can also be completed by logging in through social media, using such social networks as Facebook, a Google account or an Apple ID.

In the event that the User has already created a My Account on the illy.com website, they can authenticate themselves using the same credentials without registering again. Users who have registered previously will be asked to accept these Conditions and other policies and conditions based on the Services activated.

Through their My Account, Users can access specific Services, reserved areas and/or specific functions (some of which are exclusively dedicated to My Account holders) of the websites and apps of illycaffè and its subsidiaries, using the same credentials. They can also make use of their own personal area to view and manage their relationships with illycaffè and its subsidiaries, for example by viewing their purchase history, managing shipping addresses, managing data processing consent, viewing the initiatives or sections that they have subscribed to and updating their data.
It should be noted that the illycaffè subsidiaries may access the User’s My Account data in the event that the User enters into a contractual relationship with them (for example, by making purchases, taking out a subscription or activating services provided by a subsidiary).
The User may, if they so choose, upload their own profile picture, which will not be visible to other Users.

In any case, the User will be asked to select the country in which they are using the illy App in order to enable illycaffè to identify the correct form of contractual and regulatory management.

4.    Communications and Notifications
The illy App may send so-called push notifications to Users as part of its normal operation. Users can deactivate push notifications through the settings on their smartphone/tablet.
Inside their My Account, Users can view all the notifications sent by illycaffè at any time, as well as accessing a summary of their own activities.
 
5.    DISCLAIMER OF WARRANTY
THE ILLY APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH  THE ILLY APP ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ILLYCAFFÈ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE ILLY APP OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ILLY APP, UNLESS OTHERWISE SPECIFIED IN WRITING.

ILLYCAFFÈ IS COMMITTED TO ENSURING THE CORRECT FUNCTIONING OF THE ILLY APP, AS WELL AS ITS AVAILABILITY AND SMOOTH OPERATION, BUT MAKES NO DIRECT OR INDIRECT GUARANTEES IN ANY WAY AS TO THAT FUNCTIONING AND/OR AVAILABILITY AND/OR OPERATION, THAT THE ILLY APP IS SECURE, THE ILLY APP OR THE SERVER SUPPORTING THE ILLY APP WILL BE VIRUS-FREE, THE INFORMATION ON THE ILLY APP IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE ILLY APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THEREFORE, ILLYCAFFÈ CANNOT BE HELD RESPONSIBLE IN THE EVENT THAT THE ILLY APP, FOR ANY REASON, IS NOT ABLE TO SATISFY THE USER’S NEEDS AND/OR FEATURES ERRORS, DEFECTS, INTERRUPTIONS, VIRUSES, BUGS OR HARMFUL COMPONENTS.  ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU.

In the event that illycaffè provides links and/or advertisements for other websites, applications, and online channels that it does not own or control, illycaffè accepts no liability for the contents provided or available for download. Equally, illycaffè is not responsible for third-party websites, and Users visit such websites entirely at their own risk.  illycaffè does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the content, services or goods provided on third party websites.  Please carefully read the terms and conditions of use, terms and conditions of sale and privacy policies of any third party websites you access from the illy App, as these Conditions and our Privacy Policy do not apply to websites operated by third parties.
illycaffè has the right to suspend access to and use of the illy App temporarily and without warning; by way of non-exhaustive example, for the purposes of maintenance, updates, force majeure, or for any other reason.

6.    Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ILLYCAFFÈ, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND OTHER PARTIES CONNECTED IN ANY WAY TO ILLYCAFFÈ MAY NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES FOR: (I) DAMAGES, MALFUNCTIONS, FAULTS, OR DATA LOSS AND/OR USAGE DERIVING FROM THE USE OF THE INTERNET AND THE IT SYSTEMS ON THE USER’S DEVICES; (II) RISKS AND DAMAGES CAUSED BY DOWNLOADING CONTENT THROUGH THE ILLY APP AND ITS SERVICES; (III) DAMAGES CAUSED BY ANY FRAUDULENT OR ILLICIT USE OF PAYMENT CARDS PROVIDED BY THIRD PARTIES, WHICH ARE NOT UNDER THE CONTROL OF ILLYCAFFÈ; (IV) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, OR OBLIGATIONS OF ANY KIND, INCLUDING INDIRECT, WHICH THE USER MAY INCUR BY ACCESSING, USING OR ATTEMPTING TO USE THE ILLY APP AND ITS SERVICES, OR WHICH ARISE IN RELATION TO THE INABILITY, EVEN TEMPORARILY, TO USE THE ILLY APP AND ITS SERVICES OR DUE TO INTERRUPTIONS OR THE TERMINATION THEREOF. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY).  IF YOU ARE DISSATISFIED WITH THE ILLY APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE ILLY APP.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ILLYCAFFÈ IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE  CONDITIONS OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE ILLY APP OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, ILLYCAFFÈ’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO.

NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS.  CERTAIN STATES LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


7.    Copyright and Intellectual Property
illycaffè its affiliates, and/or its content suppliers are the exclusive owners of the Contents and Services contained on the illy App, which are protected by national and international copyright and other intellectual property laws.  
The reproduction of the illy App and its Contents and Services, whether partial or total and in any way or form, is prohibited. None of the Contents of the illy App are to be understood as being licensed to the User.
The User is authorized to view and use the illy App and its Services exclusively for personal, non-commercial purposes, in accordance with these Conditions and the applicable law, in ways that do not compromise the industrial and intellectual property rights of illycaffè.
The User is not authorized to, without the prior express written consent of illycaffè, its affiliates, and/or its content suppliers, as the case may be, in each specific instance:

(i)    copy, reproduce, display, modify, adapt, translate, download, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect the illy App or its Contents and Services, in whole or in part, on any medium and in any way;

(ii)    sell, rent, transfer, license or sub-license the Contents or Services contained in the illy App;

(iii)    publish, distribute, upload, post, publicly perform, publicly display, spread, transmit or duplicate the Contents of the illy App for commercial purposes and/or for publication on websites, online channels or applications belonging to the User or to third parties.
 
