MamiCash: give more value to your purchases.

1Definitions

The terminology set out below applies to these Terms of Use, the Privacy Policy, the MamiCash usage plan and any other related agreement.

Cashback

a bonus-system exchange value that entitles the holder to discounts and benefits on purchases made on the products of Condividiamo Ltd or its Partners.

Customer

a registered customer or a person who merely visits the Site.

Registered Customer

the person who registers and creates an Account on the Site.

User

any person who visits or registers on the Site, accepting these Terms of Use.

Party

the person who accesses or registers on the Site or on the Mamify or AiToro platforms, or Condividiamo Ltd, as the context requires.

Platforms

the digital platforms operated by Condividiamo Ltd, including Mamify and AiToro.

Product(s)

all products and services offered through the Site and the Platforms.

Price List

the list of services and products offered by Condividiamo Ltd, available on the Site.

Privacy Policy

the Condividiamo Ltd notice on the processing of personal data, which forms an integral part of these Terms.

Terms of Use

collectively, these Terms, the Privacy Policy and the rules governing the use of Cashback.

2Registered Customer Account

1. It is possible to become a Registered Customer of Condividiamo Ltd by following the instructions provided through the Site or through another channel (Partner).
2. To become a Registered Customer, it is necessary to open an account on the Site (the “Account”).
3. An Account may be opened only in one's own name.
4. The user is solely responsible for maintaining the confidentiality and security of their Account.
5. It is advisable not to disclose information about your Account to third parties, nor to allow anyone else to use it.
6. The user is responsible for all activities that take place on or through their Account.
7. The user undertakes to notify Condividiamo Ltd immediately of any unauthorised use of their Account or any other known security breach.

3Cashback

1. Cashback is a bonus-system exchange value that entitles the holder to discounts and benefits on purchases made exclusively on products of Condividiamo Ltd or its Partners.
2. Only a Registered Customer can receive Cashback.
3. For each purchase made with a Partner, the Customer receives, in Cashback, the equivalent of the amount spent in euros, at a 1:1 ratio.
4. Cashback may be used exclusively on the MamiCash portal, in the amounts indicated from time to time on the product to be purchased.
5. For certain products (for example taxes, consumption, flights, case opening), the use of Cashback is not permitted, unless otherwise indicated in the features of the product for sale.
6. Cashback does not expire and may be transferred to other Registered Customers.
7. Cashback can be viewed in the Customer's Private Area on the Site.

4Acquisition of Cashback

1. Cashback may be acquired only by Registered Customers.
2. Cashback received from Condividiamo's Partner Businesses is free of charge and nothing is due at the time of crediting.
3. Purchases can be made from the official site condividiamo.club and from the Platforms.
4. A purchase is deemed complete as soon as the Registered Customer provides Condividiamo Ltd with a valid and accepted payment instrument, pursuant to the provisions set out on the Site, at the discretion of Condividiamo Ltd, and relating to the Product (the “Purchase Date”).
5. The user acknowledges that the provision of Cashback is subject to the user's fulfilment of the obligations arising from these Terms of Use.

5Purchase of Products

1. The purchase of a Product offered through the Site may be made only following registration and, where provided for, only if the user holds Cashback.
2. A purchase is deemed complete as soon as the Registered Customer provides a valid and accepted payment instrument, pursuant to the provisions set out on the Site, at the discretion of Condividiamo Ltd, and relating to the Product (the “Purchase Date”).
3. Electronic payments are processed through authorised payment service providers (for example Stripe and, where applicable, Wise), which act as independent data controllers within their own systems, as described in the Privacy Policy.
4. The user acknowledges that the supply of the Product is subject to the user's fulfilment of the obligations arising from these Terms of Use.

