Terms and Conditions
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To enter or use this platform in any way, you must accept the Terms and Conditions (also called “Agreement” or “Contract”) present in this document as well as any changes that Whoosnap S.r.l. (shown below also as “Insoore”) may apply in the future. If you do not agree with these Terms and Conditions, do not enter in nor use this service.
Insoore reserves the right to change these terms without prior notice, but to notify the notice of change of terms. Your continued access or use of the platform constitutes the acceptance of such changes. Please regularly check the “Terms and Conditions” link on the home page of Insoore.com to review the current Terms. If you did not respect or accept the Terms and Conditions, you will be prevented from accessing and using the platform.
1. Parts and object of the agreement
1.1. This agreement regulates the contractual relationship between Whoosnap S.r.l, with HQ in Rome, Via Marsala n. 29 H/I and all the users who sign up to the service through the mobile App and the web site insoore.com.
1.2. With this agreement, Insoore grants the user the right to use the Service.
1.3. The user’s registration and the use of the Mobile App and Web Site insoore.com, are subordinated to the integral and explicit acceptance of the following Terms and Conditions, which constitue a legally binding agreement between Whoosnap and the User in relation to the user’s use of the Mobile and Web Application.
2. Duration of the contract – Termination – Cancellation
2.1. The Contract has an unlimited duration and remains in force until the withdrawal by the User or Insoore which can happen in any moment.
2.2. The registered user can terminate the contract at any time and for any reason notifying the service by e-mail at email@example.com.
2.3. Insoore may terminate at any time the agreement with the user for breach of these terms and conditions, for obvious inability to comply with them, for the intention of not to adhere to them, or where Insoore must withdraw by law or by its own activity’s cessation.
The resolution by Insoore may take place in the following forms:
- a) by sending the notice to the email address indicated by the user during the registration process;
- b) by closing the user’s account;
2.4. Upon termination of this Agreement, as a result of the above, all Content, data and user access rights to the Service will be deleted. The photographic inspections made during the period of us of the Application and for which the user has received the related income, may continue to be used by the buyer.
“Inspection request: indicates the request from an insurance or a fleet management company to obtain photographic documentation of a vehicle.”
“Inspection”: is the process that the user has to make in order to provide the photographic documentation. The inspection consists of three main phases: Booking, Photo shooting, Sending.
“Earning”: the earnings (offered in Euro) that the User obtains any time an inspection he makes gets approved.
“Service provider”: Insoore offers a service that puts in contact a community of people willing to make photographic inspections of insured goods with insurance and fleet management companies.
To allow Insoore to provide i its service n the best way, all exploitation and property rights of all images are transferred to Whoosnap.
“Photographs”: are the photographs taken by the User with the camera of his device. The pictures produced through the Insoore Service are classified as “simple or documentary photographs” according to current Italian copyright legislation. (Please refer to the Italian normative references in articles. 87 et seq. Law 633/41).
“User”: the person who uses the application. A user must be a at least 18 years old or a legal entity (for example, corporation, association, etc.).
“The rights on the photographs”: when a user decides to make an inspection taking photographs responding to the request, he assigns to Whoosnap S.r.l. the exclusive right to use and/or sell them.
“Application license”: the license of use of the content belongs to Whoosnap S.r.l. who can give it to whoever purchases the photographs through its platform.
“Platform”: indicates the Mobile App of Insoore and its Web Site www.insoore.com;
“Regular Work Services”: Any service of work made individually in favor of an employer or a client or user, not occasional, including services provided under a contract of employment of any type (fixed-term, part.time, intermittent, indefinitely, apprenticeship) of coordinated and continuous collaboration -even at project- and administration work.
“Occasional Work Services”: any provision of self-employment and services provided and/or purely occasional and desultory, made without any relationship of subordination, stability and/or continuity, with full technical and organizational autonomy, with the exception, however, of the Regular Work Services.
“Applicant/Buyer”: the company which, in accordance with this Agreement, requests a photographic inspection of the state of a vehicle and/or buys a dossier of photos received in response to one of their requests.
“Service”: the service provided by Insoore which allows:
- the insurance and fleet management companies to request photographic inspections of vehicles;
- the user to respond to the inspection requests making photographic documentation of the vehicles in exchange for an economic reward.
4. Insoore Registration
4.1. In order to use the Service it is necessary to download the Insoore Mobile App. To proceed with the sign up it is necessary to be 18 years old.
Registration can be made directly by entering into the Platform: Name and Surname, email address, password, phone number, a photo of both-sides of your ID document and a photo of the User’s face.
4.2. The User is responsible for guaranteeing that no third party has access to his password, and he is personally responsible for any activity made personally or by third parties through his own account, both regarding Insoore and any third parties.
4.3. The User is required to immediately communicate to Insoore any violation of security and any non-authorized use of his own account that he becomes aware of.
