Mobile and Smart Apps Terms of Service
Mobile and Smart Apps | Terms of Service
last update: 09/07/2026
1. Terms of Service
1.1 These Terms of Service (“Terms of Service”) govern the use by the customer (“Customer”) of the service (“Service”) for the development and/or customization of applications for mobile devices or smart speakers (“Apps”) provided by Xdevel S.r.l. (“Xdevel”).
1.2 Xdevel reserves the right to amend these Terms of Service at any time by publishing the updated version on its website at https://www.xdevel.com/en/trust-and-legal-notes/ and notifying the Customer by email at the address provided during the Service subscription process.
1.3 Any amendments to the Terms of Service shall become effective for the Customer upon renewal of the Service and shall be deemed fully accepted by the Customer upon such renewal. The latest revision of these Terms of Service is dated as indicated above.
2. Description of the Service. Notices.
2.1 The Service generally consists of the customization of Apps developed by Xdevel for the most widely used operating systems for mobile devices (such as iOS, Android, and Amazon), the publication of the Apps on the main online stores (such as the App Store, Google Play, and Amazon Alexa), and the related maintenance and updates.
2.2 The features included in the Service depend on the specific options selected by the Customer during the subscription process (for example, customization of the App for a single operating system or specific graphic customizations).
2.3 The Customer acknowledges and expressly accepts that the full functionality of the App is strictly dependent on the validity of the Service. Failure to renew the Service or its early termination will result in substantial and significant limitations to both the App’s content and its functionality, as further described in Section 8.
2.4 The Customer further declares that they have reviewed some of the possible customizations carried out by Xdevel by visiting the relevant page on Xdevel’s online store at https://store.xdevel.com. The purpose of reviewing these Apps is to make the Customer aware of the types of customizations that Xdevel can provide through the Service.
3. Requirements for using the service
3.1 In order to use the Service, the Customer must hold a developer license, which can be obtained through the online application development platforms (developer programs) for the relevant operating systems (such as the Apple Developer Program, Google Play Developer, or Amazon Developer). The Customer must also invite Xdevel as a developer to allow it to access the platform and publish the App on the relevant online store on the Customer’s behalf.
3.2 Registration with the above-mentioned platforms may require payment of an annual subscription fee. This cost is independent of Xdevel’s activities and is entirely the Customer’s responsibility, in addition to the Service fee. The Customer’s registration with a developer program and payment of the related fees are necessary both to enable Xdevel to publish the App and to keep it available in the relevant online store after publication. The Customer acknowledges that failure to renew the developer program membership may result in the App being removed from the relevant online store. References to the main developer programs (Apple and Google) are available on the website https://store.xdevel.com.
4. Customer account.
4.1 To subscribe to the Service, if the Customer does not already have one, they must first create a personal account (“Account”) by following the procedure available on the website https://store.xdevel.com/ in the section dedicated to mobile devices and smart speakers. The Customer undertakes to provide all the information requested by Xdevel, which must be true, accurate, current, and complete. If Xdevel has reason to believe that the information provided by the Customer is false, inaccurate, outdated, or incomplete, Xdevel may close the Customer’s Account and/or refuse to provide the Service.
4.2 In the event of termination of the Service or its early interruption, the Customer’s Account will remain active and may therefore be used by the Customer in the future to subscribe to the Service again or to any other services subsequently made available by Xdevel, unless the Customer requests the closure of the Account by sending an email to Xdevel at helpdesk@xdevel.com.
5. Service subscription. Withdrawal.
5.1 The Customer may subscribe to the Service by following the subscription procedures and instructions provided by Xdevel. These procedures generally provide for online subscription to the Service (through the Customer’s access to Xdevel’s online store at https://store.xdevel.com/en/mobile-app) or, at Xdevel’s discretion, through a quotation specifically prepared by Xdevel for the Customer.
5.2 The type, options, duration, and price of the Service, the payment and invoicing terms, as well as all other Service features, shall be selected by the Customer during the subscription process. During the subscription process, the Customer will also be required to fully and unconditionally accept these Terms of Service. Acceptance of a quotation by the Customer shall have the same legal effect.
