ViaWay | Terms of Use

1. Introduction & Acceptance of Terms

Welcome to ViaWay. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User" or "you") and Mattia Zappa, owner of ViaWay ("Owner", "we"), an individual residing in Italy, reachable at [email protected]. By accessing or using the ViaWay mobile application (the "App"), you agree to be bound by these Terms. If you do not agree, please do not use the App.

2. Eligibility & Account Registration

Minimum Age: You must be at least 16 years of age to create an account and use ViaWay. Account Accuracy: You agree to provide accurate and complete information when creating an account. You are solely responsible for maintaining the confidentiality of your login credentials. Individual Ownership: You acknowledge that ViaWay is owned and operated by a private individual, not a corporate entity.

3. Description of Service & AI Disclaimer

ViaWay provides tools for manual trip planning and AI-assisted itinerary generation. AI-Generated Content: You acknowledge that itineraries generated by AI are for informational purposes only. We do not guarantee the accuracy, safety, or availability of any locations, businesses, or routes suggested by the AI. User Responsibility: You are solely responsible for verifying travel details (e.g., checking if a road is open, weather conditions, or if a business still exists) before acting on a generated plan.

4. User Content & Social Interaction

Ownership: You retain ownership of the trips and photos you publish. By setting a post as "Public", you grant ViaWay a non-exclusive, royalty-free, worldwide license to display and distribute that content to other users within the App. Public Interaction: Users can "Like" and "Save" your public posts. No Comments: To maintain a positive environment, ViaWay does not support user comments. You agree not to attempt to circumvent this limitation by posting contact information or external links in trip descriptions in order to solicit interactions outside the platform. Copyright Infringement Reporting: If you believe that content posted by another user infringes your copyright, you may report it by writing to [email protected], including: (i) a screenshot of the disputed content; (ii) the username of the user who posted it; (iii) a brief description of your rights over the content in question; (iv) your contact details. We will review the report and, if substantiated, will remove the content within a reasonable time. Shared and Copyable Itineraries: If you enable the setting that allows other users to copy your public itinerary, this constitutes explicit authorization for other users to duplicate the structure and textual content of the itinerary within the App. In such case, copying the itinerary does not constitute an infringement subject to removal. This authorization does not extend to photographs or other third-party media content that may be included in the itinerary, for which the respective author's rights remain in force.

5. Prohibited Conduct and Objectionable Content

You agree not to use the Services to post, upload, or share Objectionable Content. These include, but are not limited to: defamatory, harassing, threatening, discriminatory, or pornographic content; content that promotes unlawful acts; or content that infringes the intellectual property rights of others. We enforce a zero-tolerance policy toward Objectionable Content. In particular, you agree not to: Objectionable Content: Post offensive, abusive, or harmful material. We reserve the right to remove such content and/or suspend your account in case of violation. Data Scraping: Use automated systems (bots, spiders, or scrapers) to collect data, travel itineraries, or user information. AI Misuse: Attempt to decompile or reverse engineer the AI generation tools, or use them to generate illegal or harmful content. Impersonation: Create accounts on behalf of persons other than yourself. Spam: Use the trip sharing feature to post commercial advertisements or affiliate links. Reporting and Blocking: Please note that our Services include tools to report objectionable content and block other users. We encourage users to use these features to maintain a safe environment. We are committed to reviewing reports of Objectionable Content promptly, generally within 24 hours of receipt.

6. Advertisements & Third-Party Links

ViaWay is a free, ad-supported service. Ad Content: The App may display advertisements and promotions. Third-Party Websites: The App may contain links to third-party websites (e.g., booking sites, maps). We do not control these sites and are not responsible for their content or privacy practices. Your use of third-party links is at your own risk.

7. Limitation of Liability (Limitazione di Responsabilità)

In accordance with Article 1229 of the Italian Civil Code: "As Is" Service: ViaWay is provided "as is." We do not warrant that the App will be error-free or that AI suggestions will be accurate. Travel Risks: We are not liable for any damages, injuries, or losses resulting from your reliance on trip plans provided by the AI or other users. AI Hallucinations: You acknowledge that AI models may occasionally produce "hallucinations" (clinically incorrect or non-existent information). We are not responsible for any inconvenience or financial loss caused by reliance on incorrect AI suggestions (e.g., a suggested restaurant that has been closed for years). Dolo e Colpa Grave: Our liability is limited to cases of willful misconduct (dolo) or gross negligence (colpa grave). We are not responsible for indirect or consequential losses.

8. Termination of Account

We reserve the right to suspend or terminate your access to ViaWay at any time, without notice, if we believe you have violated these Terms, specifically regarding the age requirement or prohibited conduct.

9. Governing Law & Jurisdiction (Legge Applicabile e Foro Competente)

Governing Law: These Terms are governed by and construed in accordance with the laws of Italy. Dispute Resolution: Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts where the Owner resides. If you are a "Consumer" under the Italian Consumer Code (Codice del Consumo), the court of your place of residence or domicile shall have jurisdiction.