Welcome to docsity.com (hereinafter referred to as the "Website" or as Docsity), the digital platform for sharing documents and contents dedicated to students and professionals, that lets you share files and notes, download documents, or download files in digital form upon payment - that have been uploaded by other Users (as hereinafter defined) within the relevant categories on the Website-, and to benefit from a number services that shall be provided on the Website by Ladybird S.r.l., with its registered office in Via Leonardo da Vinci, no. 16, 10126 - Torino (TO), VAT no. 10816460017, share capital € 20.000,00 (hereinafter also referred to as "Ladybird").

These General Terms and Conditions, along with the additional special terms and conditions provided by Ladybird, which are reported at the moment of registration during the access procedure to single contents or Services (as hereinafter defined) (the above also referred to as the "TOS" hereinafter), govern the access, the navigation and the use of the Website, which is accessible also through third-level domains, other than the provision and the fruition of the several contents and Services therein available, and shall apply to all guests and/or users, either they are registered or not (hereinafter also referred to as the "Users").

By browsing the Website and using the contents and the Services available therein, Users express and declare to have read, understood and accepted the TOS, thereby acknowledging acceptance and compliance.

Therefore, Users are invited to read carefully and integrally the TOS before using the Website and its functions, and should they fail to agree with any of the clauses established herein, they shall be recommended to abandon the navigation of the Website.

Regarding any request, assistance or claim, Users may contact Ladybird by sending an email to the following address: info@docsity.com.

1. REGISTRATION ON THE WEBSITE - ACCOUNT

1.1. To fully and correctly use the Website, and use the contents and the Services available therein, Users shall register on the Website by filling the relevant registration form, signing up to one of the payment plans available on the site (hereinafter referred to as "Plan" or "Plans") as illustrated in detail in Paragraph 2. To access the Services and to correctly use the Website, Users shall be required to supply further information at every step of registration. Failure to subscribe to a Plan, register and communicate the necessary information and data requested therein shall determine the impossibility for Users to enter the Website completely and correctly use the Website and its Services available therein. For further information about the processing of the User's personal data and the legal basis thereto, please refer to the Privacy Policy

1.2. User registration shall be unique concerning every service provided by Ladybird.

1.3. The registration on the Website shall only be allowed to people over the age of eighteen. Registration may also be allowed to people under eighteen but over fourteen years, duly authorised by their parents or their authorised guardians. Concerning corporations, companies and associations (legal entities), registration shall be made by the authorised legal representative, or by the duly appointed person with the necessary powers. Users that have been previously suspended or removed from the Website shall not be allowed to register again. By registration, Users shall confirm possession of the above-said requirements.

1.4. Users represent and warrant the accuracy, completeness and truthfulness of the information provided to Ladybird upon registration, as well as any information provided during the use of the Website, its contents, and its Services hereby including any data provided at the access to Services, including any payment details supplied when subscribing to a Plan and/or renewal of the same. Ladybird retains the right, at its discretion, to refuse Users' registration, or to interrupt or suspend - even permanently - access to the Website and/or the use of the Services, should any Users' information result to be, in whole or in part, false, incomplete or inaccurate. Users undertake to constantly update their account information, by promptly communicating to Ladybird any variation through the account, by email or other written communication.

1.5. Upon registration, Users shall provide a username/email whereby Ladybird shall communicate, to the given email account, the necessary password to access the Website. The username and password shall be strictly private and personal, and Users undertake to save them with the utmost care and to keep them secret and confidential, and not to communicate or assign them to any third party. By using username/email and password, and signing up for a Plan, Users shall have access to any of the Website' sections, and to Services whose admission shall be enabled from time to time, also based on the Basic or Premium Points as described in Paragraph 2 herein. Users shall be exclusively responsible for the maintenance of the secrecy and confidentiality of the username/email and password, as well as for limiting access from their personal computer, in addition to managing their Virtual Docsity Wallet as described in Paragraph 2 herein. Users accept any responsibility arising from the use of its username/email and password, and undertake to indemnify and hold Ladybird harmless, along with its employees, shareholders, managers, consultants, etc., from any request should be claimed by third parties arising from and/or relating to the use of the Website and or the Virtual Docsity Wallet through User's username/email and password (should such use be unauthorised), as well as from any damages, costs, or expense that Ladybird, its employees, shareholders, managers and consultants, should incur thereof.

1.6. Whereas it is necessary to supply identifying information to register on the Site and to subscribe to a plan, Ladybird shall allow the use of a nickname as identification for the use and the fruition of the contents and Services available therein, to hide the identity of the User to other Users; in any case, the real identity of the Users shall be used or communicated by Ladybird to assess and pursue crimes and offences and/or in case of violations or breaches committed by Users, and/or claims against them, notwithstanding the provisions of the Privacy Policy.

1.7. Users shall promptly communicate to Ladybird any event where the username/email and password are not secure (e.g. loss, misappropriation or illegal or unauthorised activities, or because of third-party use of their username/email or password).

2. PLANS, VIRTUAL DOCSITY WALLET, BASIC AND PREMIUM POINTS, TYPES OF CONTENT AND PURCHASE METHODS

2.1 Introduction

To take advantage of the contents and services, it is necessary to subscribe to one of the Plans published by Ladybird on the Site and to spend the Basic and/or Premium Points available on the Virtual Docsity Wallet, as per this article.

2.2 Plans

There are two types of Plan: a) "Free"; b) "Premium".

By opening the account and registering for Docsity, the User automatically signs-up to the Free Plan.

The Premium Plan, on the other hand, is a paid service and to register, you need to submit additional data requested by the Site, including the payment method from those available.

Premium Plans have a different duration and are better indicated on the Site.

