Terms and Conditions of vantevo.io
These Terms govern
- your use of this Website and
- any other Agreement or legal relationship with the Data Controller in a binding manner.
Please read this document carefully. The person responsible for this Website is: Netforce Srl Data Controller’s email address: email@example.com
"This Website" refers to
- this website, including its subdomains and any other website through which the Data Controller offers the Service;
- mobile, tablet or similar applications;
- The application program interfaces (API);
- the Service;
- any software included as part of the Service, as well as any application, model files, content files, scripts, source code, instruction sets and related documentation;
Our Data Processing Agreement (DPA) under the European General Data Protection Regulation (GDPR) forms part of these terms and conditions.
CONDITIONS OF USE
- There are no restrictions on Users as to whether they are Consumers or Professional Users;
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner. You cannot use the Service without opening a User account. It is the Users responsibility to keep their access credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website. By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials. Users are required to inform the Data Controller immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or misappropriated.
Requirements for registration
The registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.
- Account opening by bot or other automated means is not allowed.
- Unless otherwise specified, each User may create only one account.
You may close your account and stop using the Service under the terms and procedures specified in the respective section of this Website.
If the User interrupts the service before the end of the current payment period, the cancellation will take effect at the end of the current billing cycle. All your statistics will be inaccessible after the expiration of your subscription. Within 60 days of the subscription expiration, all statistics will be permanently deleted from backups and you will not be able to recover this information once it is permanently deleted.
The User can choose to delete their account and all the statistics at any time. All your stats will be permanently deleted within 72 hours of your account deletion request.
Suspension and cancellation of accounts
The Data Controller reserves the right to suspend or cancel a User’s account at any time and without notice in the following cases:
- You violated these Terms;
- The access to this Website by the User may cause prejudice to the Data Controller, other Users or third parties;
- Your use of this Website may result in violation of laws or regulations;
- in case of judicial investigations or governmental procedures;
- if the User account or the use made of it is considered inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation or refund. The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may apply.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this website is the property of the Data Controller or its licensors. The Data Controller takes the utmost care to ensure that the content available on this website does not violate the applicable legislation or third party rights. However, it is not always possible to achieve this. In such cases, without prejudice to the legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.
Rights to the contents of this website
The Data Controller expressly holds and reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the content in any way that is not necessary or implied in the proper use of the Service. In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transform, transfer/sell to third parties or create derivative works from the content available on this website, to allow third parties to undertake such activities through their User account or device, even without their knowledge. Where expressly stated on this website, the User is entitled to download, copy and/or share certain contents available on this website exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work and the indication of any other relevant circumstances required by the Data Controller. The limitations and exclusions provided by copyright law remain unaffected.
Content provided by the Users
The Data Controller allows Users to upload, share or offer their content on this website. By providing content to this website, you are legally entitled to do so and confirm that such content does not violate the laws and/or rights of third parties. The additional requirements that the contents must meet to be considered "acceptable" are specified in the section on permitted use.
Rights to content provided by Users
The User acknowledges and accepts that by providing its own content to this Website, he grants the Owner, free of charge, the non-exclusive right to process the contents for the purposes of operation and maintenance of this Website, as contractually provided. Within the limits of the law, the User waives the exercise of moral rights in relation to the content provided to this Website. Users acknowledge and agree that the content offered by them through this Website will be made available under the same conditions as the content of this Website.
Responsibility for the content provided
The User is exclusively responsible for the content uploaded, published, shared or otherwise provided to this Website. The User acknowledges and accepts that the Owner does not filter or moderate such content. Nevertheless, the Data Controller reserves the right to remove, delete, block or rectify such content at its discretion and to deny access to this Website to the User who uploaded it without notice:
- whether it has received a complaint in relation to that content;
- has received a notice of infringement of intellectual property rights;
- by order of the Authority;
- if the Data Controller has been informed that such content, if accessible through this Website, may represent a risk for Users, for third parties or for the availability of the Service.
The removal, cancellation, blocking or rectification of the content does not justify any claim for compensation, reimbursement or indemnification from Users who have provided such content. Users agree to hold the Data Controller harmless from and against any claim and/or damage suffered as a result of content provided to or offered through this Website.
Access to external resources
Through this website, Users may have access to resources provided by third parties. Users acknowledge and agree that the Data Controller has no control over such resources and therefore is not responsible for their content and availability. The conditions applicable to resources provided by third parties, including those applicable to any grant of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.
This website and the Service may only be used for the purposes for which they are offered, under these Terms and in accordance with applicable law. It is the User’s sole responsibility to ensure that the use of this website and/or the Service does not violate the law, regulations or rights of third parties. Therefore, the Data Controller reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this website or Service, terminate contracts, denounce any censorable activity carried out through this website or Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User establishes or suspects that:
- violations of law, regulations and/or terms;
- infringement of rights of third parties;
- acts that can considerably affect the legitimate interests of the Data Controller;
- insults to the Data Controller or a third party.
Users may access their data relating to this website through the Application Program Interface (API). Any use of the API, including through third party products or services that access this website, is subject to the terms and in addition to the following specific conditions:
- The User expressly acknowledges and accepts that the Data Controller is not liable for damages or losses resulting from the use by the User of the API or third party products or services that access data through the API.
TERMS AND CONDITIONS OF SALE
Access to the trial period offered by Vantevo has a specific duration that is communicated during the registration. No credit card or other payment method information will be required for such access. After the trial period, you will need to pay in advance to continue using the service. If you do not subscribe, your account will be suspended and will be inaccessible until you pay. After 60 (sixty) days of suspension, the account will be queued for automatic cancellation. When you upgrade from a free trial to a paid plan, an immediate charge will be made and the billing cycle will begin on the day of the upgrade. The number of page views purchased in the paid plan must be used during the applicable period of validity and all unused page views at the end of the validity period are lost and will not be refundable in any way.