4.4 The User must accept these terms before registering. The service can not be used if the terms have not been accepted.
4.5. The User, once registered, must activate the Smartphone’s localization services in order to visualise inspection requests present near him.
4.6. The User, once he has activated the localization, will be able to see the list of active requests near him and receive the notifications via the Application for any new requests. Finally, on a voluntary basis, he may decide to go to the specified place and realize the requested inspection.
Once the inspection is made, it will be sent to the applicant who will decide if approve it or not.
5. Rules and Conduct.
5.1. As a condition of use, the User promises to not use the Service for any purpose that is prohibited by these Terms and Conditions. The User is responsible for all his activities in connection with the Service. In addition, the User must comply with all local laws and regulations, of the state, national and international regulations and, if it is a company, any other code related to advertising, marketing, privacy and self-regulation which may be in force in the area.
5.2. By way of example, and not as a limitation, the User shall not (and shall not allow any third party to)
(a) undertake any action or
(b) photograph, send or in any other way distribute or facilitate the distribution of any Content on or through the Service, that:
– infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or violates any law or contractual obligation;
– they know to be false, misleading, or inaccurate;
– is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, abusive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Whoosnap in its sole discretion;
– contains viruses or any other computer code, files, bombs or programs that are designed or intended to destroy, delete, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or obtain ‘unauthorized access to any system, data, password or other information of Whoosnap S.r.l. or third parties;
– includes identification documents or sensitive financial information to anyone;
Besides, the user agrees to:
- Not use the service for commercial or advertising goals;
- Not pick or spread in any way the other users’ personal data;
- Not elude, disable or interfere in any way with the elements bounded to the App security and the offered services.
Insoore has a zero-tolerance policy against child pornography, Insoore will disconnect and report to the competent authorities all users who publish or distribute child pornography.
Insoore will proceed in evaluating the content sent by the users in response to the requests. If it values them, according to its unchallengeable judgment, not compliant with the following Agreement or with the law, it reserves, in any moment and in any case, the right to delete them from the Platform.
5.3. In reference to the permission to make inspections in public places, the Italian law states that it is possible to perform them only if the concerned vehicle is on public land (streets, squares, car parks, etc). In fact, it is not possible to make an inspection if the vehicle is on private land (garage, private courtyards, private car parks, etc).
As a safeguard towards third parties, we ask the Users to use the blur function of the App to obscure the vehicle license plates and people’s faces that may be present in the photos taken.
Insoore accepts and publishes only the inspection requests in which the owner/company owner of the vehicle has given, to his own insurance company, the consent for his vehicle to be photographed.
N.B: The User and/or the Applicant agrees to release Insoore from liability of any damage caused to other Users or to third parties following the publication and/or their economic exploitation, of images without obtaining their consensus.
6. Insoore as a Service Provider to facilitate the sale of photos.
6.1. Insoore doesn’t carry out any administration, promotion or labor intermediation (ex. 4, 5 and 20 of Legislative Decree no. 276/2003 cd. Biagi Law).
Insoore exclusively facilitates the trade of pictures and allows those who capture pictures to be put in contact, with those who have the need to request and/or purchase photos.
To allow Insoore to provide its service in the best way, all exploitation rights of image and rights of sale on the photos uploaded on the Insoore platform are transferred to Insoore.
6.1.1. The user, besides, grants to Insoore, even pursuant to and by effect of the art.88 of the L. 633/1941, with the sole publication of photos or other content through the Platform, an exclusive license, free and transferable to third parties (with the right to grant sub-licenses) for the use, the private or public reproduction, the distribution, the economic exploitation of any kind, including the right of editing the content or assembling them with other content. The User agrees, pursuant to and by effect of the art. 96 of the L. 633/1941, prior to the assignment of the right of economic exploitation of the picture or other indicated in the specific section.
6.1.2. The User recognizes and accepts to be the sole person responsible for his own photos and for every other content and the consequences of their publication, and declares to be aware of the fact that Insoore isn’t responsible for any eventual consequence bounded to the aforesaid content uploaded by the user.
N.B: The User recognizes he is not an employee or agent of Insoore, or its affiliates (regardless of assignment or the number of photos taken). Nor does the user have the right to enter into agreements or act on behalf of Insoore or any other party.
7. Insoore as certifier of Photographs.
7.1. Insoore certifies the authenticity of the photo realized in response to an inspection request. 7.2. The unalterability and unchangeability of the content is moreover guaranteed thanks to the detection of the following data:
- Specific place in which the photo content has been realized;
- Date and hour based on the Certificated Universal Time.
8. Rights on the Photographs.
8.1. The User, at the same time in which he uploads any content onto the platform, provides to Insoore the exclusive rights of use, reproduction, distribution, publishing and sale of the content. The User accepts that the photos uploaded onto the Platform may be purchased and used by third parties, who won’t be able to re-sell them.