5.3 The Customer may withdraw from the Service provided that Xdevel has not yet started the App customization activities referred to in Section 9 and, in any event, no later than ten (10) days from the date of subscription to the Service. If the Customer does not exercise the right of withdrawal within the above period, they shall not be entitled to any refund of the amount paid.
6. Automatic renewal of the Service
6.1 Upon expiration, the Service shall be automatically renewed for the same initial term, and thereafter upon each subsequent expiration, unless notice of termination is received by Xdevel at least thirty (30) days before the Service expiration date. Such notice must be sent by the Customer via email to accounting@xdevel.com, or by disabling the automatic renewal directly from the Account management panel.
6.2 Renewal of the Service is expressly conditional upon Xdevel having received, before each Service expiration date, payment from the Customer of the Service fee for the following renewal period.
6.3 In the event of renewal, the Customer expressly acknowledges and accepts that both the Service fee to be applied and the Service requirements and technical specifications shall be those in effect on the date of renewal of the Service.
7. Termination or early discontinuation of the service
7.1 In the event of termination of the Service by notice or failure to pay the Service fee for the subsequent renewal period as provided in Section 6, the Service shall terminate on the expiration date of the current Service term and may no longer be used by the Customer.
7.2 The Customer may discontinue the Service before its expiration by sending a notice via email to accounting@xdevel.com, or by disabling the automatic renewal directly from the Account management panel. The Customer expressly acknowledges, however, that early discontinuation of the Service shall not entitle the Customer to any refund of the Service fee already paid for the unused portion of the Service term.
8. Consequences of the termination or early discontinuation of the service
8.1 The App normally includes so-called static content, namely content that the Customer has requested to be included in the App and that is owned by the Customer (for example, the broadcaster’s logo, contact details, etc.). The App also normally includes so-called dynamic content, which may either be owned by the Customer (for example, news or podcasts) or be linked to cloud services provided by Xdevel or its partners (for example, music charts or the automatic display of metadata), the content of which is therefore owned by Xdevel or its partners.
8.2 Upon termination or early discontinuation of the Service, the static content will remain available but will no longer be editable (for example, updating contact details or the broadcaster’s logo), while the dynamic content will no longer be available (for example, music charts or automatically generated metadata).
8.3 Provided that the Customer maintains an active developer program registration, the App will remain available on the relevant online store and may continue to be downloaded by users. However, system updates required by the relevant operating systems will no longer be carried out.
8.4 In the event of termination or early discontinuation of the Service, the Customer may nevertheless request that Xdevel permanently remove the App developed for the Customer in accordance with these Terms, including its permanent deletion and removal from all online stores where it was published.
9. App customization process
9.1 After registering with the developer program of their choice and inviting Xdevel as a developer as described in Section 3, the Customer must complete the dedicated online form that will be sent by email to the address used to register the Customer’s Account with Xdevel.
9.2 In this form, the Customer must specify all the content to be made available within the App and, in particular, the graphic elements (for example, the broadcaster’s logo), textual content (for example, the broadcaster’s description, social media links, and website link), and informational content (for example, the privacy policy) relating to the App to be customized.
9.3 The Customer shall then submit the completed online form to Xdevel.
9.4 Completion and submission of the above-mentioned form by the Customer are necessary to enable Xdevel to begin the App customization activities. The Customer acknowledges that the Service fee shall remain payable even if the Customer fails to submit the form.
9.5 Once all the necessary information has been received from the Customer, Xdevel will customize the App and provide the Customer with a preview of the App as follows:
(a) if the Customer has selected the “custom graphic design” option, the Customer will be contacted by Xdevel’s development team to review the App preview and request any desired changes. If the Customer does not provide comments within seven (7) days, or once Xdevel has implemented the requested changes, the App shall be deemed approved by the Customer for all purposes;
(b) if the Customer has not selected the above option, the Customer will still be contacted by Xdevel’s development team but will only be able to view the App preview.
