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TERMS AND CONDITIONS OF USE OF IPOSVISION AIR
1.Introduction
2.The IPosVision Air service provided by us
3. User’s Use of the Spotify Service
4. Content and Intellectual Property Rights
5. Customer Support, Information, Questions, and Complaints
6. Issues and Disputes
7. Information About These Terms
1. Introduction
Terms and Conditions for the use of IPosVision Air Retail
Welcome to IPosVision Air Retail ("the Software"), developed and provided by SB Software. It is a platform dedicated to the management and optimization of operations for opticians and optical retail stores. Please carefully read the following Terms and Conditions ("Terms") that govern your use of the IPosVision Air software and related services, including all our websites, software applications, and other connected resources (collectively, the "IPosVision Service").
The use of the IPosVision Air app is subject to additional terms and conditions provided by BBC Technologies, which are incorporated by reference into these Terms (collectively, the "Agreements"). Please refer to Section [Section Number] below for information on these additional terms and how to modify these Terms or the additional terms incorporated by reference. For more details on how [Company Name] collects, uses, shares, and protects user data, please refer to the Privacy Policy available on our website.
By registering or otherwise using the IPosVision Service, you agree to these Terms. If you do not agree to these Terms, you are not authorized to use the IPosVision Air service or access any content or features associated with it.
Service Provider
These Terms are entered into between the user and BBC Technologies, with its registered office at Via Domenico Cimarosa, 101 40033 - Casalecchio di Reno (BO) Italy.
2. IPosVision Air Service Options
We offer several options for the IPosVision Air Service, designed to optimize operations in optical stores. Some features are included for free, while others require payment for full access (the "Paid Subscriptions"). We may also offer promotional plans, subscriptions, or special services, including integrated packages of third-party products and services. We are not responsible for the products and services provided by such third parties.
Integration with Third-Party Applications, Devices, and Open Source Software
The IPosVision Service can integrate with or interact with third-party applications, websites, and services ("Third-Party Applications") as well as devices such as personal computers, mobile phones, tablets, wearables, speakers, and other third-party devices ("Devices"). The use of such third-party applications and devices by the user may be subject to additional terms, conditions, and criteria provided directly by the third-party entity. IPosVision does not guarantee the compatibility of Third-Party Applications and Devices with the IposVision Service.
Limitations and Modifications of the Service
We are committed to providing a reliable and effective IPosVision Service to optimize the management of optical stores.
However, the functionality of our service and its availability may vary over time and are subject to applicable laws.
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IPosVision reserves the right to modify, suspend, or discontinue (either permanently or temporarily) the provision of the IPosVision Service, including specific aspects such as functions, features, subscription plans, and promotional offers, in whole or in part.
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Our commitment is to continuously improve the user experience through updates and optimizations, which may include temporary interruptions for maintenance, testing, or implementations necessary to comply with current regulations. Additionally, we may remove access to certain content or features without prior notice. The user has the right to terminate these Terms as outlined in Section 6 below.
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For any prepaid Paid Subscriptions charged directly to IPosVision and terminated before the end of the prepaid period (as described in the Payments and Cancellation section below), IPosVision will provide a refund for the unused portion of the current subscription. To obtain a refund, the user’s account and billing information must be updated.
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IPosVision disclaims any responsibility for interruptions or failures of Internet services or other services caused by actions of government authorities, third parties, or events beyond our control.
These Terms and Conditions govern the use of the IPosVision Air Service. By registering or using our Service, the user confirms that they have read, understood, and accepted these Terms, as well as any relevant additional Agreements and the IPosVision Privacy Policy.
3. Use of the IposVision Air Service by the User
Creation of an IPosVision Account
To use the IPosVision Air Service, you may need to create an IPosVision Air account. The username and password are strictly personal and must be kept confidential. The user is responsible for all activities carried out with their username and password. In case of loss, theft, or suspected unauthorized access, the user must immediately notify our Customer Service.
IPosVision Air reserves the right to claim or modify the username for any reason.
User Rights to Use the IPosVision Air Service
Access to the IPosVisionAir Service
In accordance with these Terms (and any other applicable terms and conditions), the user is granted a limited, non-exclusive, and revocable license for personal, non-commercial use of the IPosVision Air Service and its Contents. This access will remain valid until the subscription is terminated by the user or by IPosVision Air. Redistribution or transfer of the Service or IPosVision Air Contents is prohibited.
