Terms & Conditions

“MUV – Mobility Urban Values”

Terms & Conditions

version 2.1 updated on 25 September 2023

Welcome to the MUV platform! 

Our Service is accessible through the MUV mobile application (or “App”) and the website. 

These terms of use are written to inform our users (you) about the Service you have chosen to use, and they contain helpful information expressed in easily understandable language. 

We want to make your gaming experience enjoyable, conscious and safe. 

Article1 – Description

MUV, the acronym for “Mobility Urban Values”, is a digital platform that transforms sustainable urban mobility into a sport and its users into athletes.

MUV is developed and managed by MUV S.r.l. S.B. with a registered office in via Belgio n. 8, 90146 – Palermo (PA).

MUV is owned by MUV S.r.l. S.B.

Article 2 – Acceptance of the Terms

By creating a MUV account or using the MUV platform via the mobile application, mobile device or computer (collectively, the “Service”), you agree to (i) the following Terms of Use and (ii) our Privacy Policy (collectively, the “Agreement”). 

Article 3 – Changes to the Terms of Use

MUV S.r.l. S.B. reserves the right to change this Contract to adapt to any regulatory changes to the Service provided or to introduce new features. The most recent version of the Contract will be published on the App within the section “Privacy and Security” in the Settings and on the website muvgame.com. Users will be notified of such changes through their publication on the site and the App or by email. 

In any case, using the Service after the entry into force of such changes will imply acceptance of the same.

Article 4 – Eligibility

You must be 16 years of age or older to create an account on MUV and use the Service. By creating an account and using the Service, you represent that you meet the age requirements set forth above and warrant that you will comply with the Agreement and all applicable local, state and international laws and regulations. 

Article 5 – Account Registration

To use the MUV Service, you need to create a personal account.

This can be done by creating a profile directly on MUV (both via app and web) by indicating your name, surname, chosen email address and password), or alternatively by using your Apple, Facebook, Google or Instagram login credentials (at the moment only via app).

If you choose to log in with Apple, you authorise MUV to access and use your Apple account name and email address information.

If you choose to log in with Facebook, you authorise MUV to access and use certain information related to your Facebook account, including but not limited to your public Facebook profile and information about your Facebook friends.

If you choose to log in with Instagram, you authorise MUV to access and use certain information related to your Instagram account, including but not limited to your public Instagram profile and information about your friends on Instagram.

If you choose to log in with Google, you authorise MUV to access and use certain information related to your Google account, including but not limited to your public Google profile and Google contact information.

For more information about the information we collect and how we use it, please see our Privacy Policy.

You are responsible for your access credentials on MUV and all activities related to your Account, whether you know them or not.

You agree not to disclose the password of his Account to third parties. If you discover unauthorised use of your Account or if you believe that someone has logged into your Account, please notify us immediately by contacting help@muvgame.com. 

Article 6 – Safe playing

MUV is a game that turns sustainable urban mobility into a sport. To play the game, you need to install the App and use it to track your daily sustainable trips on foot, by bicycle, using public transport, your private transport or shared transport modes such as car-sharing or bike-sharing systems. 

Once the system has validated the route through appropriate algorithms able to certify that the User has adopted the declared mobility system, it will reward him with a certain amount of points. The points depend on the route length, the mobility system used and other parameters such as multipliers or bonuses.

The points represent the primary metric for evaluating the performance of those who play MUV, although not the only one (in some cases, the km, the number of routes recorded or even calories burned could be used), and the various game dynamics offered by the Service are built on it.

During the game, pay attention to your surroundings and play safely. 

The User accepts that the use of the App and the game is at his/her own risk and assumes all responsibility for any claims that may arise while using the Service. 

You also agree not to use the application to violate any law or regulation and not to encourage or allow third parties to violate any law or regulation. 

MUV S.r.l. S.B. will not be liable for any material damage, personal injury or death that may occur during and/or due to the use of the Service, including any legal action resulting from a violation of any law or regulation or in case of willful misconduct or negligence in case of contractual or non-contractual liability on the part of the User. 