9.6 The activities carried out by Xdevel generally require, for guidance purposes only and subject to delays caused by the Customer’s approval process, between ten (10) and thirty (30) business days from the date Xdevel receives the above-mentioned form duly completed by the Customer and containing all the information necessary for the development of the App.
9.7 Once the App has been approved by the Customer, its publication on the relevant online store shall take place within the timeframes required by the review and approval procedures carried out by the operators of the respective online stores prior to publication.
10. App maintenance and update activities
10.1 From the date of publication, Xdevel shall maintain the App by providing updates and, where necessary, republishing it following modifications or updates to the operating system for which the App has been developed.
10.2 Xdevel shall also perform any technical interventions required to resolve malfunctions of the App, provided that such issues are reported by the Customer through a support ticket sent to helpdesk@xdevel.com.
10.3 The Service includes, at no additional cost, the replacement of the broadcaster’s logo displayed within the App and the modification of the audio or video streaming source used by the Customer, in accordance with the type of Service selected during the subscription process.
10.4 Any modifications other than those expressly mentioned above, unless specifically included in the Service subscription procedure, may only be carried out following a quotation issued by Xdevel and the Customer’s advance payment of the related fee.
11. Clarifications regarding app content
11.1 With regard to the content that may be available within the App, a distinction must be made between content provided by Xdevel and content provided by the Customer.
11.2 The content provided by Xdevel is the exclusive property of Xdevel and is made available within the App only for as long as the Service remains active. This includes the App functionalities that are directly connected to the cloud services provided by Xdevel, as described in Section 8.
11.3 All other content is incorporated into the App by Xdevel in accordance with the instructions provided by the Customer during the App customization process. Once the App has been published, the Customer shall be solely responsible for updating such content. This content is stored exclusively on the Customer’s own information systems, and the Customer shall be solely responsible for it in all respects.
12. Service limitations. Prohibited activities. Indemnification.
12.1 The customization and publication of the App by Xdevel do not constitute, either expressly or implicitly, any authorization, approval, or endorsement by Xdevel. Xdevel remains entirely unrelated to the Customer’s activities and to the purposes for which the App is used.
12.2 The Customer expressly acknowledges that they are solely responsible for the App and for users’ access to the App and to the Customer’s content made available through the Service. Accordingly, the Customer shall be solely liable for any violation of applicable laws or regulations arising from the use of the App, including with respect to such content.
12.3 Xdevel does not provide any backup, storage, or data preservation service for the content supplied by the Customer. The Customer shall therefore bear all consequences arising from the partial or total loss or damage of such content and shall, at its own expense, implement appropriate measures to protect it.
12.4 The Customer shall not modify, adapt, alter, manipulate, reverse engineer, decompile, disassemble, convert, or translate the App. The Customer is also prohibited from carrying out any activity that results in alterations, whether temporary or partial, to the App, from conducting studies or analyses aimed at identifying the App’s source code, or from integrating the App into other applications.
12.5 Any unlawful or improper use of the App, including any use intended, directly or indirectly, to pursue unlawful or improper purposes of any kind, is strictly prohibited. In particular, the Customer undertakes not to make available through the App any content:
(i) that the Customer is not legally entitled to use, including content that the Customer does not have the right to copy, transmit, distribute, or otherwise disseminate;
(ii) for which the Customer has not obtained the necessary authorization from the holders of the relevant intellectual property or industrial property rights, or from the individuals or entities represented, mentioned, or referred to in such content;
(iii) that infringes or misappropriates the rights of third parties;
(iv) that is false, misleading, or deceptive;
(v) that is defamatory;
(vi) that is obscene, pornographic (except where published in compliance with applicable laws and made accessible only to adults), offensive, or discriminatory, including on the grounds of sex, race, religion, or political opinion;
(vii) that promotes subversive activities or incites violence, the commission of criminal offences, or violations of laws or public order in any manner.
The Customer is also prohibited from using the App to store or make available, in any jurisdiction, content that violates any applicable law, regulation, order, restriction, prohibition, or requirement under national, European Union, or international law.
