Terms and Conditions of Use

1. GENERAL INFORMATION

1.1 Service Provider

These Terms and Conditions ("Terms") govern the use of the website accessible at www.tomato.blue (the "Website" or "Platform"), owned and operated by:

1.2 Acceptance of Terms

By accessing, browsing, or using this Website, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must immediately discontinue use of the Website.

1.3 Modifications

Tomato reserves the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of such changes. We recommend reviewing these Terms periodically.

2. DESCRIPTION OF SERVICES

2.1 Website Purpose

The Website provides information on Tomato Blue, including but not limited to information about Tomato's products, services, and business activities.

2.2 Availability

While we strive to ensure continuous availability, Tomato does not guarantee that the Website will be uninterrupted, timely, secure, or error-free. We reserve the right to suspend, modify, or discontinue any part of the Website at any time without notice or liability.

3. USER OBLIGATIONS AND ACCEPTABLE USE

3.1 Lawful Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable national or international law or regulation;
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
• Impersonate or attempt to impersonate Tomato, a Tomato employee, another user, or any other person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

3.2 Account Security

If you create an account on the Website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Tomato of any unauthorized use of your account.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and the "look and feel" of the Website) are owned by Tomato, its licensors, or other providers of such material and are protected by Italian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Tomato grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. This license does not include any:

• Right to resale or commercial use of the Website or its contents;
• Collection and use of any product listings, descriptions, or prices;
• Derivative use of the Website or its contents;
• Downloading or copying of account information for the benefit of another merchant;
• Use of data mining, robots, or similar data gathering and extraction tools.

4.3 Trademarks

The Tomato name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tomato or its affiliates or licensors. You must not use such marks without the prior written permission of Tomato. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4.4 Prohibited Uses

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5. USER-GENERATED CONTENT

5.1 Responsibility for Content

If the Website permits you to post, submit, publish, display, or transmit content or materials ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant Tomato a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media.

5.2 Content Standards

All User Content must:

• Be accurate and not misleading;
• Comply with applicable laws and regulations;
• Not infringe any intellectual property rights of any third party;
• Not contain defamatory, obscene, offensive, or otherwise objectionable material;
• Not promote violence, discrimination, or illegal activities;
• Not contain viruses or other harmful code.

5.3 Monitoring and Removal

Tomato has the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

6. THIRD-PARTY LINKS AND RESOURCES

6.1 External Links

The Website may contain links to third-party websites or resources. These links are provided for your convenience only. Tomato has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

6.2 Third-Party Terms

Your use of third-party websites and resources is subject to the terms and conditions and privacy policies of those third parties. We encourage you to review such terms before using any third-party websites or resources.

7. DISCLAIMERS AND LIMITATIONS OF LIABILITY

7.1 "As Is" Basis

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOMATO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Guarantee of Accuracy

Tomato does not warrant that:

• The Website will meet your requirements;
• The Website will be uninterrupted, timely, secure, or error-free;
• The results that may be obtained from the use of the Website will be accurate or reliable;
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations;
• Any errors in the Website will be corrected.

7.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOMATO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE;
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TOMATO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

7.4 Maximum Liability

IN ANY EVENT, TOMATO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

7.5 Statutory Rights

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are a consumer in the European Union, nothing in these Terms shall affect your statutory rights.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Tomato, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Website;
• Your violation of any rights of a third party, including but not limited to intellectual property rights;
• Any User Content you post or otherwise contribute to the Website.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal data.

9.2 GDPR Compliance

As we process personal data of individuals in the European Union, we comply with Regulation (EU) 2016/679 (General Data Protection Regulation - "GDPR"). You have rights under the GDPR, including the right to access, rectify, erase, restrict processing, object to processing, and data portability. To exercise these rights, please contact us at the contact details provided below.

9.3 Cookies

The Website uses cookies and similar tracking technologies. By using the Website, you consent to our use of cookies in accordance with our Cookie Policy.

10. TERMINATION

10.1 Termination by Tomato

Tomato may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

10.2 Termination by User

You may terminate your use of the Website at any time by discontinuing access to the Website and, if applicable, deleting your account.

10.3 Effect of Termination

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. DISPUTE RESOLUTION

11.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

11.2 Jurisdiction

Subject to the mandatory provisions below, the Courts of Cagliari, Italy, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

11.3 Consumer Rights

If you are a consumer resident in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tomato regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

12.2 Waiver

No waiver by Tomato of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tomato to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

12.4 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Tomato may assign, transfer, or sublicense its rights and obligations under these Terms without restriction.

12.5 Force Majeure

Tomato shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Tomato's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, strikes, labor disputes, war, governmental actions, natural disasters, or pandemics.

12.6 Language

These Terms are drafted in English. In case of any conflict between the English version and any translation, the English version shall prevail.

13. CONTACT INFORMATION

If you have any questions, concerns, or complaints regarding these Terms or the Website, please contact us at: