Terms and conditions

Art. 1 — Service Provider and contacts

The digital service named “Message in a JR Bottle” is provided and managed by:

Affreschi & Affreschi S.r.l.

Registered office: Zona P.I.P., Lotto 9 – 73027 Minervino di Lecce (LE), Italy

VAT and Tax Code: IT04779110750 – REA: LE-317690 – Share capital: EUR 10,000.00

Certified email (PEC): affreschisrls@pec.it – Support email and point of contact for recipients of the Service under the DSA: info@jrose.it – Privacy email: privacy@jrose.it

Website: www.jrose.it

J.Rose is a licensed trademark managed by Affreschi & Affreschi S.r.l. In this document, every reference to “J.Rose” means Affreschi & Affreschi S.r.l., as provider and manager of the Service.

Art. 2 — Definitions

For the purposes of these Terms, the following definitions apply:

• Service: the digital service named “Message in a JR Bottle”.
• Terms: these Terms and Conditions of the Service.
• Platform: the website, portal or digital interface through which the Service is activated, published and managed.
• Enabled Bottle: a J.Rose bottle with an NFC Tag correctly associated with J.Rose systems.
• NFC Tag: the electronic component integrated into or affixed to the Enabled Bottle, identified by the green NFC sticker. Scanning provides access to the dedicated activation landing page and, after Publication, to the associated Digital Page.
• Tag ID: the unique identification code associated with the NFC Tag.
• Creator: the adult natural person or legal entity that, through an authorised adult natural person, activates the Service, uploads the Content and associates a verified email address with the Service.
• Recipient: the person to whom the Creator intends to give or dedicate the Bottle and the Content.
• Visitor: anyone who accesses the Digital Page following a valid scan of the NFC Tag and, where required, entry of the Access Password.
• Content: the single text message, single video, or both, associated by the Creator with the Enabled Bottle.
• Digital Page: the page linked to the Enabled Bottle on which the Content is displayed.
• Publication: the final confirmation by which the Creator makes the Content accessible through the Digital Page.
• Open Access: the mode in which the Digital Page can be viewed following a valid NFC Tag scan, without entering an Access Password.
• Protected Access: the mode in which viewing the Digital Page requires both a valid NFC Tag scan and entry of the Access Password.
• Access Password: the password chosen by the Creator to restrict access to the Digital Page.
• OTP: the temporary, single-use code sent to the Creator’s verified email address.
• Consumer: the natural person acting for purposes outside their trade, business, craft or profession.
• Technical Providers: third parties providing infrastructure, hosting, security, video processing, email delivery or other functions necessary for the Service.

Art. 3 — Scope and inclusion of the Service with the Bottle

The Service allows the Creator to associate a single piece of digital Content, consisting of a text message, a video or both, with an Enabled Bottle and make it accessible by scanning the NFC Tag.

The Service is included in the price of the Enabled Bottle and does not require a separate purchase or payment upon activation. The Service remains separate from membership, digital cards, digital passports, blockchain, promotional programmes and other J.Rose initiatives, and grants no priority rights or additional commercial benefits.

The Service does not certify ownership, possession, authenticity or provenance of the Bottle for civil-law purposes, and does not govern the sale, gift, inheritance or transfer of the physical Bottle.

No permanent account is created for the Creator, Recipient or Visitor. Technical management remains linked to the Creator’s verified email address and takes place using OTPs, under Articles 6 and 12.

Art. 4 — Requirements and Enabled Bottles

The Service may only be activated by a natural person aged eighteen or over. Where the Creator is a company, entity or other organisation, the operation must be performed by an adult natural person with the necessary authority.

The Service can only be used with an Enabled Bottle and a Tag ID recognised by J.Rose systems. The presence of the J.Rose trademark on a bottle does not, by itself, mean that the bottle is enabled.

An Internet connection, a device compatible with NFC technology or the corresponding digital link, and an up-to-date browser are required to use the Service. Essential technical requirements are specified on the Platform.