6Use of the Site, MamiEnergy and Gift Cards

1. Use of the Site is subject to the most recent version of these Terms of Use. Some answers to frequently asked questions (FAQ) are available on the Site, without any commitment on the part of Condividiamo Ltd.
2. By using the features that allow content (for example promotional videos) to be sent or transmitted to or through the Site, or content visible to other users, the user accepts responsibility for: the entire content, including content of a creative and artistic nature (Condividiamo Ltd disclaims all responsibility and refrains from endorsing or approving such content); the choice of the advertisement and the form of publication; the objects to which the viewer is redirected (landing pages, associated URLs and redirects); the products and services advertised on the landing pages; the protection of third-party copyright.
3. The Mamify project provides for the use of the MamiEnergy tool: the tool that allows users to share the advertisements and content of the Mamify application through social networks and to earn from purchases made by their own members and by those of the entire Mamify network.
4. The Mamify project provides for the use of Gift Cards belonging to the condividiamo.club circuit. Mamify gift cards can be redeemed only for the purchase of products and services of the businesses belonging to the Mamify circuit and registered with condividiamo.club. The card does not expire and carries no fees. The card cannot be refunded or redeemed for cash. Mamify is not responsible for unauthorised use. It is not a credit or debit card and offers no warranties, express or implied. Use or acceptance of the card implies acceptance of these Terms. The remaining balance can be viewed in the Mamify application. For further information, please contact the Business that issued the Gift Card on the IT system.

7Prohibited use

1. The user shall refrain from any use of the Site or of the information contained in it for purposes that are unlawful or prohibited by this agreement, as well as from any use likely to cause damage to, disable or overburden the Site, or to jeopardise its operation or its use by third parties.
2. Any copying, reproduction, modification, distribution, display, performance or transmission of the contents of the Site for purposes other than those expressly provided for is strictly prohibited.
3. The systematic retrieval of data or other contents of the Site in order to create or compile, directly or indirectly, a collection, register, database or directory without the prior written consent of Condividiamo Ltd is expressly prohibited.
4. The user further agrees not to: (i) delete or revise the information, materials or data on the Site; (ii) collect information about other users, including email addresses, without their consent; (iii) impose an unreasonable or disproportionate load on the Site's infrastructure; (iv) use devices, software or routines to interfere with the proper functioning of the Site; (v) use engines, software, agents or mechanisms (including browsers, spiders, robots, avatars or intelligent agents) other than the search engines and agents made available by Condividiamo Ltd or generally available third-party web browsers; (vi) decrypt, decompile, disassemble or reverse engineer any software that forms part of the Site.

8Rules for sharing by users

Sharing content from the Site to external platforms, such as Facebook, is permitted only if carried out in accordance with the following rules.

Active profile

Each user must use their own active social profile, defined as a profile with a cover image and profile picture, genuine friendships and interactions (minimum 100 friends) and truthful and complete personal information.

Personal profile

Sharing must take place exclusively through a named profile that matches the user's name registered on the Site. The use of fake profiles, profiles with no followers or profiles that do not comply with the social platform's parameters is not permitted.

Uniqueness and permanence

It is not permitted to use a single profile for shares made by more than one user of the Site: each user must have and use their own individual profile. Once made, the share must not be removed from the user's personal profile.

9Uploaded content

Each Registered Customer agrees not to upload, publish or distribute — nor to facilitate the distribution of — content (text, communications, video, software, images, sounds, data or other information) that is:

• unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, harmful, obscene, sexually or graphically explicit, or otherwise in breach of Condividiamo Ltd's policies;
• infringing patents, trade marks, service marks, trade secrets, copyright, moral rights, publicity rights, privacy rights or other proprietary rights of third parties;
• unauthorised or unsolicited advertising, mass emails or spam, chain letters, unauthorised solicitations, or any form of lottery or gambling;
• containing viruses, Trojans, malware, spyware, web crawlers or other code designed to destroy, damage or limit the operation of software, hardware or telecommunications equipment, or to gain unauthorised access to third-party data;
• such as to impersonate any person or entity, including employees or representatives of Condividiamo Ltd, its licensees or advertisers.

10Restrictions for Customers

The Customer must refrain from carrying out the following acts, or from allowing third parties to do so:

• downloading, selling, licensing, leasing, renting, modifying, distributing, copying, publishing or creating derivative works from the contents of the Site without the express written consent of Condividiamo Ltd;
• generating automated, fraudulent or otherwise invalid impressions, enquiries, clicks or conversions, or concealing conversions that must be reported;
• using automated tools or forms of data extraction to access information relating to Condividiamo Ltd's advertising, unless authorised in writing;
• infringing patents, trade marks, design rights, copyright, or personal or proprietary rights of third parties;
• permitting unauthorised or unsolicited advertising, bulk sending of emails (spam) or chain letters, or engaging in phishing or pharming;
• distributing viruses, Trojans, spyware, web crawlers or other code intended to hinder or damage software, hardware or telecommunications equipment, or to facilitate unauthorised access;
• launching, assisting or participating in attacks on the Site or its systems and networks;
• impersonating any natural or legal person, including employees or agents of the Company or other customers;
• requesting or receiving payments from anyone who uses the Site or its Programmes, unless authorised in writing by Condividiamo Ltd;
• breaching the technical specifications provided or mentioned in these Terms;
• advertising services, substances or products that are prohibited or that violate the laws in force in the countries where the advertisement is displayed, or uploading advertising of a sexual or unethical nature;
• engaging in any conduct that is unlawful or fraudulent under applicable law;
• transmitting content containing threats, harassment, offensive language, libel or false accusations, or that otherwise harms a person's honour and dignity, unless expressly authorised by that person;
• attempting in any way to circumvent the Terms of Use or to defraud Condividiamo Ltd, other customers or third parties through use of the Site.