The Free and Premium Plans entitle you to what is indicated in the following points.

2.3 Basic Points, Premium Points and Power Recharge

To take advantage of one or more contents and services made available on the Site, the User must spend their Basic or Premium Points which they can acquire and use as follows:

(a) the Basic Points ("Basic Points") can be acquired through various methods better described on the Site at the following link. To take advantage of the contents and services, it is necessary to subscribe to one of the Plans published by Ladybird on the Site and to spend the Basic and/or Premium Points available on the Virtual Docsity Wallet, as per this article. The Basic Points, marked by blue, can only be spent to purchase documents made available by other Users. To acquire Basic Points it is not necessary to pay fees to Ladybird.

(b) Premium Points ("Premium Points") are included in the Premium Plans for a fee as indicated in the Premium Plans themselves. Also, by signing-up to Premium Plans allows you to purchase additional Premium Points through power recharge ("Power Recharge"). Power Recharge are divided into different paid packages, which include a different number of Premium Points based on the prices indicated in the Power Recharge package published on the Site. Power Recharge provide fees to be paid to Ladybird according to the payment methods indicated on the Site. Once purchased, the Premium Points related to that Power Recharge, will automatically be loaded into the Docsity Virtual Wallet referred to in point 2.4 below. Premium Points are marked in yellow and can be used to take advantage of any content and Service offered on the Site. Power Recharge cannot be purchased by Users who have not signed up for a Premium Plan.

2.4 The Virtual Docsity Wallet

The Basic and the Premium Points are made available to the User through a virtual wallet, created in the User's name and directly accessible from their account ("Virtual Docsity Wallet"). Access to the User's account will give them the possibility of a) directly accessing his Virtual Docsity Wallet, b) checking accumulated Base and/or Premium Points; c) checking the history of expenses in Base and Premium Points; d) spending the Base and/or Premium Points to purchase content and/or Services on the Site, according to these TOS. The Virtual Docsity Wallet is not a payment account in legal tender.

2.5 Common provision related Basic and Premium Points

2.5.1 DOCSITY IS A DOCUMENT SHARING PLATFORM OFFERED BY OTHER USERS. THE BASIC AND PREMIUM POINTS (JOINTLY THE "POINTS") DO NOT REPRESENT IN ANY WAY CURRENCY WITH LEGAL TENDER. THEY CANNOT BE USED OUTSIDE THE DOCSITY PLATFORM AND CANNOT BE CONVERTED INTO ANY CURRENCY HAVING COURSE IN ANY OTHER SHAPE OR FORM (BE IT COMPLEMENTARY, UNIT OF ACCOUNT OF OTHER DIGITAL PLATFORMS, CRYPTOCURRENCY, ETC.). USERS ARE FORBIDDEN TO EXCHANGE THE BASIC AND PREMIUM POINTS BETWEEN THEMSELVES AND/OR TO SELL THEM INSIDE OR OUTSIDE THE DOCSITY PLATFORM. ANY BREACH THAT LADYBIRD NEEDS TO VERIFY MAY RESULT IN THE SUSPENSION AND/OR CLOSURE OF THE ACCOUNT AS WELL AS ANY COMPENSATION FOR THE DAMAGES SUFFERED BY LADYBIRD AS A RESULT OF SUCH VIOLATION ATTRIBUTABLE TO THE FACT AND RESPONSIBILITY OF THE USER.

2.5.2 Upon expiry of the Premium Plan, the User can no longer spend and/or accumulate Premium Points. Any Premium Points still available on the Docsity Digital Wallet shall be cancelled automatically when the Premium Plan expires. The User will receive a notification before the Premium Plan expires or before deactivation of their account so that the User can proceed with the possible use of any available Point, before the Premium Plan expires. In the event of a Premium Plan renewal, any Premium Points related the previous expired Plan will be cancelled and the new Premium Points relating to the renewed Premium Plan will be credited into the User's Digital Docsity Wallet. 

2.5.3 Save for what provided in art. 2.5.2 above, in the event of a Premium Plan renewal, Premium Points purchased through Power Recharge in the period of validity of the expired Premium Plan shall not be cancelled after the renewal of the Premium Plan itself and can be used in the renewed period. However, it is understood that the Premium Points purchased with Power Recharge can be used within 12 (twelve) months from their purchase and after this period, they will be cancelled even when there is a Premium Plan. In the case, however, of non-renewal of the Premium Plan, Premium Points purchased with the Power Recharge can no longer be used and will be cancelled from the Docsity Virtual Wallet.

2.5.4 Basic Points do not have a deadline, except when the personal account is closed under these TOS. Docsity reserves the unilateral right to establish a minimum duration for the use of the Basic Points and/or curtailment criteria, informing the User with adequate notice of the modification of these rules.

2.6 Type of content and means of purchase

Access to the Site allows Users to take advantage of the following services:

(a) Basic Services ("Basic Services") referred to in the Basic Plan, and in particular (i) the possibility of uploading documents to be published on Docsity; (ii) possibility to accrue Basic Points; (iii) possibility to download or view documents uploaded by other Users ("P2P Documents"); (iv) use the basic level "Quiz Cards" according to the limitations set out in the terms indicated in the Basic Plan and on the Site; (v) ask questions to the Docsity community; (iv) possibility to review universities; (vii) other features and services made available from time to time for the Basic Plan;

(b) Premium Services referred to in the Premium Plan ("Premium Services") and in particular (i) purchase of Premium Points to be used within the period indicated in the chosen Premium Plan and for a quantity indicated in the same Plan; (ii) possibility to purchase additional Premium Points through Power Recharge; (iii) possibility to download and/or view, by spending the Base Points, P2P Documents and to download and/or view, by spending the Premium Points, documents made available for sale on Docsity in Marketplace mode ("Documents Store"); (iv) possibility to book and purchase, through Premium Points, private lessons and tutoring services offered at a distance ("Tutoring Services"); (v) use the Quiz Cards referred to in the Premium Plan and on the Site; (vi) absence of advertising; (vii) other services and products possibly included in the Premium Plan as integrated and/or modified from time to time;

The Services referred to in letters a) and b) above are also collectively referred to as "Services"

Ladybird shall only provide programs, technological assets and digital platforms for the access and the use of the Website, being understood that Ladybird shall be indemnified and hold harmless by the Users from any other responsibilities, as indicated under Article 10 of these Terms of Conditions.