The software applications and IPosVision Air Contents are licensed, not sold or transferred to the user. IPosVision Air and its licensors retain ownership of all copies of the software applications and IPosVision Air Contents, even after installation on the user’s devices.
IPosVision Air Ownership Rights
The IPosVision Air Service and its Contents are owned by IPosVision Air or its licensors. All trademarks, service marks, trade names, logos, IPosVision Air domain names, and all other branding features of IPosVision Air ("IPosVisionAir Branding Features") are exclusively owned by IPosVision Air or its licensors. These Terms do not grant any rights to use IPosVision Air Branding Features for commercial or non-commercial use.
The user must comply with the IPosVision Air User Guidelines and may not use the IPosVision Air Service or Contents in ways not expressly permitted by these Terms.
Payments and Cancellations
Paid Subscriptions
The user can purchase a paid subscription directly from IPosVision Air or through third parties, with:
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Prepaid subscription fees on a monthly or other recurring interval communicated to the user before the purchase; or
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Prepayment granting the user access to the IPosVision Air Service for a specified period ("Prepaid Period").
Tax rates are calculated based on the information provided and the applicable rate at the time of the monthly charge.
If the user purchases access to a paid subscription through a third party, use of the IPosVision Air Service may be subject to separate terms and conditions in addition to these Terms. By purchasing a paid subscription with a code, gift card, prepaid offer, or another offer provided or sold by or on behalf of IPosVision Air for access to a paid subscription ("Codes"), the user agrees to the Terms of the IPosVision Air Voucher.
Price Changes and Taxes
IPosVision Air may modify the price of paid subscriptions, including recurring subscription costs, Prepaid Periods (for periods not yet paid), or Codes, to reflect changes in product offerings, features, business changes, economic conditions, or for legal, regulatory, or security reasons, by notifying users of any price changes with at least 30 days' notice. Price changes will take effect from the next subscription period after the change. By continuing to use the IposVision Air Service after the price change takes effect, the user accepts the new price. If the user does not accept a price change, they may cancel the paid subscription before the price change takes effect.
Tax rates are based on the applicable rates at the time of the monthly charge. These amounts may vary over time based on local taxes in the user’s country, state, territory, or city.
Billing and Cancellations
Unless otherwise indicated (for example, if a Prepaid Period is selected), paid subscriptions continue indefinitely until canceled. The amount will be billed periodically on the first day of each billing period, and the user authorizes IPosVision Air (or the applicable third party) to charge the subscription fee to their payment method.
The user may cancel the paid subscription at any time by logging into their IPosVision Air account and following the instructions on the Account page. Unless otherwise specified, cancellation will take effect at the end of the billing period in which the user cancels, and the user will be downgraded to the free version of the IPosVision Air Service. We do not provide refunds or credits for partial subscription periods, unless expressly stated in these Terms.
If the user has purchased a paid subscription with a code, the subscription will be automatically terminated at the end of the period indicated in the Code or when the prepaid balance is insufficient to pay for the IPosVision Air Service.
IPosVision Air reserves the right to terminate a paid subscription at any time with at least 14 days’ notice. Unless otherwise communicated, the user will be able to maintain access to the paid subscription for the remainder of the current billing period, after which the account will be downgraded to the free version of the IPosVision Air Service.
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Right of Withdrawal
If the user registers for a Trial Period, they accept that the right of withdrawal for the paid subscription ends fourteen (14) days after the start of that period. If the user does not cancel the paid subscription before the end of the Trial Period, they lose the right of withdrawal and authorize IPosVision Air to automatically charge the agreed price monthly until the subscription is canceled.
If the user purchases a paid subscription without a Trial Period, they accept they have fourteen (14) days after the purchase to withdraw for any reason and will pay for the services provided up to the point of notifying that they have changed their mind. The user expressly consents to receiving the service immediately after purchase and agrees to lose the right of withdrawal, authorizing IPosVision Air to automatically charge the subscription fee every month until cancellation.
User Guidelines
We have established guidelines to optimize the use of the IPosVision Air Service ("IPosVision Air User Guidelines"). In using the IPosVision Air Service, the user must adhere to the IPosVision Air User Guidelines, as well as all applicable laws, rules, and regulations, and respect intellectual property, privacy, and other rights of third parties.
Brand Accounts
If the user creates an IPosVision Air account on behalf of a company, organization, entity, or brand (a "Brand" and such an account a "Brand Account"), the terms "User" and "User's" as used in these Terms (including other terms and conditions of IPosVision Air incorporated by reference herein) apply to both the user and the Brand.
By creating a Brand Account, the user represents and warrants that they are authorized to grant all permissions and licenses provided in these Terms (including any applicable IPosVision Air terms and conditions) and to bind the Brand to these Terms.
A Brand may follow users and create and share playlists, provided it does not take any action that implies approval or a commercial relationship between the Brand and the user unless the Brand has independently obtained the right to imply such approval. Furthermore, Brands must be transparent with our users regarding any approvals or considerations given to users or other parties and must comply with all applicable laws, regulations, and codes of conduct when applying such practices.
Export Control and Sanctions
IPosVision Air products may be subject to export control laws and economic sanctions laws of the European Union, the United Kingdom, the United States, and other jurisdictions, including but not limited to Regulation 2021/821 (EU Dual-Use Regulation), the UK Export Control Act 2002, the UK Export Control Order 2008, the U.S. Export Administration Regulations, U.S. Department of Commerce, U.S. Treasury's Office of Foreign Assets Control, and U.S. International Traffic in Arms Regulations (collectively, "Trade Control Laws"). The user represents and warrants that they are not (1) located in, organized under the laws of, or a resident of any country or territory subject to territorial sanctions (collectively "Sanctioned Countries"), nor are they part of or acting on behalf of a government subject to asset-blocking sanctions or any person or entity located in or ordinarily resident in a Sanctioned Country; and (2) not identified or owned more than 50% by, or controlled directly or indirectly by or on behalf of any entity identified in restricted parties lists of the EU, the UK, the U.S., or other government restricted party lists.
The user agrees to comply with all applicable trade control laws regarding their use of IPosVision Air products or services. Specifically, the user agrees not to use, sell, export, re-export, transfer, divert, release, or otherwise dispose of any products, software, or technologies (including derivatives or products based on such technologies) received from IPosVision Air under these Terms to any destination, entity, or person, or for any end-use prohibited by Trade Control Laws. IPosVision Air is not obligated to act in any way that is prohibited by applicable Trade Control Laws and will, at its sole discretion, refrain from being directly or indirectly involved in providing products or services that may be prohibited by applicable Trade Control Laws.
4. Content and Intellectual Property Rights
User Content
IPosVision Air allows users to post, upload, or otherwise contribute to the software ("User Content"). "User Content" refers to all information, materials, and other content added, created, uploaded, submitted, distributed, or published by users within the context of IPosVision Air. Users are responsible for the User Content they post and confirm that they own or have the right to post such content without violating our Terms, applicable laws, or the rights of third parties.
Licenses Granted by the User
User Content
The user retains ownership of the User Content. However, to provide the IPosVision Air service and its related features, the user grants IPosVision Air a non-exclusive, transferable, sublicensable to third parties, royalty-free, fully paid, irrevocable, and worldwide license to use, reproduce, perform, display, distribute, and modify the User Content, including for the purpose of creating derivative works.
Feedback
IPosVision Air welcomes user feedback regarding the use of the software. By providing feedback, the user grants IPosVision Air the right to use such comments without restrictions or payment.
Monitoring of User Content
IPosVision Air reserves the right to monitor or review User Content, including taking measures that may affect the availability and accessibility of such content. For more information on how we manage User Content, please refer to our Privacy Policy.
Intellectual Property Rights
IPosVision Air respects the intellectual property rights of others. Users who believe that content posted on the platform infringes their rights may refer to our Complaints Policy for infringement. By using IposVision Air, you agree to be bound by the aforementioned Terms and Conditions. We recommend reading them carefully and checking this page regularly for any updates.
5. Customer Support, Information, Inquiries, and Complaints
IPosVision Air Support and Community
Our support community is a dedicated space for discussions, information exchange, suggestions, and other relevant materials related to IPosVision Air. By participating in our support community, you agree to the IPosVision Air Community Terms.
To contact us directly and receive further information, please call our customer support number +39 051 0826005 or email us at Support: helpdesk@bbctech.it.
Customer Support, Information, Inquiries, and Complaints
For customer support regarding account questions, payments, or other relevant information ("Customer Support Inquiries"), you can use the customer support resources listed in the dedicated section on our website.
If you have questions regarding IPosVision Air or these Terms (including any additional terms and conditions), please contact our Customer Support by visiting the dedicated section on our website.