Each Enabled Bottle can contain only one experience. If the Tag is not recognised, has already been activated or cannot technically be associated with the Service, Publication is prevented and the Creator may contact support for the checks provided for in Articles 6 and 16.

For Bottles purchased from retailers or through channels other than the J.Rose website, activation of the Service requires physical possession of the Bottle and scanning its NFC Tag.

For Bottles purchased on the J.Rose website and intended for the buyer, activation can take place after delivery by scanning the NFC Tag.

Where a recipient other than the buyer is specified in a Bottle order placed on jrose.it, J.Rose may communicate the associated Tag ID to the buyer by the next business day or upon completion of the order. After receiving the Tag ID, the buyer can access the dedicated landing page, activate the Service, and create and publish the Content before the Bottle is delivered to the Recipient, without further payment.

Communication of the Tag ID only enables technical activation of the Service and does not certify ownership, possession or transfer of the Bottle.

Art. 5 — Service included in the price of the Bottle

The Service is included in the price of the Enabled Bottle bearing the green NFC sticker. Activation, the choice between Open Access and Protected Access, and subsequent changes to the Password or access mode incur no additional charges.

Activation does not constitute a new order and requires no separate payment. The sale of the Bottle, including price, payment, invoicing and the right of withdrawal, remains governed by the conditions applicable to the channel and seller from which the Bottle was purchased and by mandatory legal provisions.

After Publication, the Creator receives confirmation at the verified email address, containing the Tag ID, the date and time of Publication, the exact expiry date of the Content, the chosen access mode and the version of the Terms accepted.

Proof of purchase of the Bottle is not required in the normal activation process. J.Rose may request it, together with photographs of the Bottle and Tag or physical possession of the Bottle, only where reasonably necessary for support, recovery, disputes or fraud prevention.

Art. 6 — Activation, Creator’s email and OTP verification

To activate the Service, the Creator enters an email address and the Tag ID and verifies the address using an OTP. For each Tag not yet activated, the first verified email address to successfully complete the procedure becomes the technical contact associated with the Service.

There is no need to create a permanent account. Before activation, anyone can scan the Tag visible on the Bottle; scanning alone, however, grants no rights. To complete activation and subsequently access management functions, the associated email address must be verified using an OTP.

The Creator must keep their email inbox secure and accessible, protect the associated devices and promptly notify J.Rose of any compromise, unrecognised access or loss of control of the email address.

The Creator may request replacement of the associated email address or dispute an unauthorised activation by contacting support. As the Tag is visible and can be scanned even before purchase, J.Rose may precautionarily suspend the Page and request proof of purchase, photographs of the Bottle and Tag, physical possession of the Bottle or other proportionate checks. Replacement or restoration is not automatic where disputes, inconsistencies or fraud risks arise.

For legal entities, the email address and operations performed by the authorised operator bind the represented entity. J.Rose is not required to continuously verify the operator’s internal authority, except where reports or circumstances require further checks.

Art. 7 — Included Content and technical limits

The Service includes only:

• the ability to publish up to one text message, within the character limits specified on the Platform;
• the ability to publish up to one video of a maximum duration of one minute, in the formats and within the size limits specified on the Platform;
• association of the Content with the Enabled Bottle;
• viewing through Open Access or Protected Access;
• the management and deletion functions provided for in these Terms.

The Content may consist of the text message alone, the video alone or both.

Standalone photographs, separate audio files, document attachments, additional messages or subsequent videos, and editing, correction, translation, professional archiving or file restoration services are not included.

J.Rose may perform strictly necessary technical operations, such as compression, transcoding, preview generation, format adaptation and security checks. These operations do not constitute editorial changes to the Content.

The Creator must keep their own original copy of any text and/or video before starting the procedure. The Service does not provide for saving or recovering drafts.

Art. 8 — Uploading, preview and Publication

Uploading, preview and Publication must be completed within the same session. Before final confirmation, the Creator may correct or replace any text and/or video entered, choose the access mode and preview the Content.