2.7 Basic Services (free)

(a) Nature of the service: Ladybird shall provide to Users the programs and the technological assets, from time to time made available on the Website, suitable to allow Users to upload, download, share and exchange for free, directly with each other, P2P documents, information, texts, digital material in general with didactical and/or informative content, with particular reference to academic or pre-academic interest (hereinafter also referred to collectively as "Digital Contents"), all of the above under the modality and operations from time to time indicated on the Website and in the Basic Plan (hereinafter referred to as "Basic Services").

(b) Modality of activation and operation: the activation of the Basic Services shall be provided to Users that have completed the relevant registration under these TOS. The Digital Contents shall be downloaded for free by using, where indicated, the Basic Points acquired through the Website according to the mechanism hereafter described at the Site's section "Points Management" and in these TOS, or by sharing contents or know-how.

(c) Fees: Basic Services are provided and available to Users for free. The total or partial use by the User of the Basic Services or of the Basic Points within the terms indicated in these TOS or the related Plans is at the User's sole risk and does not determine any right to reimbursements, indemnities or whatever.

(d) Duration: the Basic Services have an indefinite duration, except as indicated in these General Conditions concerning the use of the Base Points and notwithstanding the possibility for Ladybird to suspend or close the User's account and the related Basic Services according to these TOS.

2.8 Premium Services 

(a) Nature of the service: Users may sign-up to a Premium Plan that allows them, for the entire duration of the plan to enjoy the services laid out in Article 2 and the Plan itself.

(b) Modality of activation and operation: Premium Services shall be granted to Users that have completed the relevant registration and have purchased the relevant Premium Plan.

(c) Fee: The Premium Service is available to Users upon payment of the relevant subscription fee, as indicated on the specific section "Premium Services" on the website. The amount of the fee shall vary depending on the term and type of Premium Plan that Users select. Users shall pay the relevant fee by using either credit card, PayPal or other payment means available on the Site. In case of a purchase of any service or product available on the Site, and made through a credit card or any other digital payment method by the User, the User authorizes Ladybird to send instructions to the financial institution that issued such a credit card or that manages the digital payment method, in order to correctly process the payment, and any future payments or renewals. The User, to the extent permitted by applicable law, indemnifies Ladybird from any responsibility for any incorrect information provided by the User, or in case of theft or loss of the User’s credit card or unauthorized access to the User's digital payment method.

Failure to use, in whole or in part, Premium Points as per these TOS, shall entail that Users do not have any right to obtain a reimbursement, in whole or in part, of the fee paid or any other compensation.

(d) Term and renewal: Premium Services are available for the duration indicated in the Plan selected. Upon expiry, the Premium Plan shall be automatically renewed for an equal duration, unless the User cancels the subscription from the appropriate section of the Site and in the TOS 2.0 as per Article 11.3 hereunder. Users may, at any time, manage and avoid such automatic renewal, without suffering any penalty or burdens, by accessing to link, or should such a payment be made through PayPal, Users shall deselect the option "automatic renewal" available within the User's Order Management section on the site. Users shall also be allowed to withdraw from the Premium Plan - automatically renewed- with no charges, and with a right to obtain a reimbursement should i) such withdrawal is exercised within and not later than 24 hours from the renewal, and ii) the Premium Plan shouldn't be used in any manner.

If for any reason, the charge for the renewal of the fee on the card or account provided by the User is not successful, the Premium Plan shall be considered expired and the service shall not be renewed with the simultaneous expiration of all Premium Points that may still be available on the Docsity Digital Wallet.

Ladybird, in pursuing its operative and business purposes, shall have the right to increase the fee which shall apply to the new Base to Premium Services, also by publishing such notice on the Website. Should Users reject the new fee shall be allowed to remove the option of "automatic renewal" on the specific section "Subscription and renewal" on the Site, to avoid the renewal of the Premium Plan. In case of failure to notify such a notice, then the new fee shall apply to Users, being considered accepted without any reserve. It remains understood that the above-said right of withdrawal, to be exercised within the time and with the modality hereinabove described, shall not be affected.

(e) Upgrade: Users who have signed-up to a specific Premium Plan may proceed with an upgrade, by selecting a superior Plan (with a longer term, more Premium Points) and greater functions compared to their current subscription; the upgrade may be exercised at any moment by following the appropriate procedure described on the specific section on the Website; the new Premium Plan selected shall apply as of the expiration of the foregoing subscription.

2.9 Marketplace Services (upon payment): The Document Store

(a) Nature of the service: Ladybird allows Users to use the programs and the technological assets, from time to time available on the website, necessary to download, upon payment, directly among each other, the Document Store offers other User Sellers ("Sellers"), all of the above in compliance with the description provided on the Website on its specific section "Store" on the Website (hereinafter "Marketplace Services").

(b) Modality of activation and operation: the activation of the Marketplace Services shall be provided in favour of those Users that have completed the relevant registration. The necessary modality and procedure to proceed with the upload, the offer and the download - upon previous payment - of the Document Store or other Digital Contents are better described on the specific section "Store" on the Website. To make purchases in the Document Store, you need Premium Points. To withdraw money following to the sale of Digital Contents, you need a PayPal account. At the moment of the purchase of Digital Contents, Users purchasing may ask Sellers for a receipt or invoice. Such documentation shall be required before the purchase.

(c) Pre-paid Credits: Users may also purchase the Document Store, and in general Digital Contents on the Website' Store by using Premium Points as per Articles 2.3, 2.4 and 2.5 hereinbefore. 

Failure to use the pre-paid credits, in whole or in part, does not qualify the User for any form of reimbursement or compensation.

(d) Fee: to use the Marketplace Service, Ladybird shall debit the User's Digital Docsity Wallet for the corresponding number of Premium Points, as indicated on the Site next to the Document Store or Digital Content requested. Such payments represent fees for the purchase of Document Store or Digital Content. Ladybird may grant discounts for some categories of Users and/or should specific events occur. 

Ladybird shall maintain the right to modify any time such fees by publishing such notice on the Website; the new fees shall apply as of the date of publication on the Website, and -therefore- shall not apply regarding paid downloads which have been already executed.

(e) Payment to Sellers: Sellers that upload to the Website's Document Store or other Digital Content undertake to assign this content a price in Premium Points which other Users shall pay to download such content. The Sellers shall receive, based on the Premium Points assigned by them for the Store Document or other Digital Content uploaded on the Site, compensation in legal tender by Ladybird. To this end, the Seller, upon uploading the Store Document or other Digital Content, and after indicating the number of Premium Points necessary for the purchase by other Users of this content, will immediately display their consideration recognised by Ladybird at the time of the actual sale of the content and net of any further costs, expenses, applicable commission ("Seller Fee") on the screen. The Seller Fee will be accounted for on the Seller's virtual account available in their Docsity account. Upon reaching a minimum amount of € 10, the Seller may request the transfer to their Paypal account. Payments will be made within 15 days from the request from the Docsity Virtual account to the Seller's Paypal account. The Seller will be liable for the prompt and entire payment of all taxes and social contributions applicable in the country of residence and shall indemnify and hold Ladybird harmless from any relevant claim or liability. Payment will be made via Paypal to the Seller's account. The Seller undertakes to open a Paypal account and is aware that in the case of failure to open such Paypal account with a valid email account, in compliance with the applicable rules, cannot be paid by Ladybird, which can retain any consideration possibly paid to the User for the Store Document or Digital Content sold, even if through Premium Points.

36. The money earned by the Seller is accumulated on their account. Upon reaching € 10, they can request a withdrawal to their PayPal account. Withdrawal requests are paid within 15 days.

(f) After 12 months without the Seller having made any payment request or having a valid email or Paypal account, Ladybird reserves the right not to proceed with the payment and the Seller hereby waives any further claim concerning this consideration also in derogation from the ordinary credit limitation periods.

(g) Reimbursement Policy: should - due to malfunctions of Ladybird digital platform - the Document Store or Digital Content (purchased "as it is, seen and liked"), after the download, be unreadable and/or corrupted or different from what shown in the preview, Users shall notify to Ladybird - within 1 (one) day from the download of the Digital Content - such an event in writing to the email address info@docsity.com. Following to such prompt notification, Ladybird -- upon due verifications -- and if the relevant damage has not been repaired within 5 (five) days from the request of the User purchaser, shall proceed to reimburse the Premium Points to the User who spent them to purchase the Document Store or Digital Content uploaded by the Seller onto Docsity. To such end, the Seller hereby accepts such a procedure, and indemnifies and hold Ladybird and/or the User harmless from any claim and/or request.

Following such reimbursement, User purchaser undertakes to be completely satisfied, waiving Ladybird from any other related liability and giving up any actions and/or claims (herein included the request for reimbursement) against Ladybird and/or the Seller, insofar as the reimbursement of Premium Points as being the only compensation that the User is entitled to. 

(h) The contractual relationship between Users - termination of the sale/purchase agreement: in the event of termination of the purchase contract for Store Documents or Digital Content due to fact and fault not attributable to Ladybird, the User shall not be entitled to a refund of Premium Points.

(i) Ladybird shall assume no responsibility concerning Store Documents and Digital Content generally uploaded by the Seller to Docsity. In particular, Ladybird does not carry out a qualitative and/or quantitative evaluation of these contents. Being a marketplace solution, Ladybird only provides a technological platform available to Users so that they can exchange said content through the aforementioned Premium Points. Therefore, any liability concerning the intellectual property of the contents, their lawfulness, their qualitative and quantitative characteristics remains exclusively with the Sellers, who hereby release Ladybird from any liability in this regard.

3. DIGITAL CONTENTS UPLOADED BY USERS AND USE

3.1 By uploading the Digital Contents on the Website, Users allows Ladybird - free of charge - to host on the Website the Digital Contents, for their use, reproduction, file compression or file conversion for their publication, or other use, under these Terms and Conditions and the functions from time to time available on the Website. Such authorization shall be deemed automatically revoked should the Digital Contents be removed from the Website by Users.

3.2. By uploading the Digital Contents on the Website, Users also allow other Users to visualize, consult and download the Digital Contents, under these Terms and Conditions and other functions from time to time available on the Website.