If you reside in the European Union and wish to file a complaint, you also have the option to use the online platform for alternative dispute resolution (ODR platform). The ODR platform is available at the following link: https://ec.europa.eu/consumers/odr.
By using IPosVision Air, you confirm that you have read, understood, and accepted our Terms and Conditions. By continuing to use our software, you agree to be bound by the aforementioned Terms and Conditions.
6. Problems and Disputes
Suspension and Termination of the IPosVision Air Service
These Terms will continue to apply until they are terminated by either the user or IPosVision Air.
IPosVision Air may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend the user's access to the IPosVision Air Service at any time if it has reason to believe that the user has violated any of these Terms, if the provision of the IPosVision Air Service or any of its material components is interrupted with reasonable notice to the user, or if it deems it necessary to comply with applicable law, or if it believes there has been conduct that creates liability or material harm to any user, another third party, IPosVision Air, or our affiliates. If IPosVision Air terminates these Terms or suspends the user's access to the IPosVision Air Service due to a violation of these Terms by the user, if necessary to comply with applicable law, or due to conduct that creates liability or material harm, the user agrees that IPosVision Air, in compliance with applicable laws, will have no liability to the user and (unless expressly provided in these Terms) will not refund amounts already paid by the user. If IPosVision Air terminates these Terms due to the cessation of the provision of the IPosVision Air Service or any of its material components, IPosVision Air will make reasonable efforts to provide the user with a notice of termination, including additional details about the termination, such as when it will take effect.
The user may terminate these Terms at any time, in which case they will no longer have access to or be able to use the IPosVision Air Service. For information on how to terminate the IPosVision Air account, use the Customer Support resources available on our "About Us" page.
Sections 4 (Content and Intellectual Property Rights), 3 (Use of the IPosVision Air Service by the User), 2 (The IPosVision Air Service Provided by Us), 6 (Problems and Disputes), 7 (Information on these Terms), and any other section of these Terms that, expressly or by their nature, should survive the termination of these Terms, will remain in effect.
Warranty Exclusions
Some jurisdictions do not allow the exclusion of implied warranties or limitations on the legal rights of consumers, so the exclusions and limitations in this section may not apply to the user, and nothing will affect the user’s legal rights.
IPOSVISION AIR WILL PROVIDE THE IPOSVISION AIR SERVICE WITH REASONABLE CARE AND SKILL AND IN COMPLIANCE WITH ANY SERVICE SPECIFICATION PROVIDED BY IPOSVISION AIR; HOWEVER, CONSEQUENTLY, THE IPOSVISION AIR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR LEGAL. FURTHERMORE, IPOSVISION AIR AND ALL CONTENT OWNERS MAKE NO EXPRESS, IMPLIED, OR LEGAL WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER IPOSVISION AIR NOR ANY CONTENT OWNER WARRANTS THAT THE IPOSVISION AIR SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. FURTHERMORE, IPOSVISION AIR MAKES NO STATEMENTS, WARRANTIES, OR ASSUMES ANY RESPONSIBILITY FOR THIRD-PARTY APPLICATIONS (OR THEIR CONTENT), USER CONTENT, DEVICES, OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE IPOSVISION AIR SERVICE OR ANY WEBSITE WITH HYPERLINKS. IN ADDITION, IPOSVISION AIR IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS REGARDING THE ABOVE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IPOSVISION AIR, WILL CREATE ANY WARRANTY ON BEHALF OF IPOSVISION AIR. WHILE USING THE IPOSVISION AIR SERVICE, THE USER MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USING SUCH FEATURES MAY STILL RESULT IN THE DELIVERY OF EXPLICIT CONTENT, AND THE USER SHOULD NOT RELY ON THESE FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability and Timeframe for Filing a Refund Claim
UNDER APPLICABLE LAW, THE USER AGREES THAT THE SOLE AND EXCLUSIVE REMEDY FOR ANY ISSUES OR DISSATISFACTION WITH THE IPOSVISION AIR SERVICE IS THE UNINSTALLATION OF ANY IPOSVISION AIR SOFTWARE AND THE DISCONTINUATION OF USE OF THE IPOSVISION AIR SERVICE. THE USER AGREES THAT IPOSVISION AIR HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THEIR CONTENT MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE IPOSVISION AIR SERVICE. ALTHOUGH THE RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH THESE THIRD PARTIES, THE USER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY ISSUE OR DISSATISFACTION WITH THIRD-PARTY APPLICATIONS OR THEIR CONTENT IS TO UNINSTALL OR DISCONTINUE USE OF SUCH THIRD-PARTY APPLICATIONS.
