Operator and scope
These Terms of Use govern the TesSa: tessere e documenti mobile application (the “App”), the related website at https://baleendevs.github.io/tessa (the “Site”) and the features made available through them (together, the “Services”). The Services are made available by Carlo Andreotti, an independent individual developer operating under the name Baleen Developers, Via dei Boschi 30, 15072 Casal Cermelli (AL), Italy (“Baleen Developers”, “we”, “us” or “our”).
By downloading, accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. Any mandatory rights you have under applicable consumer law remain unaffected.
Eligibility
The Services are intended for users who are at least 18 years old. A person under 18 must not use the Services independently. An adult may use the App to manage information relating to a minor or another person only where the adult is legally authorised to do so.
Purpose of the App and no official status
The App allows you to create, store and display digital representations of Italian health cards, identity documents, driving licences and other supported documents, and to scan or display barcodes and QR codes. TesSa is an independent application. It is not issued, operated, endorsed or approved by the Italian Government, the Ministry of Health, any public authority or any document issuer.
A digital representation, image, barcode or QR code displayed by the App does not replace the original document and may not be accepted by authorities, healthcare providers, businesses or other third parties. The App does not independently verify the authenticity, accuracy, validity, expiry date or legal status of information that you enter, import or scan. You are responsible for checking that information is correct and current, retaining the original document where required and complying with the rules governing its presentation and use.
The App is a personal convenience tool only. It is not an identity, certification, healthcare, medical, legal, emergency or public-administration service. Do not rely on it where failure, unavailability or rejection of a digital representation could affect your health, safety, identity verification, access to treatment or public services, compliance with a deadline or exercise of a legal right. Always retain and use the original document or the relevant official channel when required.
Licence and intellectual property
The App is licensed, not sold. Subject to these Terms and the applicable app-store rules, you receive a personal, limited, non-exclusive, non-transferable and revocable licence to use the App on devices that you own or control, solely for lawful personal use. For an App obtained through Apple’s App Store, Apple’s Standard End User License Agreement also applies. Your use of Google Play is subject to the Google Play Terms of Service.
The App, Site, Baleen Developers and TesSa names and logos, visual design, text and other original materials are protected by intellectual-property laws and belong to us or our licensors. Except where applicable law or an open-source licence expressly permits it, you may not copy, modify, distribute, sell, sublicense, reverse engineer, decompile or create derivative works from the Services.
Acceptable use
You must use the Services lawfully and must not:
- create, store, display or share personal or document data unless you are authorised to do so;
- use a digital representation or sharing link to impersonate another person, commit fraud or present it as an official or legally valid document;
- infringe another person’s privacy, intellectual-property or other rights;
- interfere with, damage, bypass or test the security of the Services, or introduce malicious code;
- use the Services for any unlawful, harmful or misleading purpose.
To the extent permitted by law, you are responsible for reasonable losses and costs directly caused to us by your intentional, fraudulent or otherwise unlawful use of the Services, including substantiated third-party claims resulting from that use.
Local storage, device security and backups
Information, document images and digital representations created or imported in the App are primarily stored locally on your device. We do not provide an account, cloud storage or cloud backup service for this information. You are responsible for securing your device and access to the App, keeping sufficient storage available and exporting any backup you wish to retain before uninstalling the App, resetting the device or changing devices.
Backup files may contain sensitive personal and document data. Once a backup is exported, copied, uploaded to a third-party service or otherwise shared outside the App, you are responsible for its security, storage, transmission and deletion. The App uses technical safeguards intended to protect locally stored data and backups, but no electronic storage or encryption method can be guaranteed to be completely secure. Rooting, jailbreaking or otherwise weakening the device’s security may compromise the App and its data.
The App is not a backup, archival or disaster-recovery service. We cannot recover information that remains only on your device or in a backup controlled by you. You assume the risk of irreversible loss caused by deletion, uninstalling, device loss or damage, insufficient storage, operating-system actions, failed migration, a lost password or encryption key, or failure to keep an independent usable backup.
TesSa PRO purchase
TesSa may offer an optional one-time, non-consumable PRO in-app purchase that removes advertising and unlocks additional features. It is not a subscription. The price and any applicable taxes are shown by Apple’s App Store or Google Play before purchase. The relevant store processes the payment; we do not directly collect your payment-card details.
Purchase confirmation, restoration, cancellation and refund requests are handled under the rules and procedures of the store through which you purchased PRO. Access may depend on the store account used for the purchase and on the store’s restoration mechanisms. Nothing in these Terms limits any refund, conformity or other remedy available to you under mandatory consumer law.