3.3 By uploading the Digital Content onto the website, the User hereby grants to Ladybird S.r.l. - notwithstanding the moral rights of the authors that remain with the same User - the non-exclusive and free license, without any limitations on time or territory, to use the Digital Content uploaded and sublicense the aforementioned Digital Content to third parties, whether for a consideration or free of charge. The license granted by the User is subject to the following intellectual property rights:

• i. All usage rights and economic exploitation, with full concession/sub-licensing rights - without any limits or constraints of time, space or any other nature and even for consideration -- of the digital content and/or parts thereof;

• ii. The right to publish the Digital Content - in whole or in part - in printed media and/or multimedia portals (both offline and online, through the so-called "electronic publication rights") and/or on printed editions, also subdividing its publication across different dossiers;

• iii. The right to process and/or have the Digital Content produced in paper form and multimedia versions that include but are not limited to: in mute and with sound, in sing and/or speech, in black and white and/or in colour, live and/or with dubbing and with all systems and procedures are already known and/or that could be discovered in the future, as well as the right to adapt the Digital Content for any country, with the rights to "first publication" and to create "special", "back-stage" and/or the "making of";

• iv. The right to process, record, reproduce, publish and/or distribute the Digital Content in its full text or its constituent elements worldwide, in free transposition, by any means and multimedia support (by way of example, but not limited to: iPad; iPhone; smartphone; tablet PC; etc.);

• v. The right to process and reproduce the Digital Content - in whole or in part -- worldwide, through pictorial, sculptural, cinematographic techniques and in any form of artistic expression belonging to art techniques;

• vi. The rights connected, derived and accessory to the rights indicated above, including among others the right of commercial exploitation (so-called "merchandising") of the characters, scenes and/or any other component of the Digital Content in general, along with the production - by way of example and not exhaustive - of videogames, posters, board games, figurines, books, comics, photos, stuffed animals, toys, articles of clothing, stationery items and - more generally - all merchandising products that can be drawn from the Digital Content;

• vii. The right, concerning the nature of the means of diffusion/communication and without prejudice to the moral rights of the author, to make modifications, conversions, adaptations, additions, reductions, suppressions, variations and any other form of processing, including transcription, translation, dubbing and subtitling, and in regards to the setting, inspiration and imprint of what is constituted on the Digital Content and/or of individual parts and elements of the same; 

• viii. The right to publish the Digital Content for printed and digital media as well as the right to reduce the Digital Content to literature and theatrical forms

• ix. The right to further process and utilize the Digital Content through transposition and in new and/or different context, regarding the original, in every way, shape or form without limits of time and space;

• x. The right to implement, during a televised programme and -- in any case -- the course of any use of the Digital Content or individual parts thereof, advertising and/or sponsorships of products of any kind, given that, in this circumstance, the author has no option to raise objections for any title or cause;

• xi. The right to use parts of the Digital Content for any and every form of publicity, advertisement or promotional activity related to the same;

• xii. All instrumental and connected rights in any form related to the exercise, to the protection, to the best use of all the rights listed above.

3.4 For the sole purpose of promoting the sharing service referred to on the www.docsity.com platform, Ladybird shall place its logo, Site link or watermark in any Digital Content, and shall insert a redirecting link to the page of the Site where the aforementioned Content has been uploaded. It is understood that Ladybird's watermark or logo in the Digital Content does not imply Ladybird's assessment of the quality of the Digital Content and its authorship. Ladybird has no knowledge of and/or involvement with the quality of the Digital Content which remains the sole responsibility of the User who uploaded the Digital Content to the Site.

3.5 Without prejudice to the moral author's copyrights, which shall remain to the User, following the upload of Digital Content the User is aware that the management of such Digital Content shall be performed exclusively by Ladybird within the limits permitted by these general conditions and by applicable law.

3.6 Whenever a document is downloaded by a User from the Site, the email address of the author of such document will be displayed in the document's margin in compliance with the provisions laid down on the processing of personal data as well as established in the Privacy Policy

3.7 By uploading the Digital Content on the Website, Users accept all relevant risks and recognise that Ladybird shall not be held responsible concerning an incorrect use -even though illicit- of such Digital Contents by other Users, and as of now renounce to waive any claim against Ladybird, its employees, shareholders, directors and consultants.

3.8 Users do not acquire any right regarding the maintenance of the Digital Contents on the Website, and as of now recognize that Ladybird shall have the right to eliminate such content, even with final cancellation, according to what provided in this TOS.

4. USERS' WARRANTIES AND RESPONSIBILITIES REGARDING CONTENTS UPLOADED

4.1. Users warrants to be the exclusive responsible regarding any information, message, texts, data, photos, video and other material (herein included the Digital Contents) transferred, divulged, shared, or anyhow made available on the Website through its account (hereinafter "Contributions").

4.2. At the moment of the upload on the Website of any Digital Contents, or -more generally-, or the sharing of any Contributions, Users acknowledge and warrant (i) to be the author of such a Digital Content or Contribution, or -anyhow- to be authorized by the proprietor to dispose of such Digital Content or Contribution; (ii) not to be associated to SIAE, or any other private or public company with reference to the protection -for and on behalf of authors or editors- of data and contents, nor to have appointed any of such companies, and that such Digital Contents or Contributions -in any of its part- is not protected nor administrated by SIAE, or any of the above said companies, and that -therefore- no fees are due; (iii) that such Digital Content or Contribution is not illicit, defamatory, libellous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights; (iv) that the publication of such Digital Content or Contribution on the Website, and the relevant use pursuant to this TOS and the functions from time to time available on the Website, does not violate any third parties' rights, with particular reference to any copyright and intellectual property's rights.

4.3. At the moment of uploading any Digital Contents or Contributions on the Website, Users warrant and guarantee that such documents are not subject to any DRM (Digital Right Management), and that do not contain any software that avoids the unlimited visualisation, use, or copy.

4.4. Users, moreover, warrant and guarantee that the Digital Contents and/or Contributions made available on the Website through its account do not contain virus, adware, spyware, worms or any other program or malware codes.