UNDER NO CIRCUMSTANCES WILL IPOSVISION AIR, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, ASSOCIATES, AFFILIATES, SUCCESSORS, ASSIGNEES, SUPPLIERS, OR LICENSEES BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (DIRECT OR INDIRECT) IN ANY WAY ARISING OUT OF THE USE OR INABILITY TO USE THE IPOSVISION AIR SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THEIR CONTENT; OR (3) AGGREGATE LIABILITY FOR ALL REFUND CLAIMS RELATED TO THE IPOSVISION AIR SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT EXCEEDING THE AMOUNT (A) PAID BY THE USER TO IPOSVISION AIR IN THE TWELVE MONTHS PRECEDING THE FIRST REFUND CLAIM, OR (B) $30.00. ANY LIABILITY ON OUR PART FOR DAMAGES IN RELATION TO THE IPOSVISION AIR SERVICE IS EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Nothing in these Terms removes or limits the liability of IPosVision Air for fraud, misrepresentation, death, or personal injury caused by our negligence and, as required by applicable law, intentional conduct.
Unless otherwise required by applicable law, any refund claim by the user against IPosVision Air must be made within one (1) year from the date the event giving rise to the claim occurred.
Third-Party Rights
The user agrees to indemnify and hold harmless IPosVision Air from and against all refund claims, damages, losses, and expenses of any kind (including reasonable legal and accounting fees) arising from or in connection with (1) the violation of any of these Terms (including any additional or supplementary terms incorporated herein), (2) User Content, (3) any activity conducted through the user’s IPosVision Air account, or (4) the violation of any law or third-party rights.
Indemnification
The user agrees to indemnify and hold IPosVision Air harmless from and against any direct losses, damages, and reasonably foreseeable expenses (including legal fees and reasonable costs) suffered or incurred by IPosVision Air arising from or related to:
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The user's violation of any of these Terms (including any additional or supplementary terms of IPosVision Air incorporated herein);
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Any Content posted by the user or contributed by the user;
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Any activity the user engages in within or through the IPosVision Air Service;
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The user's violation of any law or third-party rights.
7. About These Terms
Applicable Law Under applicable law, you may have certain rights that cannot be limited by a contract. These Terms are not intended to restrict those rights in any way.
Changes
We may periodically make changes to these Terms (including any additional IPosVision Air terms and conditions incorporated by reference in this document) by notifying you through any reasonable means (prior to the changes taking effect), including by posting a revised agreement on the relevant IPosVision Air Service. In the case of material changes, such notice will be supplemented by communication via email, an in-service pop-up message, or other means. Such changes will not apply to any dispute between you and us that arose prior to the date on which the revised Terms (or other IposVision Air terms incorporating such changes) were published, or on which you were otherwise notified of such changes. Your continued use of the IposVision Air Service after any changes to these Terms have been introduced will constitute your acceptance of those changes. If you do not wish to continue using the IposVision Air Service under the updated Terms, you may contact us to close your account. The effective date at the top of this document indicates when these Terms were last modified.
Entire Agreement
Except as stated in this section or explicitly agreed upon in writing between you and IPosVision Air, these Terms constitute the entire agreement between you and IPosVision Air and supersede any prior agreements relating to the subject matter of these Terms, whether written or oral. As previously mentioned, other terms and conditions, guidelines, and policies governing the use of the IposVision Air Service are incorporated herein by reference. These include: (a) additional terms and conditions related to specific services offered via the IposVision Air Service, such as the IposVision Air Premium Promotional Offer Terms; the IposVision Air Card Terms; the Audiobook Purchase Terms; the IposVision Air Support Community Terms; and (b) the guidelines and policies: the IposVision Air Privacy Policy; the IposVision Air User Guidelines; the IposVision Air Platform Rules; and the IposVision Air Intellectual Property Policy.
Severability and Waiver
Unless otherwise specified in these Terms, if any provision of these Terms is deemed invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision will be enforced to the extent permitted by law.
Any failure by IPosVision Air or a third-party beneficiary to enforce these Terms or any of their provisions shall not waive their right to do so.
Assignment
IPosVision Air may assign these Terms, in whole or in part, and may assign or delegate its rights or obligations under these Terms, in whole or in part. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.