The Service does not save drafts. If the Creator abandons the procedure, closes the page, interrupts the upload or allows the session to expire before Publication, any text and/or video entered cannot be recovered and must be uploaded again. Any transient technical copies generated during uploading are rendered unusable when the session closes or expires and automatically deleted within twenty-four hours, except for the time strictly necessary for security and handling technical anomalies.

Publication requires separate and explicit confirmation; before confirming, the Creator must carefully check any text and/or video entered, including orientation, audio, people depicted and the selected access mode.

The date and time of Publication mark the beginning of the twelve-month period provided for in Article 17. Before final confirmation, the Platform clearly shows the exact date of automatic deletion.

Art. 9 — Open Access or Password-protected access

The Creator may choose between the following modes:

• Open Access: anyone physically holding the Bottle who performs a valid NFC Tag scan can view the Content without entering a Password;
• Protected Access: viewing the Content requires a valid NFC Tag scan and entry of an Access Password of at least eight characters chosen by the Creator.

The Access Password is not personal and does not identify the Visitor. Knowing the Password alone does not allow the Content to be viewed without a valid NFC Tag scan. However, J.Rose cannot prevent the Password from being communicated, copied or forwarded to people other than the intended Recipient, who may use it if they physically hold the Bottle and perform a valid Tag scan.

Through OTP verification, the Creator may change or reset the Password and switch from Open Access to Protected Access or vice versa, at no additional cost. These operations do not alter the Content or change the expiry date communicated before Publication.

Protected mode does not constitute end-to-end encryption and does not prevent J.Rose and Technical Providers from accessing data where necessary to provide the Service, ensure security, handle reports or comply with legal obligations.

Art. 10 — Nature of access and warnings

The NFC Tag uses cryptographic authentication technologies that generate dynamic data on each scan, which can be verified by J.Rose systems. Access to the Content is permitted only following a valid Tag scan and successful technical verification of the generated data.

Merely saving, copying, forwarding or sharing the address displayed in the browser does not normally allow access to the Content without a new valid Tag scan. J.Rose adopts reasonable technical measures to prevent reuse of generated links, access through invalid links and normal indexing of Digital Pages by search engines.

In Open Access mode, the Content can be viewed by anyone physically holding the Bottle who performs a valid Tag scan.

In Protected Access mode, viewing requires both a valid Tag scan and entry of the Password chosen by the Creator. Knowing the Password alone, without a valid scan, does not allow access to the Content.

The security measures adopted do not guarantee absolute invulnerability. J.Rose cannot rule out access arising from unforeseen vulnerabilities, tampering, compromised systems, misuse of a device or other circumstances beyond technical control.

Once legitimately viewed, the Content may be photographed, filmed with another device, captured through screenshots or screen recording, manually reproduced or shown to third parties by the person accessing it. J.Rose cannot absolutely prevent such conduct.

The Content is intended for personal enjoyment. Copying, recording, publishing, forwarding, disseminating or deliberately showing it to third parties without authorisation from the Creator and any rights holders is prohibited.

Art. 11 — Content cannot be changed and no subsequent content is allowed

After Publication, the Content cannot be edited, corrected, supplemented or replaced through the normal functions of the Service.

The Service does not allow additional messages, videos or other subsequent content to be added. The only permitted change concerns access settings and the Password, under Article 9.

The Creator may only keep the Content active or delete it entirely under Article 12. J.Rose may hide, suspend or remove it in the cases provided for by these Terms, the law or an authority’s order.

Art. 12 — Management and deletion by the Creator

Management functions are accessible only following a valid NFC Tag scan. The Creator retains control of authorisation through the verified email address and OTP. Operations involving access settings, the Password and downloads require the Creator’s OTP verification; deletion also requires the joint procedure described below.

Management functions only allow you to:

• view the status of the Service;
• change the access mode or Password;
• download a copy of the Content for as long as it remains active;
• permanently delete all the Content.