The copyright remains with the photographer.
9.1. Is the earnings (expressed in Euros) that the User obtains each time an inspection he makes gets approved.
The earnings will be accumulated and made available only after reaching a minimum threshold of 25,00 Euros.
9.2. The User can check at any time the accumulated credit through the “Profile” section of the App.
The credit will be collected directly from the app by connecting a valid PayPal account.
The Italian users will have to take into account eventual statutory retentions. For the determination of Net Compensation, we refer to the indications provided in art. 9.3 of this Agreement.
9.3. The user equipped with an Italian tax code, who responds to inspection requests on Italian territory, will collect the Net Compensation accrued on Italian territory only when the following conditions are met:
- a) the User has filled in a special section of the app called “Tax Data”, in which in particular, he will have to enter his name, surname, nationality, residence address and tax code;
- b) The user has declared, clicking on a special button, that the total income from occasional performance received during the calendar year, including the amount indicated and resulting from the sale of content on Insoore, does not exceed the limit of EUR 5,000.00 as laid down in art. 67, paragraph 1, Presidential Decree 917/1986;
- c) that the Net Compensation is equal to or greater than the minimum amount established of EUR 25.00;
9.4. If the User has an Italian tax code, realizes his content through Insoore on Italian territory, and already provides work services for a public body, he should inform his employer about Occasional Services provided to third parties according to Art. 53 paragraph 11 of the Decree. 165/2001 as amended by Law 190/2012, he shall immediately give notice to Insoore Srl at firstname.lastname@example.org also entering the the public body’s email address.
Insoore, when informed in advance by the user about the existence of an employment relationship between the User and a Public Administration, will execute the legal communications by sending a notice to the Public Authority’s certified e-mail address, containing an indication of the amount of compensation paid to the user in the previous year.
9.5. The user who realizes his content through Insoore on non-Italian territory can collect his Net Compensation matured outside Italian Territory only when the following conditions are met:
- the user has entered all the payment details and in particular: name, surname, nationality, residence address and tax code;
- the Net Compensation is equal to or higher than the established minimum of EUR 25.00;
9.6. The user agrees that, if and for as long as the conditions set out in the paragraphs 9.3 and 9.5 don’t occur, the Net Compensation won’t be due and will therefore not be cashed by the User; Moreover, after 12 months since the last operation that has generated a reward for the User with a total that – along with any other fees previously accrued – remains lower than the minimum set at EUR 25.00, the user’s right to the full amount of the predicted Net Compensation will be considered lapsed and finally given up and extinguished, with the result that Insoore will cancel and reset the credit after having notified the User via e-mail.
9.7. If the conditions set out in the paragraphs 9.3 and 9.5 occur, the Net Compensation will become due and will therefore be collected by the User; consequently the User may ask Insoore to credit the Net Compensation to the PayPal account he previously indicated. Insoore, receiving such payment instruction, will credit the funds to the PayPal account within ten working days from the statement. After making the payment, Insoore will send a confirmation email to the User.
9.8. Insoore, by the 28th of February of each year, will send an email to the User with a statement of the remuneration paid in the the previous tax period.
9.9. Insoore does not issue electronic money and does not provide payment services in accordance with the rules in force, relying for that purpose on services provided by operators authorized under these rules.
9.10. The User is responsible for the veracity of the information referred to in the preceding paragraphs and shall immediately inform Insoore of any change that may occur in the above mentioned information or provide directly, to update, so this information is constantly current, accurate, complete and truthful. In the case that the user has provided, or Insoore has reason to suspect that he has provided, false information or false, inaccurate or incomplete personal data, Insoore shall have the right to suspend the payment of fees.
9.11. The User acknowledges and agrees that the costs relating to the commission of transfer of funds will be borne by the User.
9.12. It is expressly excluded any right or power to compensate, in whole or in part, the amounts of the fees due to the User. It is also prohibited for the User to give credit, in whole or in part, to third parties, by factoring, forfaiting, bank discount or otherwise.
9.13. Insoore, following potential violations of the law or of the present Terms and Conditions, reserves the right to cancel and extinguish any credit accrued by the User according to their unchallengeable judgment.
10.1. The possible remuneration paid to the User for content is regarded as taxable income in the majority of countries.
10.2. The User is required to comply with the taxation laws of his country. The User is responsible for ensuring that all payments on account of tax, value added tax (VAT) and other payments are duly remitted in accordance with the applicable legislation.
10.3. With reference to the Italian law, the relationship with Insoore is configured as “merely occasional work” and is subject by law to a final withholding tax of 20%.
In order to better assess the situation, we strongly suggest the User contacts one of the many Tax service centers (CAF), or his accountant.
