1. INTRODUCTION

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and NoAway [OLIVEE SRLS] ("Company", "we", "us", or "our") governing your access to and use of the NoAway software application, website, and related services (collectively, the "Service").

The Service is designed to assist users in maintaining system activity states (e.g., preventing idle status or sleep mode) for convenience purposes.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. IMPORTANT DISCLAIMER REGARDING USE

The Service is provided strictly as a technical utility tool.

You acknowledge and agree that:

The Service may interact with or influence the behavior of third-party platforms such as Microsoft Teams or Slack.
You are solely responsible for ensuring that your use of the Service complies with:
your employer's policies,
contractual obligations,
applicable laws and regulations.

The Company does not endorse or encourage:

circumvention of workplace monitoring systems,
misrepresentation of work activity,
violation of employer rules.

3. ELIGIBILITY

You must be at least 18 years old or the legal age of majority in your jurisdiction.

By using the Service, you represent and warrant that:

you have full legal capacity to enter into these Terms,
your use of the Service does not violate any agreement binding upon you.

4. ACCOUNT REGISTRATION

Certain features may require registration.

You agree to:

provide accurate and complete information,
maintain the security of your account credentials,
accept full responsibility for all activities under your account.

We reserve the right to suspend or terminate accounts at our sole discretion.

5. LICENSE GRANT

Subject to compliance with these Terms, we grant you a:

limited
non-exclusive
non-transferable
revocable license

to install and use the Service for personal or internal business purposes.

6. RESTRICTIONS ON USE

You agree NOT to:

use the Service to violate employer or organizational policies;
misrepresent your availability, presence, or productivity in a deceptive or fraudulent manner;
reverse engineer, decompile, or modify the software;
use the Service in connection with unlawful activities;
interfere with or disrupt the integrity of third-party systems.

We explicitly disclaim any liability arising from such uses.

7. USER RESPONSIBILITY

You acknowledge that:

The Service operates on your device and under your control.
You are fully responsible for how it is configured and used.
Any consequences arising from its use, including disciplinary action by an employer, are solely your responsibility.

8. THIRD-PARTY SERVICES

The Service may affect or interact with third-party software.

We are not affiliated with, endorsed by, or responsible for:

Microsoft Teams
Slack
any other third-party platform

We do not guarantee compatibility, uptime, or continued functionality with such services.

9. INTELLECTUAL PROPERTY

All intellectual property rights in the Service remain the exclusive property of the Company.

This includes:

source code
design
branding
documentation

No rights are granted except as expressly stated.

10. SOFTWARE UPDATES

We may release updates, patches, or modifications at any time.

You agree that:

updates may be automatic,
continued use of the Service constitutes acceptance of updates.

11. DISCLAIMER OF WARRANTIES

The Service is provided "as is" and "as available" without warranties of any kind.

We do not guarantee that:

the Service will function without interruption,
it will successfully prevent idle detection in all cases,
it will remain compatible with third-party systems.

11-bis. PLATFORM DEPENDENCY AND NO REFUND FOR EXTERNAL CHANGES

You acknowledge and agree that the Service depends on the behavior, availability, and technical constraints of:

operating systems (including but not limited to Windows, macOS, Linux),
hardware environments,
and third-party software platforms such as Microsoft Teams and Slack.

The Company does not control and is not responsible for any changes, updates, or restrictions introduced by such systems.

In particular, you agree that:

future updates to operating systems, security policies, or third-party applications may limit, degrade, or entirely prevent the functionality of the Service;
the Company does not guarantee continued compatibility with any specific system, version, or platform.

To the fullest extent permitted by applicable law, such changes shall not constitute a defect, failure of performance, or breach of contract.

Accordingly:

you shall not be entitled to any refund, reimbursement, or compensation;
no claim may be made against the Company for loss of functionality resulting from such external changes.

Your continued use of the Service is at your own risk with respect to system compatibility.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

The Company shall not be liable for:

employment-related consequences (including termination or disciplinary action),
loss of income or business opportunities,
indirect, incidental, or consequential damages.

Total liability shall not exceed the amount paid (if any) for the Service in the previous 12 months.

13. INDEMNIFICATION

You agree to indemnify and hold harmless the Company from any claims arising out of:

your use or misuse of the Service,
violation of these Terms,
breach of third-party agreements (including employment contracts).

14. TERMINATION

We may suspend or terminate your access:

for violation of these Terms,
for legal compliance,
at our sole discretion.

Upon termination:

all rights granted to you will cease immediately.

15. PRIVACY AND DATA

We process personal data in accordance with applicable laws, including GDPR where applicable.

The Service is designed to minimize data collection and operates primarily locally on your device.

Please refer to our Privacy Policy for details.

16. MODIFICATIONS TO THE SERVICE

We reserve the right to:

modify or discontinue the Service,
change features or functionality,

at any time without liability.

17. CHANGES TO TERMS

We may revise these Terms periodically.

Continued use of the Service constitutes acceptance of the updated Terms.

18. GOVERNING LAW

These Terms shall be governed by the laws of:

Italy

Any disputes shall be subject to the exclusive jurisdiction of the courts of Livorno.

19. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company and supersede all prior agreements.