Terms and conditions
N4L (NowForLater)

Introduction
This document outlines the terms and conditions under which users are provided access to the N4L (NowForLater) application; an instant and time-delayed messaging application for mobile devices (iOS and Android). N4L enables users to exchange text and multimedia messages instantly or, with the exciting feature of Timed Messages, to schedule the delivery of a message by choosing a specific date and time!
With the new N4L messaging app, when sending a text or multimedia message, users have the option to set up what we call "smart delivery" by selecting a date, a specific time, and even a year for the message to be sent to the recipient. Multiple items can be scheduled, including video/audio files and documents, each with its own recipient and delivery timeline.

1. Definitions

To ensure complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, will have the meanings attributed below:
Owner: Fan LLC - Sharjah Media City, Sharjah, United Arab Emirates (license number 2219842.01), email address info@fan-uae.com.
Application: The N4L (NowForLater) application.
User: any individual or entity that accesses and uses the Application.
Conditions: this contract which regulates the relationship between the Owner and the Users.

2. Detailed Information about the Application Offering

N4L is a mobile instant messaging app available on iOS and Android platforms. It empowers users to exchange both text and multimedia messages, including photos, voice notes, and documents. This app facilitates easy and swift communication with one's contacts, requiring only an internet connection for use. The N4L application is associated with the user's phone number and, upon request, syncs with the user's contact address book, identifying those who have the application already active on their smartphones. Each user has the opportunity to personalize their account by crafting a phrase that represents their "status," text that can be changed at will and will appear next to their photo in the contact list. By clicking on the user's image with whom one is in a chat, access to their profile and all items sent to the user, such as media, audio files, and documents, is made possible. N4L also boasts smooth animations, for instance when switching screens, and features delightful emoticons, symbols, emojis, and more. In summary, N4L enables the sharing of images, audio files, contacts, documents, emojis, and locations with the assurance of delivery. Once a message is sent, a "checkmark" (a small v) appears on the right side of the text, confirming the correct message transmission, which becomes double upon successful delivery. Users have the ability to copy messages, forward them to another contact, or delete them.

The HIGHLIGHT of N4L is the TIMED MESSAGE feature
Unlike other currently used messaging apps, N4L allows users to set the date, time, and year of message delivery to the recipient, enabling advanced scheduling for various purposes, including:

•  Birthday or holiday greetings.
•  Advance messages for upcoming but uncertain deadlines that can be scheduled.
• "Nighttime" messages in case of jetlag, programmed for the following morning.
• "Nighttime" messages to family members, programmed for the next morning.
•  Reminder messages for future events to be confirmed and more.

With N4L, when sending a message, users can choose to send it instantly or set up smart delivery by selecting a specific date and time. In this case, a charming hourglass icon will appear on the right side of the text, and when selected, it allows the user to schedule the delivery of text messages, items, audio files, videos, and documents, each associated with a recipient and a specific delivery time. Users have access to a dedicated window with a list of TIMED MESSAGES waiting to be sent, which can be managed based on their needs, those of the recipient, and the progression of events.

Another STRENGTH of N4L is the division of chats into different windows, recognizable on the homepage: individual chats and group chats. This division ensures better organization and smoother user management.

3. Scope of application of the Terms and Conditions

Use of the Application constitutes acceptance by the User of these Conditions. If the User does not intend to accept the Conditions and/or any other communications, exclusions of liability, or information published or referred to therein, he/she may not use the Application or the related services.
The Conditions may be modified at any time. Any changes will come into force from the moment they are published on the Application and will be sent to users. Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to vary, at its own discretion, the graphic interface of the Application, the Contents, and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating this to the User, if necessary, the relevant instructions.

4. User-Generated Content and Responsibilities

Users may upload Content to the Application, provided that it is not unlawful (i.e., obscene, threatening, defamatory, pornographic, abusive, or in any way illegal or infringing upon the privacy, intellectual, and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, or containing viruses, political propaganda, commercial solicitation, mass emails, or any other form of spam. In the event of disputes from third parties, the User assumes full responsibility and undertakes to indemnify and hold the Owner harmless from any damage, loss, or expense.
The User guarantees that the Content is sent to the Application through their account by individuals of legal age. For minors, the submission of Content must be reviewed and authorized by parents or legal guardians.
The User is entirely and exclusively responsible for the use of the Application concerning content publication, consultation, content management, and user contact. Therefore, the User is the sole guarantor and responsible for the correctness, completeness, and legality of the Content and their behavior.
It is prohibited to use an email address that is not owned by the User, use the personal data and credentials of another User to assume their identity, or otherwise provide false information about the origin of the Content.
The Owner cannot ensure real-time control over received Content and reserves the right to delete, move, or modify Content that, in its discretionary judgment, appears illegal, abusive, defamatory, obscene, or infringing upon copyright and trademarks or is otherwise unacceptable.
Users grant the Owner a non-exclusive right to use the submitted Content, without geographical limitations. Therefore, the Owner may, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify, and adapt (including, without limitation, the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) sent by the User, even through third parties.
The submitted Content will not be returned, and the Owner will not be liable to Users for the loss, modification, or destruction of transmitted Content.
It is expressly prohibited, except with explicit authorization from the Owner: i) the use of automatic ad posting systems, except those expressly authorized, ii) serial publication and/or management of ads on behalf of third parties by any means or methods, iii) reselling the Owner's services to third parties.