The download function may be temporarily unavailable due to maintenance, security or technical anomalies, without prejudice to the Creator’s right to obtain a copy of the Content once the Service is restored.

Deletion must be initiated by the physical holder of the Bottle through a valid NFC Tag scan and the “Request deletion of the Content” button. The system then sends an OTP to the Creator’s verified email address. Deletion is completed only by entering that OTP in the session opened by the scan and confirming the operation a second time. The Creator cannot delete the Content remotely without a valid Tag scan; the Recipient or another holder cannot delete it without the Creator’s OTP. The Access Password is not sufficient.

Following deletion, the Content is removed from active systems and the Tag permanently ceases to be usable for the “Message in a JR Bottle” Service. Subsequent scans of the Tag will redirect to an ordinary page on jrose.it selected by J.Rose.

Deletion does not allow the experience to be restored, a new activation to take place or new Content to be published on the same Tag. After deletion, the Tag remains associated with an ordinary page on jrose.it selected by J.Rose.

Any residual technical copies of the Content may temporarily remain in backup systems for security, technical continuity, defence of rights or compliance with legal obligations, without being accessible through the Tag or recoverable by the Creator. Such copies are overwritten, deleted or permanently rendered unusable within the maximum period specified in the Privacy Notice and consistent with the technical backup cycle, unless further retention is required by law or strictly necessary in connection with a dispute that has already arisen.

Automatic expiry under Article 17 has the same effects regarding the Content and the subsequent destination of the Tag as permanent deletion described in this Article.

Voluntary deletion does not entitle you to a separate refund for the Service, as the Service is included in the price of the Bottle. Mandatory protections concerning the sale of the Bottle and conformity of the Service remain unaffected.

Art. 13 — Relationships between Creator, Recipient and Visitors

The Recipient and other Visitors do not acquire an account, control of the associated email address, the power to independently change the access mode or Password, a right to permanent retention of the Content or the power to independently complete deletion. However, the physical holder of the Bottle may initiate a deletion request through a valid NFC Tag scan and the relevant button.

After the Bottle has been gifted, delivered or transferred, deletion requires cooperation between the physical holder of the Bottle and the Creator: the former must perform the valid scan and initiate the request; the latter must authorise it through the OTP received at the verified email address. Sharing the OTP with the holder constitutes the Creator’s authorisation for permanent deletion. If the Creator physically holds the Bottle, they may perform both stages.

J.Rose does not act as mediator, trustee, arbitrator or investigator of the personal relationship between Creator and Recipient. Subject to mandatory liabilities directly attributable to J.Rose, it is not liable for the consequences of deletion completed through a valid Tag scan, the OTP sent to the associated email address and final confirmation, or for disputes regarding communication of the OTP between the parties.

The Recipient, a person depicted or any third party retains the right to report unlawful or harmful Content or Content published without the necessary rights or consents, and to exercise rights under personal data protection legislation.

If the Creator subsequently becomes incapacitated, the legally authorised representative may only request permanent deletion of the Content, subject to verification of their identity and authority.

If the Creator dies, entitled persons may exercise the rights provided for in Article 2-terdecies of Legislative Decree 196/2003, subject to verification of their identity and entitlement. Any release of a copy of the Content is assessed taking into account inheritance law, copyright, any wishes expressed by the Creator, and the rights and privacy of people depicted or otherwise concerned. J.Rose may redact or omit third-party data where necessary and refuse release where legal requirements are not met. Deletion may still be requested in the cases provided for by law. In the absence of legitimate requests, the Content remains accessible under these Terms. Technical management functions are not transferred, and no person automatically succeeds to the Creator’s contractual position, except as required by mandatory provisions.

Art. 14 — Ownership of Content and technical licence

The Creator retains ownership of the rights to Content of which they are the legitimate rights holder. Publication does not transfer ownership of the text message, video or both to J.Rose.

The Creator grants J.Rose, for the period necessary to provide the Service, a non-exclusive, royalty-free licence, revocable through deletion or withdrawal and limited to the technical operations necessary to host, reproduce, transcode, protect, back up, display and moderate the Content.