11. User Liability.
11.1. The User is responsible for ensuring he has all the rights for the content he publishes, including its copyright, as specified by the copyright laws in force in his country, and the right to transfer the rights referred to in this Agreement to Insoore and the buyer. Otherwise it is up to him to indemnify any damage caused to third parties as a result of the “stolen” content and he releases Insoore and Buyers from liability of any violation or damage created to third parties, to other Users or to the Buyer.
11.2. Accepting this Agreement the User is aware that answering to the inspection requests doesn’t automatically involve gaining from such simple publication since in a first moment, only the applicant chooses which inspection to approve.
11.3. The User must above all ensure (without limitation) that the published content isn’t unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Insoore in its sole discretion.
11.4. The User agrees to keep Insoore and the Buyer undamaged from any eventual claims or damages that may arise during an inspection.
12. Limitations of Insoore Liability.
12.1. Insoore is not liable for the Users neither in respect of contractual liability neither in the case of unlawful act (even if it is a result of negligence); in any case Insoore will not be liable for lost profits, direct or indirect loss of profits or business, nor for any consequential loss or damage, including any destruction of data. Insoore is only liable for direct damages intentionally caused or by gross negligence. In no case shall Insoore be considered responsible for any indirect, consequential, special or punitive damages or for any injury or damage caused by third parties.
The only responsibility of Insoore is limited to the failure of the fee transfer for the purchased content (only if the content can be considered actually sold and chosen by the Buyer) or for the impossibility to download the photos and videos already paid for by the Buyer. In such cases it will be up to Insoore to pay the fee for the provision to the seller of the content and give back the compensation to the buyer in the case the Service does not allow any chance to clearly see the picture once purchased. Insoore may block the use of the user/seller’s account and recover the compensation paid to the seller if the responsibility for the non-use of the service depends on him.
12.2. In order to be clear it is appropriate to specify that Insoore won’t be in any way liable for the damage caused to the User or to third parties as a result of the publication of “stolen” content or images realized without the concerned people’s consent.
13. Storage and use of customer data.
13.1. Insoore records the information given by the user on its own database. The User’s data is collected to allow the application to provide its services and for the following purposes: access to accounts on third party services, contact the User, social features, interactions based on the location, registration, authentication and statistic.
13.2. This information is securely stored and can only be used for certain purposes by Insoore.
14.1. Any complaints regarding the content must be submitted via email at email@example.com.
15. Autonomy of the parties.
15.1. Insoore and its Users, Applicants act with full autonomy and independence. The provisions of this Agreement do not give rise among them to any relationship of agency, partnership, coordinated and continuous collaboration, intermediation or employment.
15.3. If one of the clauses of this agreement is declared invalid by a competent court , the invalid provision will be removed from the Terms and Conditions without vitiating the remaining provisions to the extent that the law allows.
15.4. In case of violation, on the part of the User, of the present Terms and Conditions and/or of the rules of use of the Platform and/or of the rules established from time to time for the single initiative, Insoore reserves the faculty (i) of suspending or deleting (ceasing the contractual relationship) the relative account according to its unchallengeable and exclusive judgement, with or without giving written notice at its total discretion and (ii) of preventing the User from using the Platform.
16. Resolution of Disputes.
16.1. This Agreement is governed by Italian law. The rules of the Convention on Contracts for the International Sale of Goods (CISG) do not apply to this Agreement.
16.2. All disputes arising from this agreement, which can not be resolved through mutual negotiations, shall be settled by the Court of Rome.
17. Contrary interpretation.
17.1. Each provision or part of this Agreement shall be construed in any case in its entirety in the proper meaning and not involve a presumption that its terms should be interpreted more narrowly against one Party, for example, based on the rule of interpretation according to which a document must be interpreted more strictly against the party who prepared the same, with the understanding that the parties have decided on their own to accept this Agreement without any constraint.
Specifically this contract approves pursuant to art. 1341 of the Civil Code, the following items: 2 (Contract Duration – Resolution- Withdrawal), 5 (Rules and Conduct), 6 (Insoore as Service Provider to facilitate the sale of photos), 8 (Photos’ Rights), 9 (Compensation), 11 (User Liability), 12 (Limitations of Insoore Liability), 14 (Complaints), 15 (Autonomy of the parties), 16 (Resolution of Disputes) and 17 (Contrary interpretation).
THIS AGREEMENT WAS ORIGINALLY ISSUED IN ITALIAN AND SUBSEQUENTLY TRANSLATED INTO OTHER LANGUAGES. THE FIDELITY OF TRANSLATIONS CAN NOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE VERSION IN ITALIAN AND THAT IN ANY OTHER LANGUAGE, THE ITALIAN VERSION WILL TAKE PRECEDENCE.
Terms and Conditions - 07/2017