The User also undertakes to refrain from any conduct that could damage and/or hinder normal access to and use of the illy App and its Services. By way of non-exhaustive example, this means that they must not transmit, copy or share dangerous or suspicious content that could contain or spread malware, viruses or any kind of program or content capable of compromising the illy App and its operation.
You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “illycaffè,” “illy” or any other colorable equivalent without the prior express written consent of illycaffè.  illycaffè, its affiliates, and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content.  illycaffè, its affiliates, and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the illy App and to object to any use, distortion or other modification of such Content.  Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by illycaffè, its affiliates, or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
Users acknowledge and agree that any and all misappropriation or misuse of the Content and/or any other information contained on the illy App will cause irreparable harm to illycaffè and that in such event money damages will not constitute sufficient compensation to illycaffè.  Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content and/or any other information contained on the illy App, you specifically consent to illycaffè obtaining injunctive relief against you in addition to any other legal or financial remedies to which illycaffè may be entitled.
ILLY is a trademark owned by illycaffè.  All other trademarks, logos, trade names, domain names and other distinctive signs, copyrights and patents used in connection with the illy App (collectively, the “Intellectual Property”) are property of illycaffè or its affiliates, subsidiaries or suppliers.  illycaffè and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property.  You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of illycaffè or the applicable Intellectual Property owners.
illycaffè vigorously enforces its intellectual property rights to the fullest extent permitted by law.  Accordingly, illycaffè will prosecute any unauthorized use or reproduction of the Intellectual Property, any of the Content, databases used to store the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

Digital Millennium Copyright Act
Notwithstanding anything to the contrary contained in this Section, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing illycaffè’s Copyright Agent designated below with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  

illycaffè’s designated Copyright Agent to receive DMCA notices is: Tarter Krinsky & Drogin LLP

If notified of an allegation that the illy App contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.
For any information or notification send notice:

By mail to:
Attn: Giuliano Iannaccone, illycaffè DMCA Agent
c/o Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY 10018; or

By e-email to:
giannaccone@tarterkrinsky.com
Subject: Attn: illycaffè DMCA Agent; or

By phone to:
Giuliano Iannaccone
(212) 216-1110

8.    User Submissions

From time to time, we may permit Users to submit content to the illy App. You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the illy App (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof.  We reserve the right to remove any of your Submissions from the illy App, in whole or in part, without notice to you, for any reason or no reason.  

Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy.  You may not upload or otherwise publish content on the illy App that (i) is confidential to you or any third party; (ii) is untrue, inaccurate, false or other than an original work of your authorship; (iii) relates to or impersonates any other person; (iv) violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; or (vi) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

You are solely responsible for any Submissions you make and their accuracy and you agree to defend, at illycaffè’s option, and at your sole expense, indemnify and hold illycaffè, its affiliates and subsidiaries, and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which illycaffè may incur as a result of your Submissions. We take no responsibility and assume no liability for any Submissions posted by you or any third party, and illycaffè does not endorse any statement, idea or representation contained in the Submissions, nor does it not guarantee the Submission’s accuracy, integrity or quality.

9.    Suspension and Cancellation of Accounts

The User’s breach of these Conditions shall give illycaffè the right to suspend the User’s access to their My Account, to remove the User’s My Account and, where deemed necessary, to seek any remedies provided for by the applicable legislation.
The User shall have the right to cease their use of the illy App at any time by uninstalling the illy App, and may request that their My Account be deleted by accessing the settings of their My Account or, if this is not available, by sending such a request to the following address: infoprivacy@illy.com.
The uninstallation of the illy App and/or the deletion of a User’s My Account does not imply automatic withdrawal from any Coffee Machine Subscription, Coffee Subscription, the General Conditions of Sale, or other services and initiatives that the User has entered into. Please see the relevant regulations and the terms and conditions to exercise your right to terminate such programs or services.
The cancellation of a User’s My Account shall make it impossible to access and make use of the services and initiatives whose terms and conditions require a My Account (including the illy App itself), even where payment is involved.

10.    Privacy

For information on the methods used to collect, use and share personal information, please see the privacy policy drawn up pursuant to Regulation (EU) 2016/679 and published on the Website https://www.illy.com/en-us/home. The privacy policy must be accepted in order to complete the registration of My Account and access the illy App.
The privacy policy is available here.
 

11.     Applicable law and competent jurisdiction
 
These Conditions and their interpretation shall be governed by the laws of the State of New York, without regard to its conflicts of law rules.  Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.
If any part of these Conditions shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining Conditions.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.  These Conditions constitute the entire agreement between you and illycaffè with respect to your use of the illy App, and supersede any and all prior understandings or agreements between you and illycaffè, whether written or oral.  You acknowledge that, in providing you with access to and use of the illy App, illycaffè has relied on your acceptance of these Conditions.

12.    Force majeure
illycaffè cannot be held liable for any failure or delay in fulfilling its obligations due to force majeure causes beyond the control of illycaffè, such as, by way of non-exhaustive example, stoppages in production activity imposed by legislative or administrative provisions, epidemics, strikes, serious weather events, fires and floods.

13.    Contact details
illycaffè is available to receive any questions or complaints sent via email to the address Customer.Service@illy.com, or through the Customer Care team at 18774694559.