After deletion or withdrawal, the licence ceases for ordinary uses, remaining effective only to the extent necessary for residual backup copies, legal obligations, handling disputes and protecting rights.

Art. 15 — Prohibited Content and Creator’s responsibility

The Creator is responsible for the Content uploaded and declares that they hold all necessary rights, consents and authorisations, including copyright, image and voice rights and authorisations from the people depicted.

Uploading Content that meets any of the following descriptions is prohibited:

• is unlawful or facilitates unlawful activities;
• infringes copyright, trademarks, trade secrets, or rights to image, voice, reputation or privacy;
• contains threats, harassment, blackmail, defamation, incitement to hatred, discrimination or violence;
• is pornographic, sexually explicit, intimate or intended to humiliate a person;
• depicts or makes minors identifiable, even where the Creator believes they have consent;
• contains identity documents, credentials, passwords, banking data, health data, private addresses, security information or other highly confidential data;
• contains malware, malicious code, misleading links, spam or unauthorised commercial communications;
• is incompatible with public policy, public morals or people’s safety.

The same rules apply to both Open Access and Protected Access. A Password does not make prohibited or highly confidential Content permissible.

Art. 16 — Reports, moderation and review

Anyone who believes Content is unlawful, infringes rights or conflicts with these Terms may send an electronic report to info@jrose.it, providing, where available, the Tag ID or Page address, reasons for the report, supporting evidence, contact details for a response and a statement confirming in good faith the accuracy and completeness of the information provided. J.Rose acknowledges receipt of the electronic report without undue delay. J.Rose does not perform general prior monitoring of Content. When it receives a sufficiently precise report or otherwise becomes aware of relevant information, it carries out the necessary checks promptly, diligently, objectively and without arbitrariness.

Where there is an urgent risk to people, security, minors, personal data or third-party rights, J.Rose may precautionarily hide the Page. In other cases, where possible, it informs the Creator and allows them to provide clarification.

J.Rose may retain the Content, restrict access, hide or remove it where there are reasonable grounds to consider it unlawful, harmful to others’ rights or incompatible with these Terms. The measure must be necessary and proportionate. J.Rose communicates the outcome of the checks without undue delay to the Creator and, where contact details are available and the law permits, to the reporting person. The communication to the Creator states the essential facts considered, the legal or contractual basis, the measure adopted, any use of automated tools and available means of challenge, except where prohibited by law or precluded by investigative needs or concrete risks to people or third parties.

The Creator may request a review within fifteen days of the communication. J.Rose examines the request through appropriately qualified personnel and normally responds within fifteen business days, taking into account the complexity of the case. The right to contact authorities and use other remedies provided by law remains unaffected. The same rules apply to reports of activation by an unauthorised person. J.Rose may precautionarily suspend the Digital Page and request reasonably necessary documentation, including proof of purchase, photographs of the Bottle and Tag and physical possession of the Bottle. Where J.Rose becomes aware of information giving rise to suspicion of a criminal offence involving a threat to the life or safety of one or more persons, it makes the notifications required by applicable legislation.

Where activation is reasonably found to have taken place without authorisation, J.Rose permanently deactivates the Content and resets the Tag, allowing a new activation by the entitled person.

This procedure is an exceptional remedy applicable only to unauthorised activations and does not allow a Creator who voluntarily deleted their Content under Article 12 to reactivate the same Tag.

If the Tag cannot be reset or replaced without intervention on the Bottle, J.Rose replaces the affected Bottle, subject to return of the original for the necessary technical checks. For editions no longer available, J.Rose may offer an equivalent Bottle or another remedy agreed with the buyer, without prejudice to the Consumer’s mandatory rights.

The person responsible for an unauthorised activation is not entitled to compensation for deactivation of the Content, without prejudice to mandatory protections and cases where the complaint is subsequently found to be unfounded.

Where removal results from a breach attributable to the Creator, no compensation is due for removal, without prejudice to mandatory protections and cases where the measure is subsequently found to have been erroneous.

Art. 17 — Duration of the Content and automatic expiry

The Content remains available for twelve months from the date and time of Publication. The exact expiry date is clearly shown before final confirmation and included in the confirmation sent to the verified email address.

Availability may end before twelve months in the event of

• deletion requested by the Creator;
• removal or suspension due to unlawful Content or Content contrary to these Terms;
• legal obligations or orders from authorities;
• permanent technical impossibility or force majeure, to the extent permitted by law and without prejudice to the Consumer’s mandatory remedies.

On expiry of the twelve months, the Content is automatically and permanently deleted from active systems, without requiring a request and without any further individual email notice. The Creator must therefore keep or download their own copy in good time.

No renewal, extension, free continuation, replacement of the Content or new Publication on the same Tag is provided for. Changes to the Password or access mode do not alter the expiry date.

After expiry, the Digital Page no longer displays the Content and scanning the Tag redirects to an ordinary page on jrose.it. Any residual technical copies are not accessible through the Tag and are deleted, overwritten or rendered unusable within the maximum period of thirty days specified in the Privacy Notice, except in the case of legal obligations or disputes that have already arisen.

The duration of the Content is separate from the estimated physical lifespan of the NFC Tag: the Tag is an access tool, while the Content remains available only for the twelve months specified in this Article.

Art. 18 — NFC Tag, compatibility and malfunctions

The NFC Tag does not contain the Content, but provides access to the associated digital resources in J.Rose systems. Before activation, scanning opens the dedicated activation landing page; during the twelve months of availability, it provides access to the Digital Page; after voluntary deletion or automatic expiry, it redirects to an ordinary page on jrose.it. Destruction, removal or damage to the Tag prevents or makes normal scanning more difficult, but does not automatically cause early deletion of the Content from the servers.

J.Rose is not liable for malfunctions caused by impacts, breakage of the Bottle, tampering, removal of the Tag, heat, humidity, abnormal wear, third-party intervention, incompatible devices, phone settings, outdated browsers or lack of connectivity.

In the event of an original defect in the Tag or incorrect association attributable to J.Rose, the Creator may contact support. J.Rose may restore access by reassociation, an alternative link, replacement of the Tag or another equivalent technical intervention, where appropriate and proportionate.

Opening the Bottle or consuming the drink does not exclude rights relating to an original defect in the Tag or digital Service. Free replacement of the entire Bottle is not automatic and remains due where it constitutes the necessary and proportionate remedy under the law, applicable sales conditions or the procedure in Article 16 for unauthorised activations.

Art. 19 — Conformity of the Service and remedies

During the twelve-month period, J.Rose ensures conformity of the Service with the characteristics described in these Terms and provides necessary technical and security updates under applicable legislation.

The Service may be temporarily unavailable due to maintenance, updates, security or urgent intervention. J.Rose takes reasonable measures to limit interruptions and does not guarantee uninterrupted, one hundred per cent availability.

A Consumer experiencing a failure to supply or lack of conformity may contact J.Rose. Mandatory remedies provided by law for the sale of the Bottle and connected digital content or services remain applicable, including, where the requirements are met, restoration of conformity, a proportionate price reduction or termination. Automatic deletion on the communicated expiry date does not in itself constitute a lack of conformity.

The Consumer must cooperate, within reasonable limits and using proportionate tools, with the checks necessary to establish whether the problem arises from the Service, Tag, device or digital environment used.

These Terms do not limit the statutory guarantee relating to the Bottle or other purchased goods, governed by the applicable sales conditions.

Art. 20 — Withdrawal, deletion and remedies

As the Service is included in the price of the Enabled Bottle and is not subject to separate payment upon activation, there is no separate Service order from which to withdraw independently.

Any right of withdrawal relating to the purchase of the Bottle is governed by law and the seller’s conditions and depends, among other things, on the sales channel and the customer’s status. The Consumer must contact the seller from whom they purchased the Bottle.

Activation or Publication of the Content does not limit the Consumer’s mandatory rights relating to the Bottle or conformity of the Service. The effects of any withdrawal from the sale on the Tag and Content are handled case by case under the law and applicable sales conditions.

Deletion of the Content using an OTP is a technical function separate from withdrawal relating to the Bottle, and does not automatically involve return of the Bottle or termination of the sale.

Voluntary or automatic deletion does not grant an independent right to a refund for the Service, as no separate consideration is charged. Mandatory remedies for failure to supply or lack of conformity remain unaffected.

For complaints about digital operation, the Creator may write to info@jrose.it; for withdrawal or remedies relating to the sale of the Bottle, they must follow the channels specified by the seller.

For professionals, companies and entities, the respective seller’s sales conditions and any applicable mandatory provisions apply.

Art. 21 — Privacy and personal data

Processing of personal data connected with the Service is described in the dedicated Privacy Notice, made available before activation and through a link accessible from the landing page and Digital Page. Affreschi & Affreschi S.r.l. acts as data controller for data necessary for activation and management of the Service, OTP verification, security, support, moderation, handling reports and compliance with legal obligations. For these purposes, data processed may include email address, Tag ID, OTP verifications, access settings, security logs, deletion, support and moderation requests, and any proof of purchase provided for recovery or disputes.

For simple viewing, the Visitor is not required to create an account or directly provide a name, email address or phone number. Technical connection data may nevertheless be processed, such as IP address, date and time, device, browser, Tag ID, access attempts and security logs.

The Access Password does not identify the Visitor. The Service is not designed to know the identity of people who view the Content.

The Content may include personal data, images, voice or other information relating to the Recipient or third parties. The Creator is responsible for the lawfulness of uploading and must hold any necessary rights, authorisations, consents or other legal bases, also taking into account the nature of Open or Protected Access. The parties’ roles regarding personal data included in the Content depend on the nature, context and purposes of uploading and are described in the dedicated Privacy Notice. Where the Creator acts in the course of a business or professional activity, they generally act as an independent controller for third-party personal data they decide to include in the Content; where J.Rose processes such data exclusively on the Creator’s behalf and under their instructions, the parties govern the processing in accordance with Article 28 GDPR, where applicable. J.Rose acts as an independent controller for activities carried out for its own security, moderation, report handling, protection of rights and legal compliance purposes.

J.Rose may restrict, hide or remove the Content to handle substantiated requests from data subjects, protect third-party rights or comply with legislation and orders from competent authorities.

Data is not used for marketing without specific consent, where required. Acknowledging the Privacy Notice does not constitute consent to promotional communications.

Art. 22 — Technical changes, cessation and force majeure

J.Rose may change technical components of the Service for security, compatibility, maintenance, regulatory compliance or replacement of Technical Providers, provided it does not alter the Creator’s Content and preserves essential functions during the twelve-month period.

J.Rose may modify the Service beyond what is necessary to maintain conformity only for valid reasons of security, compatibility, maintenance, regulatory compliance or replacement of Technical Providers, at no additional cost to the Consumer and without altering the Creator’s Content. Changes that have a negative and more than minor impact on access or use are communicated clearly, on a durable medium and with reasonable advance notice, stating their nature, timing and available remedies. Such changes do not extend the expiry date. A planned cessation attributable to J.Rose before expiry leaves remedies under applicable legislation unaffected.

J.Rose is not liable for damage directly attributable to delays or interruptions caused by unforeseeable, unavoidable events that cannot reasonably be overcome, such as natural disasters, fires, wars, orders from authorities, widespread network outages, exceptionally serious cyberattacks, sudden unavailability of essential infrastructure or similar events. J.Rose takes reasonable measures to reduce their effects and restore the Service where possible. The Consumer’s right to terminate the contract and receive any refunds provided for by law remains unaffected where the inability to supply the Service becomes permanent or continues for a period incompatible with the purpose of the contract.

Art. 23 — J.Rose’s liability and limits

To the extent permitted by law, J.Rose is not liable for:

• Content uploaded by the Creator or the consequences of its viewing;
• communication or sharing of the Password, it being understood that the Password alone does not allow access without a valid Tag scan, or the creation or dissemination of copies, photographs, screenshots or recordings of the Content by people who have accessed it;
• access by anyone physically holding the Bottle who performs a valid Tag scan and, in Protected Access mode, also knows the Password;
• disputes, promises or agreements between the Creator, Recipient, Bottle holders and third parties;
• problems arising from the device, network, browser, NFC settings or tampering and damage attributable to the user;
• loss of access to the email inbox caused by the Creator or third parties, without prejudice to reasonably available support.

No provision excludes or limits J.Rose’s liability for wilful misconduct or gross negligence, personal injury in the cases provided for by law, breaches of data protection legislation, failure to supply or lack of conformity, or other mandatory Consumer rights.

For users who are not Consumers, any contractual liability of J.Rose for direct damage is limited, except in cases of wilful misconduct or gross negligence and to the extent permitted by law, to the amount paid for the Enabled Bottle to which the Service relates. Indirect or consequential damage and losses of profit or reputation unforeseeable at the time of contracting are excluded.

Art. 24 — Support, applicable law, jurisdiction and ADR

For technical or contractual support: info@jrose.it

For privacy requests: privacy@jrose.it

For formal communications: affreschisrls@pec.it

J.Rose normally handles requests within fifteen business days, taking into account complexity and necessary checks. Reports concerning unlawful Content are handled without undue delay under Article 16. The contact details provided constitute direct communication channels for recipients of the Service; the point of contact for competent authorities is communicated and kept up to date under Regulation (EU) 2022/2065.

These Terms are governed by Italian law. If the Consumer habitually resides in another European Union Member State, the choice of Italian law does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence, which remain applicable where more favourable.

For Consumers, the courts of their place of residence or domicile have jurisdiction in the cases provided for by mandatory legislation. For users who do not act as Consumers, the Court of Lecce has exclusive jurisdiction, unless otherwise required by mandatory provisions.

After submitting a complaint to J.Rose, the Consumer may use alternative dispute resolution (ADR) bodies recognised under Articles 141 et seq. of the Italian Consumer Code. Updated information on ADR bodies is available through the institutional channels of the Ministry of Enterprises and Made in Italy. The former European ODR platform is no longer operational.

Art. 25 — Acceptance, specific approval and version

Before Publication, the Creator must select separate, unticked declarations, worded clearly and consistently with the Platform’s actual operation.

When Protected Access is selected, the system also displays the following specific declaration:

Before Publication, the separate confirmation set out in Article 8 is required. Before deletion, the separate confirmation set out in Article 12 is required.

Where applicable, particularly in dealings with professionals, companies and entities, the user specifically approves, through a second separate, unticked checkbox, Articles 9 and 10 (access and confidentiality limits), 11 and 12 (unchangeable Content and deletion), 13 (relationships with the Recipient), 15 and 16 (prohibited Content, moderation and unauthorised activations), 17 and 22 (duration, expiry, changes and cessation), 20 (withdrawal, deletion and remedies), 23 (liability limitations) and 24 (Court of Lecce for non-Consumers). Such approval does not validate unfair terms or limit mandatory Consumer rights.

For the periods specified in the Privacy Notice and applicable legislation, J.Rose retains the version of the Terms accepted, the text of declarations, date and time of acceptances, verified email, OTP results, access mode, Publication and expiry dates, Password changes, deletion requests, reports, moderation decisions, complaints and any evidence provided for support or disputes.

These Terms constitute Version 1.9 and take effect on 5 October 2026. The version applicable to each individual Service is the one accepted upon Publication, subject to updates permitted by law during the supply period.

If a provision is void, invalid or unenforceable, the remaining provisions continue to have effect to the extent permitted by law. Failure or delay by J.Rose to exercise a right does not constitute permanent waiver.