12.6 Without prejudice to the Customer’s sole responsibility for any unlawful or improper use of the App, Xdevel reserves the right, at its sole discretion or following any report received, to challenge any allegedly unlawful or improper conduct by the Customer, request any necessary explanations, and, where appropriate, notify the competent authorities. In this context, Xdevel further reserves the right, at any time, to disable any Customer content that violates these Terms of Service or that is otherwise considered unlawful or improper or in breach of applicable national, European Union, or international laws and regulations. Where deemed necessary, Xdevel also reserves the right to suspend or permanently disable the App, with or without prior notice, depending on the circumstances.
12.7 In light of the foregoing, the Customer assumes full responsibility for its use of the App and shall be liable for any damage caused to Xdevel, to users, or to any third party through the use of the App. The Customer agrees to indemnify, defend, and hold harmless Xdevel from and against any liability, adverse consequence, loss, damage, claim, cost, or expense arising out of or relating to the Customer’s use of the App, including any claims brought against Xdevel by users or third parties on any grounds whatsoever. The Customer further agrees to reimburse Xdevel for any amounts that Xdevel may be required to pay to users or third parties in connection with such claims.
13. Warranties. Limitation of liability.
13.1 Xdevel provides the Service to the Customer solely in accordance with and within the limits set out in these Terms of Service, excluding any warranty not expressly provided herein.
13.2 In particular, Xdevel makes no warranty regarding the performance or results that the Customer may obtain through the use of the App, nor does it warrant that the App does not infringe the rights of third parties. Furthermore, Xdevel does not warrant that the App will be free from errors or malfunctions, that its operation will be uninterrupted or error-free, or that the App will meet the Customer’s specific needs or intended purposes.
13.3 In the event of a proven unavailability, malfunction, or failure to update the App (whether partial or temporary) attributable to Xdevel, or in the event of an inability or difficulty (whether partial or temporary) in accessing or using the App due to causes attributable to Xdevel, Xdevel’s liability shall be limited to the refund of the proportionate amount of the Service fee paid by the Customer corresponding to the actual days during which the App could not be used, without prejudice to cases of wilful misconduct (dolo) or gross negligence (colpa grave) pursuant to Article 1229 of the Italian Civil Code.
13.4 The Customer shall not be entitled to any refund or compensation in the event of the unavailability, malfunction, or failure to update the App (whether partial or temporary), or in the event of an inability or difficulty (whether partial or temporary) in accessing or using the App, where such circumstances are attributable to the Customer or to third parties.
13.5 The Customer expressly acknowledges that the following circumstances shall not be deemed attributable to Xdevel: the unavailability, malfunction, or failure to update the App (whether partial or temporary), or any inability or difficulty (whether partial or temporary) in accessing or using the App resulting from: improper installation or use of the App by the Customer or its users; malfunction of the devices used by the Customer or its users to access the App; malfunction of the Customer’s hardware or software systems on which the Customer’s content is hosted; incompatibility between the App infrastructure and the devices used to access the App or the Customer’s hardware and software systems; failures, malfunctions, or any other circumstances attributable to the Customer, its personnel, or its representatives for any reason; absence or inadequacy of an Internet connection; inability to connect to the information systems (servers) used for the operation of the App due to network filters, firewalls, or antivirus software; use through a user account with restricted or insufficient privileges; force majeure events (including, by way of example and not limitation, power failures, interruptions or suspension of electricity supply or telematic, IT, or telecommunications services); scheduled or extraordinary maintenance of Xdevel’s servers; or malfunction of the information systems (servers) operated by third-party suppliers engaged by Xdevel to provide services necessary for the operation of the App.
14. Express termination clause
14.1 Xdevel shall be entitled to terminate the contractual relationship with the Customer governed by these Terms of Service and by the Customer’s subscription to the Service, pursuant to and for the purposes of Article 1456 of the Italian Civil Code, in the event that the Customer breaches any of the obligations set out in Section 12 (Service Limitations. Prohibited Activities. Indemnification) or Section 17 (Confidentiality Obligations. Improper Use). In such cases, the contractual relationship with the Customer shall be deemed terminated by operation of law upon written notice from Xdevel.