5. Intellectual and industrial property rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or relevant to the Application and/or the Contents available on the Application. Therefore, all trademarks, both figurative and nominative, and all other signs, trade names, service marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors. and current trademark laws and related international treaties are protected by law.

The Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available therein unless otherwise provided.
Any reproductions in any form of the explanatory texts and Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.

6. Disclaimer of Warranty

The Application is provided "as is" and "as available" and the Owner does not provide any express or implied warranty relating to the Application, nor does it provide any guarantee that the Application will meet the User's needs or that it will be uninterrupted, error-free or free of viruses or bugs.
The Owner will make every effort to ensure that the Application is available uninterruptedly 24 hours a day, but cannot be held responsible in any way if, for any reason, the Application is not accessible and/or operational at any time or for any period or anywhere in the world. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons completely beyond the control of the Owner or for events of force majeure.

7. Limitation of Liability

The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for malfunctions or disservices related to the use of the internet which are beyond its control or that of its suppliers.
Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User following failure to execute the contract for reasons not attributable to him.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment. They will not be responsible for any loss of commercial opportunities and any other loss, even indirect, suffered by the User which is not a direct consequence of the breach of contract by the Owner. The Owner will not be responsible for incorrect or inappropriate use of the Application by Users or third parties. Under no circumstances will the Owner be liable for an amount greater than double the cost paid by the User.

8. Force majeure

The Data Controller cannot be held responsible for the failure to fulfill or delayed fulfillment of its obligations due to circumstances beyond its reasonable control, including force majeure events or, in any case, unforeseen and unforeseeable events, and in any case beyond its control. The fulfillment of the Owner's obligations will be considered suspended for the period during which force majeure events occur.
The Data Controller will take every action in its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

9. Links to Third Party Websites

The Application may contain links to third-party websites/applications. The Owner has no control over them and, therefore, is in no way responsible for the content of such sites/applications.
Some of these links may lead to third-party websites/applications that provide services through the Application. In these cases, the terms and conditions for the use of the site/application and the use of the service provided by third parties will apply, for which the Owner assumes no responsibility.

10. Privacy

The protection and processing of personal data will take place in accordance with and in compliance with the Privacy Code (Legislative Decree No. 196/2003) and subsequent amendments and integrations. We inform you that the processing of personal data provided to us under this Agreement is exclusively aimed at fulfilling contractual obligations and current administrative/accounting/tax obligations.
The processing of data for these purposes also occurs without the consent of the data subject, pursuant to Article 24 of the Privacy Code. The provision of data is not mandatory, but the failure to provide it will prevent the conclusion of the contract or its subsequent execution. We also inform you that the acquired data is processed in accordance with the principles of fairness, lawfulness, and transparency established by the Privacy Code, protecting the rights recognized to the data subject by Article 7 of the Code. The processing is also carried out electronically, in compliance with the security measures provided for in Annex B of the Privacy Code.
The processing is also carried out with the involvement of external parties, duly appointed.

For any information or to exercise the rights recognized by Article 7 of the Privacy Code, you can contact the Data Controller: Fan LLc - Sharjan Media City, Sharjan, UAE (license number 2219842.01) email address info@fan-uae.com
Privacy Code (Legislative Decree No. 196 of June 30, 2003) Article 7. Right to Access Personal Data and Other Rights:

• The data subject has the right to obtain confirmation of the existence or not of personal data concerning them, even if not yet recorded, and their communication in an intelligible form.
• The data subject has the right to obtain information about: a) the origin of personal data; b) the purposes and methods of processing; c) the logic applied in case of processing carried out with the aid of electronic instruments; d) the identification details of the owner, managers, and the designated representative; e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of it as designated representatives in the territory of the State, managers, or agents.
• The data subject has the right to obtain: a) updating, rectification, or, when interested, integration of data; b) the cancellation, transformation into anonymous form, or blocking of data processed in violation of the law, including data that does not need to be kept in relation to the purposes for which the data was collected or subsequently processed; c) certification that the operations as per letters a) and b) have been notified, also as regards their content, to those to whom the data was communicated or disseminated, except in the case where this requirement proves impossible or involves a manifestly disproportionate effort compared to the protected right.
• The data subject has the right to object, in whole or in part: a) for legitimate reasons to the processing of personal data concerning them, even if relevant to the purpose of the collection; b) to the processing of personal data concerning them for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication.

11. Applicable law and jurisdiction

These Conditions are subject to Italian law.
For any dispute relating to the application, execution and interpretation of these Conditions, the competent court is that of Pisa (PI) in ITALY.

Date: 09/15/2023

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Pursuant to articles 1341 and 1342 of the Civil Code, the User specifically approves the following contractual clauses, which have been the subject of separate negotiation:
Article 4, paragraphs 1, 3, 6 and 7 (User-generated content and responsibility); Article 6 (Exclusion of Warranty); Article 7 (Limitation of liability); Article 8, paragraphs 1 and 2 (Force Majeure); Article 11.2 (Competent jurisdiction).

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