Advertising and third-party services
The free version of the App may display advertising supplied by third parties. The App and Site also rely on third-party components or services, and may contain links to services that we do not control. Their own terms and privacy notices apply. We are responsible for our choice and integration of third-party components to the extent required by law, but we do not control independent third-party content, availability or practices.
Some features require an internet connection. Your network provider’s terms and charges, including roaming charges, may apply.
Privacy
Our Privacy Policy explains how personal data is processed when you use the App and Site. It also describes the distinction between information kept locally in the App and data processed by third-party services.
Availability, compatibility and updates
We may maintain, correct, improve or change the Services and their technical requirements. We will provide updates, including security updates, where and for as long as required by applicable law. You should install updates made available through the relevant app store within a reasonable time. Where the law permits, we are not responsible for a problem caused solely by your failure to install an update after you were informed of its availability and the consequences of not installing it.
We do not guarantee that every feature will remain compatible with every device or operating-system version, or that the Services will always be uninterrupted or error-free. We may suspend or discontinue all or part of the Services for legal, security, technical or commercial reasons, giving reasonable notice where practicable and respecting rights attached to purchases and other mandatory consumer rights.
Availability may also be affected by app stores, operating-system providers, device manufacturers, network operators and events beyond our reasonable control. To the extent permitted by law, we are not responsible for delay, interruption or inability to perform caused by such events.
Responsibility
You are responsible for the information you enter or import, the people whose information you manage, the recipients you choose, the security and availability of your device and backups, and your compliance with applicable law. Do not rely on the App as the sole place where you keep information or as a substitute for an original document.
Except for guarantees and warranties that cannot lawfully be excluded, the Services are provided on an “as is” and “as available” basis. We do not make additional warranties that the Services will be uninterrupted, error-free, secure, compatible with every device or system, that scans, barcodes, QR codes or user-entered data will be accurate, or that any digital representation will be accepted for a particular purpose.
To the maximum extent permitted by law, we are not responsible for loss caused by unauthorised, improper or unlawful use of the Services; inaccurate, incomplete or outdated user-supplied data; reliance on a digital representation instead of an original or official channel; loss or compromise of a device, local data or exported backup; disclosure of a sharing link by you or a recipient; failure of an independent third-party service; or failure to maintain connectivity, storage, credentials, backups or a supported operating system. These exclusions apply only where the loss is not attributable to our breach of an applicable legal duty.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss or corruption of data, loss of profit, revenue, opportunity or reputation, missed deadlines or appointments, denial of access to a benefit or service, or the cost of obtaining substitute services, where such loss was not a reasonably foreseeable consequence of our breach or results from a risk placed under your responsibility by these Terms.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct or gross negligence, death or personal injury caused by our act or omission, violations of public-order obligations, or any rights and remedies granted to consumers by mandatory law.
Ending use of the Services
You may stop using the Services and uninstall the App at any time. Export any backup you wish to keep before uninstalling or deleting local data. Your licence to use the App ends automatically if you materially breach these Terms, subject to any notice or remedy period required by law. Provisions that by their nature should continue after termination, including those on intellectual property, responsibility, governing law and disputes, will remain in effect.
Changes to these Terms
We may update these Terms to reflect changes to the Services, the law, security requirements or our business. The updated version will be posted on this page with a new effective date. Where required by law, or where a change materially and adversely affects paid functionality, we will provide additional notice through an appropriate channel before the change takes effect. Changes apply prospectively and do not remove rights already acquired under mandatory law.
Governing law and disputes
These Terms are governed by Italian law. If you are a consumer, this choice does not deprive you of the protection of mandatory provisions of the country in which you habitually reside, and disputes may be brought before the courts competent under applicable consumer law, including the court of your place of residence or domicile where provided. In other cases, the courts of Alessandria, Italy, have exclusive jurisdiction.
Before starting formal proceedings, you may contact us so that we can try to resolve the matter informally. This does not restrict your right to seek a judicial or other remedy available under applicable law.
General provisions
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect, and the affected provision will apply to the maximum extent permitted by law. A failure to enforce a provision is not a waiver. These Terms, together with any applicable store terms and the Privacy Policy, form the agreement governing your use of the Services; mandatory law prevails in the event of conflict.
Contact
For questions, complaints or support concerning these Terms or the Services, contact Carlo Andreotti, operating under the name Baleen Developers, at baleen.devs@gmail.com or by post at Via dei Boschi 30, 15072 Casal Cermelli (AL), Italy.