14.2 Upon termination pursuant to the foregoing provisions, the Customer shall immediately lose the right to use the Service, which shall be terminated with immediate effect, without prejudice to the provisions set out in Section 8.
15. Customer reference visibility on the platform
15.1 By accepting these Terms of Service and activating the Service, the Customer grants the Company a non-exclusive, royalty-free authorization, valid for the entire duration of the contractual relationship, to use the Customer’s logo, trademark, and corporate or trade name (collectively, the “Distinctive Signs”) for the following purposes:
• displaying the Customer’s Distinctive Signs on the Service Provider’s corporate website;
• reproducing the Distinctive Signs in presentations, press releases, brochures, sales presentations, and digital (e.g., web pages) or printed materials relating to the Company’s services and business activities;
• referring to the Customer by name in the Company’s marketing and corporate communications, including through the Company’s official social media channels.
15.2 The Company reserves the right, at its sole discretion, to decide whether or not to use the Customer’s Distinctive Signs. Nothing in this authorization shall be construed as creating any obligation for the Company to publish, display, or continuously use such Distinctive Signs.
15.3 The Customer represents and warrants that it is the owner of the Distinctive Signs or that it has obtained all necessary rights and/or authorizations to grant the authorization provided for in this Section. The Customer further agrees to indemnify and hold the Company harmless from and against any claims, actions, or demands brought by third parties in connection with the use of the Distinctive Signs within the scope of this Section.
15.4 The authorization granted under this Section shall automatically terminate upon the termination of the contractual relationship for any reason. Within thirty (30) days following such termination, the Company shall remove the Customer’s Distinctive Signs from its website. However, the Company shall not be required to remove Distinctive Signs from materials that have already been distributed to third parties or published in non-modifiable media.
15.5 The Customer may revoke the authorization granted under this Section at any time by providing written notice to the Company in accordance with Section 19 below.
16. Ownership of the service
16.1 “Xdevel” is a trademark exclusively owned by Xdevel. The Service is the exclusive property of Xdevel, which owns all related intellectual property and industrial property rights. By subscribing to the Service, the Customer is granted access to the Service solely for the purpose of using its functionalities in accordance with these Terms of Service. Xdevel retains exclusive ownership of the Service, all related intellectual property and industrial property rights, and all rights to use any third-party components incorporated into the Service.
17. Ownership of the apps
17.1 The Apps are the exclusive property of Xdevel, which owns all related intellectual property and industrial property rights. By subscribing to the Service, the Customer does not acquire any ownership rights in the Apps or any of their components. The Customer is granted only a non-exclusive, non-transferable license to use the Apps and, in particular, to use the version of the Apps customized by Xdevel for the Customer in accordance with these Terms of Service.
18. Confidentiality obligations. Improper use.
18.1 The Customer shall keep the credentials used to access the Account strictly confidential. The Customer represents and warrants that all of its employees, consultants, and representatives, in any capacity, shall comply with these Terms of Service, including the prohibition against allowing any third party to access or use the Service. Should the Customer become aware that the Service is being used by any of the above-mentioned persons or by third parties in a manner that does not comply with these Terms of Service, the Customer shall immediately prevent such unauthorized use and shall promptly notify Xdevel in writing.
19. Communications.
19.1 Unless otherwise provided in these Terms of Service, the Customer shall send all notices and communications required or permitted under these Terms exclusively to the following address:
Xdevel S.r.l.
Via Francavilla, No. 8/F
98039 Taormina (ME)
Italy
Any communication sent by Xdevel to the contact details provided by the Customer during the Account registration process, or as subsequently updated by the Customer, shall be deemed valid and effective. The Customer elects such contact details as its address for all purposes under these Terms, including the service of judicial notices where permitted by applicable law. At its discretion, Xdevel may also use any email address (including certified email addresses, where applicable) and/or fax number provided by the Customer for the transmission of communications under these Terms.
20. Governing law. Jurisdiction
20.1 These Terms of Service shall be governed by the laws of the Republic of Italy. Any dispute arising out of or relating to these Terms of Service or the Service subscribed to by the Customer shall be subject to the exclusive jurisdiction of the Court of Messina, Italy.