11Customer obligations

The Customer is required to:

• comply with these Terms of Use and follow them carefully;
• forward exclusively to Condividiamo Ltd all enquiries and messages relating to the Company and the Products;
• not collect information about other customers or use it for their own commercial purposes (for example sending unsolicited bulk emails);
• always disclose all information provided correctly and truthfully; Condividiamo Ltd may at any time request confirmation of the accuracy of the data and further documentation;
• consent to the processing of data pursuant to the Privacy Policy;
• use only their own real first name and surname, with pseudonyms or stage names prohibited;
• open and use the Account only for their own purchases and keep all data up to date;
• keep the password in a safe place and not disclose it to third parties; Condividiamo Ltd will never ask for the password outside the login area;
• not allow third parties access to their account or sight of the password;
• not choose a password that is easy to guess and never enter it outside the Site;
• ensure that login details are not stored or saved on public or shared computers;
• ensure the security of their own technical setup (antivirus, firewall, updates) and, if the password is suspected of being compromised, change it immediately and contact Condividiamo Ltd so that it can temporarily block the Account and provide a new password.

12Security of the email account

Registered Customers are obliged to ensure the security of their own email account and not to reveal its password to third parties, as Condividiamo Ltd may use that address to reset the password or for communications relating to the security of the Account. The Customer may be asked to prove their identity. If the Customer suspects that their email address on file with Condividiamo Ltd may have been compromised, the Customer undertakes to contact the Company immediately.

13Third-party websites

The Customer may be redirected to online shops or other third-party sites through links or frames on the Site. It is advisable to read their respective terms and conditions and privacy notices before using them.

Such sites may contain information or material that is unlawful, inappropriate or offensive, and are not controlled, monitored or reviewed by Condividiamo Ltd. The inclusion of a link does not imply endorsement of, or association with, their operators and is provided solely for the user's convenience. The Customer expressly releases Condividiamo Ltd and its licensees from any liability in respect of such third-party sites and their use.

Where the user accesses services of third-party financial institutions or brokers reachable through the Platforms, those parties remain independently responsible for the processing of personal data carried out within their own systems.

14Disabling Adblock

To access the contents of the Site and participate in the Programmes, it may be necessary to disable Adblock specifically for the site condividiamo.club and for the Platforms.

15Intellectual property

Copyright

The design, texts, names, logos, content, selection and arrangement of elements, organisation, graphics and compilation relating to the Site are protected by the copyright laws in force. The publication of such elements does not constitute a waiver of any right. The Customer does not acquire any ownership right in the elements displayed. Unless otherwise provided, none of such elements may be used, copied, reproduced, downloaded, transmitted or recorded without the prior written authorisation of Condividiamo Ltd.

Trade mark

The name, logo and all product names, company names and other distinctive signs of Condividiamo Ltd — including the names Mamify, MamiCash, MamiEnergy and AiToro — are to be understood as trade marks of the Company, unless otherwise indicated. The use or misuse of any trade marks or materials without the prior written consent of the owner is expressly prohibited.