Moreover, in case of dispute with one or more users or third parties, the User agrees to indemnify MUV S.r.l. S.B. from any legal action, claim and damage (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, arising from or in any way connected to such disputes.

Article 7 – Modification and Termination of the Service

MUV S.r.l. S.B. is committed to constantly improving the Service, offering new features and gaming experiences designed to be increasingly addictive. This means that subsequent updates of the App and new versions of the website may include new features or improvements from time to time and remove some features or functionality of the Service. These actions will be applied without notice if they do not affect your rights or obligations.

MUV S.r.l. S.B. may also interrupt the Service, in whole or in part, at any time. In this case, it will inform the Users in advance unless such suspension is due to security problems or other circumstances that do not allow it to provide it in the above sense.

You may cancel your account anytime, for any reason, by following the instructions in the “Account” section of the Service Settings and selecting “Delete your profile”. Once the choice has been confirmed, for security reasons, a 30-day retention window will be applied, during which you can recover your account by logging back into the app and choosing to restore it. Otherwise, once the 30 days have expired, all user data will be irreversibly deleted.

MUV S.r.l. S.B. may cancel the account at any time and without notice if it believes the User has violated the Contract. The account cancellation has an immediate effect and involves the termination of the Contract.

Articolo 8 – Rights granted by MUV

MUV S.r.l. S.B. grants the User a personal, limited, non-commercial, non-exclusive, non-transferable, revocable and non-transferable license to access and use the Service. This license is for the sole purpose of allowing the User to use the Service, the Content only in connection with the permitted use of the Service, as provided by MUV and permitted by the Agreement. 

“Content” means text, software, scripts, graphics, photographs, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind and information or other materials that are published, generated, provided or otherwise made available through the Service.

“User Content” means any content that Account holders make available. The Content includes, without limitation, the User Content.

You agree to be responsible for your conduct and User Content while using the Service and for any consequences.

Therefore, the User agrees not to:

• Use the Service or any content on the Service for commercial purposes or the benefit of third parties or in a manner not permitted by these Terms and Conditions of Use;
• Use the Service or any content in the Service for illegal, harmful or prohibited by the Contract, as well as to damage MUV S.r.l. S.B;
• Defame, abuse, harass, harm, prosecute, threaten, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• Post illegal, inappropriate, defamatory, defamatory, obscene, vulgar, offensive, fraudulent, false, misleading or deceptive content;
• Publish content containing expressions of hatred, miners, sexually explicit or pornographic incitement to violence or containing scenes of nudity or unjustified violence;
• Post content that promotes discrimination, racism, fanaticism, hatred or physical threats of any kind against any individual or group;
• Post content that violates or infringes the rights of others, including rights of publicity, privacy, copyright, trademark or other intellectual property;
• Violate or encourage any conduct that may violate any applicable law or regulation, or that would give rise to civil liability;
• Promote or provide instructions on illegal or harmful activities or substances;
• Upload, publish, or otherwise disseminate commercial messages or advertisements, pyramid schemes and other disturbance warnings;
• Cheat, demand money or scam any User;
• Misrepresent or misrepresent your affiliation with another person or entity;
• Transmit viruses, worms, Trojans or other harmful code or otherwise compromise the security of the service;
• Use robots, bots, spiders, crawlers, scraper, data mining tools, search applications, proxies or other manual or automatic devices, methods or processes to access, investigate, retrieve, index, extract or in any way reproduce or circumvent the navigation structure or presentation of the service or its contents;
• Publish, upload, post, transmit, create derivative works from, use or reproduce in any way content that violates, infringes or subtracts copyrights, trademarks, images, moral rights or other intellectual property rights, publicity or privacy of third parties or proprietary information accessible through the Service without the express written consent of MUV S.r.l. S.B;
• Export, extract, copy, disclose, duplicate the Service or any single item within the Service, the name of MUV S.r.l. S.B., any trademark, logo or other proprietary information of MUV S.r.l. S.B. or the layout and design of any page or form contained on a page without the express written consent by MUV S.r.l. S.B;
• Avoid, circumvent, remove, deactivate, endanger, decode or otherwise circumvent any technological measures implemented by MUV S.r.l. S.B. or any other third party (including another user) to protect the Service or the Content;
• Use the Service in any way that may interfere with, disrupt or adversely affect the Service or the servers or networks connected to the Service;
• Use the Service to request passwords to be used for any purpose, or personally identifiable information for commercial or illegal purposes to other Users or to disclose the personal information of another person without their consent;
• Use another User’s account;
• Interfere, or attempt to interfere, with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding with e-mail, spamming, or clogging the e-mail of the Service;
• Use meta tags, codes or other devices that contain references to MUV or the Service (or any trademark, name, logo or slogan of MUV) to direct any person to any other site for any purpose;
• Implement false, falsified, misleading or inappropriate mailings, modifications or removal of data;
• Access, hack or use the non-public areas of the Service of MUV S.r.l. S.B.’s IT resources or of MUV S.r.l. S.B.’s technical providers’ routing systems;
• Delete, obscure or in any way modify any attribution, warning or link appearing in the Services or Content;
• Encourage or promote any activity that violates this Agreement.

MUV. S.r.l. S.B. reserves the right to monitor access to or use of the Service or Content or to review or modify any Content to manage the Service, to ensure compliance with these Terms and Conditions and to comply with applicable regulatory requirements. MUV S.r.l. S.B. also reserves the right to disable access to any User or remove any Content at any time and without notice, for example, if, in its sole discretion, it is deemed that a particular Content is objectionable or violates these Terms and Conditions of Use.

Article 9 – Rights granted to MUV S.r.l. S.B.

By accepting this document, the User acknowledges MUV S.r.l. S.B. the following rights:

• Tracking Right: The User agrees that once the game has started following the voluntary action of initiating tracking, MUV S.r.l. S.B. proceeded to the tracking of its movement (collecting information related to geolocation but also data collected by some components of the mobile device such as accelerometers or gyroscopes) as well as the automatic certification of the declared means of transport (through access to activity recognition services) until such activity is voluntarily interrupted.
• Right to Disclose: The User agrees that MUV S.r.l. S.B. may access, store and disclose information about the account and its contents if required by law or if it believes in good faith that such access, storage or disclosure is reasonably necessary to (i) comply with the law or with judicial or administrative orders; (ii) ensure compliance with the Agreement; (iii) respond to reports of violations of law by third parties; (iv) respond to requests received through customer service; or (v) safeguard the rights, property or personal safety of MUV, its users and the general public.
• Right to Use Content: by creating the Account, the User grants to MUV S.r.l. S.B. the irrevocable, free, non-exclusive and unlimited right to store, use, display, reproduce, adapt, publish and distribute all content generated, transmitted, saved and published. Consequently, MUV S.r.l. S.B. will have the right to use all content of the User. This includes the right to change and modify such content unless such changes or modifications do not affect the User’s material interests. In this regard, to the extent permitted by law, the User declares to waive all intellectual property rights expressly. You also acknowledge and agree that we may monitor or review any content posted as part of the Service. We may delete any content, in whole or in part, that, in our sole discretion, violates the Agreement or may damage the reputation of the Service.
• Right to View Content: the User accepts that any content published or for which they have been permitted to publish on the Service may be viewed by other Users and by any person who visits or uses the Service.
• Truthful and up-to-date content: the User confirms that all information submitted at the time of the creation of their Account, including information provided by their Apple, Facebook, Google or Instagram accounts, is true, accurate, up to date and complete and undertakes to keep it up to date over time. MUV S.r.l. S.B. is not responsible for untrue or inaccurate content created by users.

Article 10 – Prize competitions

Registration to the MUV digital platform allows the User to participate in competitions, such as challenges or tournaments for individual and multiple participants, with the expectation of winning prizes.

The scores achieved to achieve victory will be related to the User’s performance within the aforementioned competitions, according to the modalities indicated in Art. 6 of these Terms and Conditions.

Each of the individual challenges or tournaments will have its own rules, whose acceptance by the User constitutes a condition for participation in the relevant competitions.

Article 11 – Warnings

MUV S.r.l. S.B. provides the Service “as is” and “as available” and, to the extent permitted by applicable law, makes no warranties of any kind for the Service and the Content, including any warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. 

MUV S.r.l. S.B. does not represent or warrant that (a) the Service will be uninterrupted, secure and error-free, (b) any defects or errors in the Service will be corrected, or (c) any content or information obtained through the Service will be accurate.

MUV S.r.l. S.B. assumes no responsibility for any content that any User or third party sends or receives through the Service. Any material downloaded or obtained through the use of the Service is accessible at its discretion and risk.

MUV S.r.l. S.B. declines any responsibility for any behaviour assumed by its Users, both online and offline, and has the right to be relieved by Users under the provisions of art. 6.

Article 12 – Third-party services

The Service may contain third-party advertising and promotions and links to other websites or external services. MUV S.r.l. S.B. is not responsible for such external sites or resources’ availability (or lack of availability). 

If you choose to interact with third parties made available through the Service, the terms of use and related conditions of such third parties will govern their relationship with you. 

MUV S.r.l. S.B. declines all responsibility for the terms or actions of such third parties.

Article 13 – Limitation of Liability

Under no circumstances shall MUV S.r.l. S.B., its employees, licensors or service providers shall be liable for any damages, including indirect, consequential, incidental damages, including loss of profits, whether direct or indirect or for any loss of data or other intangible loss, resulting from (i) the inability to access or use the Service, (ii) conduct or content posted by users or third parties through or as a result of the use of the Service; (iii) unauthorised access, use or alteration of content.

MUV S.r.l. S.B. can only be held liable under the law, regardless of the legal basis of such liability (pre-contractual, contractual, non-contractual), if it has caused certain damage due to intent or gross negligence, thus excluding any liability for slight negligence. 

MUV S.r.l. S.B. assumes no responsibility for downloaded material or material obtained from using the Service. The registered User is solely responsible for any damage caused by such material to your device or for any information lost due to the download.

Article 14 – Copyright legislation

MUV S.r.l. S.B. respects the rules on copyright and expects its Users to do the same. 

It is part of the policy of MUV S.r.l. S.B. to close accounts responsible for repeated violations, ascertained or presumed, of the copyrights of its holders. 

Article 15 – Governing Law and Jurisdiction

The Contract and all contracts connected to it and dependent on it shall be governed by Italian law, even in the event of conflicts between the regulations in force.

Any dispute concerning the validity, interpretation or execution of the Contract and all contracts connected to it and dependent on it, including executive contracts, shall be submitted to the exclusive jurisdiction of the Court of Palermo.

Article 16 – General provisions

These Terms and Conditions of Use constitute the entire and exclusive agreement between MUV S.r.l. S.B. and the User concerning the Service and the Content supersede all oral or written agreements or understandings between MUV S.r.l. S.B. and the User concerning the Services and Content. If any provision of these Terms and Conditions is deemed invalid or unenforceable, the other provisions shall remain in full force and effect. 

The User may not assign or transfer these Terms and Conditions without the consent of MUV S.r.l. S.B.; any attempt to do so by the User without the prior acquisition of such consent will be null and void. 

MUV S.r.l. S.B. may freely assign or transfer these Terms and Conditions without any restrictions.

Notwithstanding the foregoing, these Terms and Conditions of Use shall be binding between the parties, their successors and authorised assigns.

Any notices or other communications provided by MUV S.r.l. S.B., according to these Terms and Conditions and Terms of Use, including those regarding changes to the latter, will be provided by email. 

For notices provided by MUV S.r.l. S.B. by email, the communication will be considered finalised upon receipt of the notice in the mailbox provided by the User and not at the time of actual reading of the same.

Article 17- Contact Information

If you have any questions about these Terms and Conditions or the Service, you can contact MUV S.r.l. S.B. at legal@muvgame.com.