4.5. Users undertake to indemnify and hold Ladybird (its employees, shareholders, directors and consultants) harmless from any claim arising from any other Users or third parties (herein included SIAE or any of the above said companies) for misconducts and/or violation of any third parties' rights, with particular -but not limited- reference to copyright and intellectual property rights, related to the Digital Contents and/or Contributions uploaded, and -more generally- to any Contributions made available on the Website through its account, and/or concerning asserted fees or indemnifications due relating to the above said Digital Contents and/or Contributions, other than from any damages, costs, burden and expenses (herein included legal expenses) that Ladybird (its employees, shareholders, directors and consultants) suffered.

5. MORE USERS' OBLIGATIONS

5.1. Users undertake:

(a) not to use the Website, the contents, and the Services therein available for, direct or indirect, commercial purposes, and/or for-profit purposes, except where permitted;

(b) not to offer or make commercial proposals, and not to send advertising and/or spam to other Users of the Website (herein included, but not limited to, promotional contents, mail and/or emails with commercial and/or marketing purposes, emails or text messages chains, informational announcements), except for what related to the modality of promotion of the Digital Contents expressly provided and allowed for the specific Services and better described on the Website;

(c) not to upload, publish, distribute, contents for purposes related to marketing, advertising, spam, search engine ranking, or upload, publish, distribute contents with HTML format with links or redirects, or any other commercial content, except where expressly allowed on the Website;

(d) not to use, for any reason, the Website for illicit purposes, or in violation of any local, national or international law in force, herein included, but not limited to, law provisions concerning proprietary rights, intellectual property, copyright and data protection's rights;

(e) not to upload, publish, communicate, disseminate, or anyhow share illicit, defamatory, libellous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights, herein included copyright;

(f) not to cancel from the Website or any other contents therein uploaded the copyrights' information;

(g) not to threaten or harass other Users of the Website, or collect, or try to collect, personal information of other Users without their express consent or Ladybird's consent;

(h) not to remove, disable, damage, circumvent or interfere in any other manner with the functions relating to the security of the Website or its contents, with the functions that prevent or restrict the use or the copy of any content available through the Website, or with the functions that strengthen the limitation of the use of the Website or the contents therein available;

(i) not to carry out any reverse engineering, nor to decompile, disassemble, or try to discover in any other manner the source code (in any of its parts) of the Website;

(j) not to modify, adapt, translate, or create works based on the Website or based on any of the contents therein available;

(k) not to interfere in any manner with, or damage, the operation of the Website (and of any of its part), or with the ability of other Users to exploit its functions, herein included, but not limited to, the upload or the spread of a virus, adware, worms, or any other malware codes/programs;

(l) not to send emails from any third party' servers without such parties' authorisation;

(m) not to use any robot, spider, scraper or any other automatic method to access to the Website or its contents, or for any reasons to bypass the security measures provided by Ladybird to avoid or restrict the access to the Website and its contents;

(n) not to imitate nor manipulate in any manner the markers of Users' Digital Contents, shared through the Website to confuse the origin;

(o) not to interfere or trouble the Website, the Website' servers, or the Website internet connection, disregard any requirement, procedure or regulation of the internet connection related to the Website;

(p) not to use the Tutoring Services to contact directly the Tutors and exploit Tutoring Contents outside of the Website.

6. DIGITAL CONTENT REMOVAL

6.1. Ladybird shall have the right to remove -at any moment, and without any obligation of prior advise and without creating any subsequent right of reimbursement in favour of Users- any Digital Contents and/or Contributions that, at its discretion: (i) violate any third parties' rights, with particular reference to intellectual or industrial property's rights, (ii) has illicit, defamatory, libellous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights, contents; (iii) contains a virus, adware, worms, or any other type of malware codes/programs; (iv) is in conflict with this TOS; (v) do not comply with the Website nature and purposes; (vi) originates from a User who has already been excluded by the Website or that performed illicit conduct or that conflict with the Website nature and purposes.

6.2 The User may request the removal of their Digital Content from the Site, reporting this to the Ladybird staff by sending its links to the address: info@docsity.com. Ladybird as the holder of a non-exclusive free of charge license, under no limits on time or territory over the Digital Content (see point 3.3), however, informs the User that - if the Digital Content has already been shared with other Users, it might no longer be removed due to the sharing features of the Docsity platform. Notwithstanding, however, the User's rights to rectify or cancel their personal data per Article 16 and 17 EU Regulation on Personal Data Protection EU 2016/679 including the email address the User indicated in its Digital Content which will be removed from such document.

6.3. Users, moreover, may report to Docsity staff, at any moment, any violation related to the Digital Contents by using the specific push-button situated on the top-right zone of the Website.

7. RIGHT OF WITHDRAWAL AND ACCOUNT CLOSURE - ILLEGAL USE OF THE WEBSITE

7.1. Pursuant to any and effects of the Consumer Code (Legislative Decree no. 206 dated 6 September 2005), should such code apply, Ladybird informs Users as follows.

Users may exercise the right of withdrawal, at any moment, and solicit the closing of its account, without suffering any penalties and without indicating the reasons, only by sending an email at the address: info@docsity.com. Ladybird shall provide User with the closure of such an account within 10 (ten) working days following from the notice, except for technical problems relating to the correct function of the Website. The withdrawal shall not have any retroactive effect, and shall not prejudice the provision of services which execution has already commenced. Moreover, it shall not prejudice the contracts related to the download of the Digital Contents which have been undertaken by and between Users, along with the relevant fees due to Ladybird. Closing the User's account does not imply the removal of any User's Digital Content on the site itself, save the anonymization of the Digital content upon request of the User as per Article 6.2 above. Should such Digital Contents have been already purchased by other User, Ladybird shall allow such a User to visualize the relevant Digital Content to provide the download of the same.

7.2. Ladybird shall have the right to suspend or close -also definitively- the account and interrupt any operations of the Website by the User, also by preventing the access, immediately and without any prior advise - at Ladybird's discretion - if User:

(a) does not provide, or did not provide, in whole or in part, data and information updated, complete, truthful and correct;

(b) uses, or used, the Website with and/or for illegal modality and purposes, or that Ladybird considers inconsistent with the nature of the Website (herein included, but not limited to, broadcast or sharing of a virus; sending or disclosure of advertising; emails chains; spamming; broadcasting and/or sharing and/or diffusion of illicit materials);

(c) violates, or violated, any third parties' copyright or intellectual property rights;

(d) violates, or violated, in whole or in part, this TOS.

Closure of User's account implies deletion of User's Digital Contents contained on the Website. It remains, moreover, understood that in no case User shall have the right to obtain the restitution of any amounts paid to Ladybird relating to the use of the Services, and shall remain bound to correspond any remaining amount due.

7.3. Ladybird shall have the right to use any legal means to avoid, and oppose, any illegal use of the Website and the contents and Services therein available, herein included but not limited to the possibility of identifying the IP addresses and contact the Internet Service Provider to whom User refer concerning such illicit use of the Website.

7.4. Without prejudice for any other remedy or actions, Ladybird shall report to the competent authorities any activities considered as fraudulent, abusive or illegal.

8. LADYBIRD PROPRIETARY RIGHTS

8.1. Docsity platform is owned and operated by Ladybird. The visual interface, the graphic, the project, the information, the source code (whatsoever is the form), the products, the Services, the software and all of the parts of the Platform provided by Ladybird (Proprietary Contents) are protected by copyright.

8.2. All Proprietary Contents are property of Ladybird, or to the same licensed by third parties.

8.3. Users undertake not to copy, modify, readapt, reproduce, publish, broadcast, distribute, sell, sublicense, communicate, or share with the public, create derivative works from, or use in any unauthorized way, the Proprietary Contents.

9. LINKS

9.1. Ladybird may provide, through the Website, links to other websites, resources and internet services over which doesn't exercise any kind of control, and due to this reason, has no liability for damages, claims or losses, direct or indirect, occurred to Users arising from and/or related to the use and/or the functions of such websites or services reached through related links.

9.2. The websites, resources and internet services reached through the related links provided by Ladybird shall not, in any manner, be shared or supported by Ladybird, and, therefore, Users undertake to be the only responsible concerning the purchases or regarding any activities performed through such links.

9.3. The Digital Contents uploaded on the Website may be embedded by Ladybird on third parties' websites. In any case, the download, upon payment, of such Digital Contents shall continue to be subject to this TOS.

10. LADYBIRD WAIVER OF RESPONSIBILITY

10.1. Concerning the Services, Users undertake, and accept, that Ladybird is acting exclusively as a digital service provider relating to the access and the use of the Website, by merely making available a computer service, without assuming any direct or indirect role regarding the use of the Website and its functions by the Users, along with the sharing and/or the purchase of the Digital Contents and the Tutoring Contents, which occur under the direct and exclusive responsibility of Users, without any control performed by Ladybird.

10.2. Ladybird shall not have any possibility to verify any possible violation of law or third parties' rights when Digital Contents and/or Tutoring Contents are uploaded on the Website. Users, therefore, recognize, and accept, that Ladybird is not required to and is not able to provide any monitoring activities concerning the Digital and Tutoring Contents, nor regarding the use made by Users. Therefore, Ladybird shall not be deemed liable should the Digital or Tutoring Contents, when uploaded by Users, contains material, either illicit, offensive, injurious against third parties' rights, or is false, incorrect, incomplete and/or inaccurate, misleading, or should the publication, the sharing, the use and/or the purchase through the Website affect the copyright, intellectual and/or industrial property, of any third parties' rights. Without prejudice for the above, any violations may be reported to the following address: info@docsity.com.

10.3. Ladybird shall not endorse any content, opinion, recommendations or advice anyhow expressed by Users on the Website, and disavows any related responsibilities.

10.4. The Website, and any Contribution therein (herein included the Digital Contents, the Tutoring Contents and, more generally, any data, information, software, content, services, functions, links to other websites and/or application operating along with the Website, are provided "as they are" without any guarantee concerning their correctness and their real content or functions.

10.5. Moreover, Ladybird shall not be held responsible concerning issues that may affect the download and/or the correct visualization of the Digital Content, related to errors, virus, or any other components of such contents, or relating to their format and/or incompatibility with Users' operative system. Facing such conditions, it remains understood that Users shall not have any right of compensation or reimbursement, in whole or in part, regarding the use of the Digital Content and/or the amounts paid and/or the fees corresponded to Ladybird to use the Services available on the Website.

10.6. Ladybird does not offer a guarantee that the Contribution therein (herein included the Digital Contents, the Tutoring Contents) and, more generally, any data, information, software, content (including commercial contents), services, functions, links to other websites and/or application operating along with the Website, are provided without suspensions and/or interruptions, or are free from errors, virus, or other components potentially dangerous, and regarding the above does not assume any relevant responsibility.

10.7. Users recognize that the use of the Website, of its functions and the contents along with the Services therein available, are provided on its own and exclusive interests and risks. Ladybird shall not offer any guarantee regarding the use, relating to its convenience, or that the use is safe or without errors, nor shall offer any guarantee about the expected results, or the results reached by Users through the use of the Website, of the contents and the Services therein available, and shall not assume any responsibilities. The Digital Contents, should they have educational content, along with the Tutoring Contents, are to be considered complementary and not substitutes of the educational programs; Ladybird shall not guarantee, in any case, their utility.