16Warranties and rights

1. The Registered Customer warrants that they hold all the necessary rights in relation to the content transmitted and the landing pages.
2. The Registered Customer warrants that all information and permissions provided are complete, lawful and valid.
3. The Registered Customer warrants that the use of Programmes, Products, services or landing pages does not entail breaches of applicable laws or joint and several liability, and does not infringe regulations, policies or agreements, including the code of conduct on advertising.
4. The Registered Customer warrants that such use does not infringe intellectual property rights (trade marks, copyright, trade secrets) or other legal provisions.
5. The Registered Customer warrants that the use of services or landing pages does not violate the rights of contractual partners or third parties, nor contains offensive, abusive, obscene, threatening, defamatory or unlawful content.
6. Condividiamo Ltd has the right to remove the contractual hyperlink or frame link immediately where there is a reasonable suspicion that the content linked to is unlawful or infringes the rights of third parties, in particular where courts or authorities give notice of this.
7. The Registered Customer warrants that the content transmitted does not contain harmful components (viruses, Trojans, spyware, web crawlers or the like).
8. The Registered Customer undertakes to indemnify Condividiamo Ltd against any third-party claim arising from the content provided, and to reimburse any cost incurred as a result of infringements of rights, including alleged ones.
9. The Registered Customer undertakes to indemnify and hold harmless Condividiamo Ltd from any complaint, claim, damage or loss — including legal costs — arising from the content transmitted or from any use of the Site in breach of these Terms.
10. The Registered Customer permits Condividiamo Ltd to carry out automated queries and analyses of the landing pages for the purposes of the Programmes; the related data will be retrievable from their Account.

17Indemnity

The user undertakes to indemnify and hold harmless Condividiamo Ltd and its respective representatives, employees and agents from any liability, claim and expense — including legal costs — arising from the use of the Site, of any service, information or product originating from it, or from any breach of these Terms.

18Amendment of the Terms

Condividiamo Ltd has the right to amend these Terms of Use at any time. Where required by applicable law, users will be informed of material changes before they take effect. Continued use of the Site following publication constitutes acceptance of the changes.

19Termination

1. Each of the Parties may terminate this agreement at any time by giving notice to the other Party. In that case: the Customer's Account will be blocked; Condividiamo Ltd will inform the Customer, and any unused Cashback will be reset to zero.
2. Condividiamo Ltd reserves the right to discontinue a Customer's use of the Site at any time, even without notice, in the event of a breach of these Terms, without prejudice to the right to claim compensation for any damages.

20Blocking and removal of the account

1. Condividiamo Ltd reserves the right, at its own discretion, to block the Account of a Registered Customer or restrict its access, in particular: in the event of a breach of these Terms; where there is reason to believe that a third party has used the Account without authorisation; where the Account has been used for unlawful or fraudulent acts; where the Customer views content liable to give rise to liability for the Company; where the block is required by law; where Condividiamo Ltd ceases to provide the Programmes in the Customer's country of residence or access.
2. Condividiamo Ltd may block the Account without giving reasons and without prior notice; the Customer expressly accepts this condition.
3. Condividiamo Ltd reserves the right to remove any Account that has been inactive for a long period, as well as any Account with no outstanding payments, subject to notifying the Customer.

21No set-off

Neither Party may set off a payment due under these Terms against any other payment to be made under them.

22Privacy and data protection

Condividiamo Ltd processes users' personal data as data controller, in accordance with the Gibraltar General Data Protection Regulation (“Gibraltar GDPR”) and the Data Protection Act 2004, as described in the Privacy Policy, which forms an integral part of these Terms.

Personal data is not sold or transferred to unaffiliated third parties for the latter's marketing purposes. Processing takes place only where there is a valid legal basis under Article 6 of the Gibraltar GDPR. Data subjects may exercise the rights of access, rectification, erasure, restriction, portability and objection, and may withdraw consent where the processing is based on it.

23Miscellaneous

1. The official text of these Terms of Use is drafted in Italian. In the event of any conflict between the Italian version and any translation into another language, the Italian version shall prevail.
2. Neither Party shall be entitled to make public statements regarding the existing contractual relationship, except as expressly required by law; any public statement shall require the prior written consent of Condividiamo Ltd.
3. The Customer is prohibited from transferring or assigning the rights and obligations arising from this agreement without the written consent of Condividiamo Ltd.
4. Condividiamo Ltd may assign to third parties the receivables arising from the contractual relationship without the Customer's consent.
5. These Terms do not create any partnership or joint venture relationship between Condividiamo Ltd and the Customer.

24Dispute resolution

In the event of disputes or disagreements relating to these Terms of Use, the Parties shall first seek to resolve them amicably. Where this is not possible, each Party shall have the right to bring the matter before the competent judicial authority pursuant to the following clause.

25Governing law and jurisdiction

1. Governing law: these Terms of Use are governed by and interpreted in accordance with the laws of Gibraltar.
2. Jurisdiction: for any dispute (contractual or otherwise) concerning these Terms, the Parties agree to the exclusive jurisdiction of the courts of Gibraltar.

26Severability

Should one or more provisions of these Terms of Use be held invalid, unlawful, ineffective or unenforceable by a court or competent authority, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

27Entire agreement

These Terms of Use, together with the Guidelines, the rules on the use of Cashback and the Privacy Policy, constitute the entire agreement between the Parties with respect to the subject matter of the contract and supersede any previous agreement. Any waiver of a provision shall be effective only if expressed in writing and signed by Condividiamo Ltd.

1What cookies are

Cookies are small text files stored locally in the User's browser memory for varying periods of time depending on their purpose. Cookies contribute to the delivery of services for the purposes described below, enabling basic functions, storing preferences and, where authorised, supporting analytics and marketing activities.

This Cookie Policy forms an integral part of the Privacy Policy of Condividiamo Ltd and applies to all online spaces (websites, platforms and internet tools) owned by the Controller, including the Mamify and AiToro platforms. For the processing of personal data in general, please refer to the Privacy Policy.

2Types of cookies used

Consistently with the Privacy Policy, the cookies used are divided into the following categories.

Strictly necessary cookies

Essential for the operation of the Site and the Platforms. They enable basic functions such as User authentication, session management, security, fraud prevention and the retention of login information. Without these cookies the Site cannot function properly; for this reason they do not require prior consent and cannot normally be disabled.

Functional cookies

They store the User's preferences to improve the browsing experience: for example language selection, display preferences, form autofill and the recording of cookie choices.

Statistical cookies (analytics)

They make it possible to obtain statistical information, in aggregate form, on how Users browse, in order to assess and improve usability, performance, stability and navigation. Where required by law, they are activated only with the User's prior consent.

Marketing cookies

Used to provide personalised communications and promotional content, including through third-party services. They are activated exclusively with the User's prior valid consent.

3List of cookies

The following table summarises the cookies used on the .mamify.app domain and the related third-party cookies. The list is indicative and may be updated depending on the active services.

4Cookies and third-party services

Hosting and backend infrastructure — Amazon Web Services (AWS)

The hosting infrastructure is provided by Amazon Web Services, Inc. (AWS), which hosts the data and files needed for the Platforms to operate. Data collected: cookies and usage data. Because some services operate through geographically distributed servers, determining the exact location where data is stored may be complex. For details of international transfers, please refer to the Privacy Policy.

Framework360

Cookies with the Fw360 prefix are managed through the Framework360 platform, used for session management, cookie preferences and statistical web tracking on the mamify.app domain.

Facebook

The _fbc and fbclid cookies are installed by Facebook for advertising and campaign measurement purposes.

5Legal basis and consent

Data processing through cookies is carried out in accordance with the Gibraltar General Data Protection Regulation (“Gibraltar GDPR”) and the Data Protection Act 2004.

Strictly necessary cookies are used on the basis of the need to deliver the service expressly requested by the User and do not require prior consent. Non-necessary functional, statistical and marketing cookies are installed exclusively with the User's prior freely given, specific, informed and unambiguous consent, given through the cookie banner.

6Managing and disabling cookies

The User can manage their cookie preferences through:

• the cookie banner shown on first access and which can be called up again at any time;
• the browser settings, which allow cookies already stored to be blocked or deleted;
• the device settings, where applicable.

Disabling certain cookies may limit the functionality of some parts of the Site or the Platforms. If cookies are not accepted, any non-necessary cookies already stored locally will no longer be read or used until any subsequent acceptance, and may in any case be removed by the User at any time by the means indicated above.

7Cookie duration

The duration of each cookie is shown in the table in section 3. Session cookies are deleted when the browser is closed; persistent cookies have a maximum duration of 12 months (365 days), unless otherwise indicated. At the end of the retention period, cookies are automatically deleted or renewed subject to renewal of consent, where required.

8Changes to the Cookie Policy

Condividiamo Ltd may update this Cookie Policy to reflect legislative, technological or operational changes, or changes in the services used. Changes take effect from publication on the Site. Users are invited to consult this page periodically. Where required by law, material changes will be communicated before they take effect.

9Data Controller and contacts

The Data Controller is:

Given the complexity of identifying technologies based on cookies and other identifiers, the User is invited to contact the Controller for any further information on their use through the Platforms. For the processing of personal data and the rights of the data subject, please refer to the Privacy Policy available on the Site.