10.8. Ladybird shall not assume any responsibilities regarding any damages occurred to Users assets or personal effects (herein included the personal computer), along with damages or losses (herein included losses of data) arising from the download or the use of the contents available on the Website, herein included the case of transmission of informatics virus.

10.9. Ladybird is not able to guarantee that the security measures provided to protect the Digital Contents are not breakable, that there are no "leaks", or the possibility to avoid or break such security measures.

10.10. Without prejudice for the above, Users expressly recognize and agree that:

(a) Ladybird shall not be held responsible for any damage, of any nature, that shall occur, directly or indirectly, to Users arising from and/or relating the Website, its use, and the use of any contents and/or Services therein available;

(b) Ladybird shall not be held responsible for the use that Users or third parties make regarding the Contributions (herein included the Digital Contents), either uploaded by Users or made available on the Website, or concerning the Tutoring Contents that Users enjoy through the Website, and shall not guarantee, nor can avoid, that such Contributions shall be used in an improper and/or illicit way;

(c) Ladybird shall not be held responsible for any damages, of any nature, suffered due to the products and/or services sold or in any manner distributed through the websites promoted or in any manner related to Docsity Platform;

(d) Ladybird shall not be held responsible regarding the correctness, completeness, and truthfulness of the information published on the Website, or made available by Users relating to the Digital Contents offered and/or the Tutoring Contents;

(e) Ladybird shall not be held responsible for the fulfilment or non-fulfilment of the obligations undertaken by Users that offer their contents and/or those Users interested on the sharing and/or the purchase of the Digital Contents and/or the Tutoring Contents, as well as any vices and/or defects, either visible or invisible, and/or the failure of quality on such Digital Contents and/or Tutoring Contents and in relations to their features, remaining understood that such sharing and/or sale/purchase are carried out exclusively by and between Users, being Ladybird unrelated to such relationships;

(f) Ladybird shall not be held responsible regarding the contents of the Digital Contents and the Tutoring Contents, their lawfulness, offensiveness, harmfulness of third parties' rights, accuracy, completeness, correctness, truthfulness, and usefulness, as well as the fact that such contents, their publication, share, fruition and/or purchase through the website may injure any third parties' copyright, intellectual and/or industrial property rights.

10.11. Without prejudice for the above, it remains understood that Ladybird shall be liable in case of wilful misconduct and gross negligence.

10.12. Users undertake to indemnify and hold Ladybird (along with its employees, directors, shareholders and consultants) harmless against any claims arising from other Users or third parties concerning and or in relation with the use of the Website, its contents or Services, functions, products or services provided or anyhow made available through the Website, as well as from any damage, costs, burden or expenses (herein included legal expenses) that Ladybird (along with its employees, directors, shareholders and consultants) should consequently suffer. Users, in case of uploading of any Digital Contents and or by making available any Tutoring Contents on the Website, shall guarantee the lawfulness of such contents, and the absence of any third parties' right that could limit or avoid their use, according to these terms, herein included the sharing or the sale to other Users, as of now undertaking to indemnify and hold Ladybird (along with its employees, directors, shareholders and consultants) harmless from any damage, costs, burden or expenses (herein included legal expenses) that could arise from third parties' claims due to such violations.

11. MODIFICATION TO THIS TOS

11.1. According to operational and business issues, and to improve the Website and its functions and operations, Ladybird shall have the right to provide, at any moment and without any prior advise, modifications and/or integrations to these TOS, informing Users of such changes by publishing on the Website. Such modification and/or integrations shall apply as of the date of the publication on the Website.

11.2 The Use of the Website following such modifications and/or integrations implies the full acceptance of the new TOS by Users. Users are, therefore, invited to constantly verify the content of this TOS, in the light of the modifications and/or integrations from time to time provided, and not to use the Website should Users intend not to accept, in whole or in part, the new TOS.

11.3 Entry into force of the TOS version 2.0 and predated compatibility. This version 2.0 of the TOS comes into force on 1 May 2020. To allow a smooth transition of the previous subscriptions possibly in progress with the Users, these subscriptions will be automatically converted according to the terms indicated below. Ladybird shall notify Users of the entry into force of these TOS and the criteria for automatic renewal and modification of subscriptions into the new Plans, to allow Users to evaluate withdrawal from the connected Services. It is understood that until the renewal and conversion into new Plans, the User will continue to take advantage of the previous subscriptions referred to in the previous version of these TOS.

Should the User continue to use the Services even after 1 May 2020 and if they do not request an interruption of the Services following the email notification sent by Ladybird concerning the changes referred to in these TOS, in the forms and times indicated herein, the User fully accepts the new TOS and the automatic conversion to the renewal of the subscriptions as indicated above, renouncing any further claim, refund, compensation, indemnity or anything else against Ladybird and/or the Sellers, Tutors or other Users.

The User shall have the right to cancel the Plan as indicated in the TOS

12. PRIVACY POLICY

12.1. Personal Data provided by Users or whatsoever acquired during the navigation on the Website, shall be subject to the use by Ladybird in compliance with the protection of personal data. Users, therefore, are invited to carefully read the Website Privacy Policy.

13. GOVERNING LAW AND JURISDICTION

13.1. This TOS, their interpretation, validity, execution, modification and termination are governed by the Italian Law.

13.2. Any controversy arising from and/or relating to these TOS shall be conferred to the exclusive jurisdiction of the Court of Turin, except for those controversies relating Users/Consumers to which shall apply the competent Court of their place of residence or domicile, remaining understood that Users/Consumers means physical persons who seek for Services provided by the Website regarding purposes not relating to their business or professional activities.