The maximum number of websites that can be registered on a single account is 50. Vantevo recommends but does not impose verification of the ownership of the registered domain under the user's profile. It may occur that a user claims ownership of an unverified domain. In such a case, Vantevo shall initiate a procedure to verify the claimant's actual ownership. If the domain turns out not to be owned by the user who entered it in his account, the website will be removed from the profile and all related statistics will be permanently deleted from the Vantevo platform. Vantevo will grant the user a notice period of 24 hours, within which he will be able to perform a complete download of his data.
If the number of views exceeds the limit of the subscription plan, you will not be charged, however, the following limitations may be applied. The user can exceed the limit of the subscription plan up to the limits below detailed after which the system will stop recording the views until the renewal of the billing period or until the user decides to upgrade its plan. If the number of page views exceeds the paid plan selected for two consecutive months, the user may decide to continue by upgrading to a higher plan or cancel its account.
For each subscription plan, regardless of the monthly or annual frequency, limits are set for exceeding the registered views in addition to those provided for by the subscription plan subscribed. These limits are set out below:
- Plan from 10,000 views/month tolerance 100%
- Plan from 50,000 views/month tolerance 50%
- Plan from 100,000 views/month tolerance 40%
- Plan from 250,000 views/month tolerance 25%
- Plan from 500,000 views/month tolerance 15%
- Plan from 1,000,0000 views/month tolerance 10%
- Plan from 2,500,0000 views/month tolerance 5%
For example, if a user subscribes to a 10,000 views/month plan and the number of views exceeds the 10,000 threshold, the system would continue to record up to 20,000 views. Exceeded such limit of 20.000 the system will stop carrying out the recording of the information. At the end of the reference period (billing month) the counter will start counting and the system will resume the recording of information.
You can upgrade your plan at any time within your account settings. The downgrade of the plan may cause the loss of functionality or capacity of your account. For this reason, Vantevo assumes no responsibility. However, dowgrade is only possible during the subscription renewal phase. You cannot downgrade a valid subscription. Our payment process is conducted by our Stripe payment processor. Fees paid pursuant to this document are non-refundable.
Prices, descriptions and availability of the Products are specified in the respective sections of this website and are subject to change without notice. Although the products on this website are presented with the highest technically possible accuracy, representation by any means (including, as appropriate, graphics, images, colors, sounds) just as a reference and does not imply any guarantee regarding the characteristics of the purchased product. The characteristics of the selected product will be specified during the purchase procedure.
Every step, from the choice of the product to the order submission, is part of the purchase process. The purchase process includes the following steps:
- Users are requested to choose the desired product and verify their choice.
- After having checked the visible information in the choice of purchase, the Users can place the order by forwarding it.
During the purchase process and before placing the order, Users will be duly informed of all fees and costs they will need to afford. Prices on this website:
- They are shown net of applicable fees and costs.
Means of payment
Details of accepted means of payment are highlighted during the purchase process. Some means of payment are linked to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this website. All payments are handled independently by third-party services. Therefore, this website does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful. If the payment made by one of the available means fails or is refused by the payment service provider, the Data Controller is not obliged to execute the order. Any costs or fees arising from the failed or declined payment shall be borne by the User.
Provision of services The service purchased will be performed or made available at the times indicated on this website or in the manner communicated before the order is placed.
Probationary periodUsers have the opportunity to try this website or individual products free of charge for a specific, non-renewable trial period. Some features may not be available during the trial period. Additional conditions applicable to the trial period, including its duration, will be notified on this website. The trial period ends automatically and does not turn into any paid product unless you purchase it intentionally.
SubscriptionsBy subscription, the User receives a product continuously or periodically for a certain period of time. Paid subscriptions start on the day the Data Controller receives payment. There are two types of subscription:Monthly subscription for one month.The contract starts on the same day of payment and ends on the same calendar day of the following month. By way of example if a contract is signed on the day 05 May 2022 its term will be the day 05 June 2022. If the user decides to upgrade the subscribed plan, the duration of the contract will not vary, and therefore also the end date. For this upgrade, the user must pay Vantevo an amount automatically calculated as the difference between the active plan and the one selected for the upgrade. As a result of such upgrade, the contract term date will not change but the limit of the viewable pages will be immediately raised.
Annual subscription of 1 year.The contract starts on the same day of payment and ends on the same calendar day of the following year. By way of example if a contract is signed on the day 05 May 2022 its term will be the day 05 May 2023. If the user decides to upgrade the subscribed plan, the duration of the contract will not change, and therefore also the end date. For this upgrade, the user must pay Vantevo an amount automatically calculated as the difference between the active plan and the one selected for the upgrade. As a result of such upgrade, the contract term date will not change but the limit of the viewable pages will be immediately raised.
To keep the subscription active, the User is required to pay the periodic fee requested in a timely manner. Otherwise, the service may be interrupted. Once the subscription term ends, the product will no longer be accessible, unless the User renews the subscription by paying the subscription price. After 60 (sixty) days from the end of the subscription, in case of non-renewal, all the stored data will be automatically removed and no longer recoverable.
Fixed-term subscriptions cannot be cancelled in advance and will expire at the end of the subscription period.
By enabling the automatic renewal option, the system will automatically subscribe to a new subscription at the end of the current subscription. In order to use this feature, you must authorize a recurring payment. If the system is not able to process the payment for the automatic renewal of the service, the subscription will not be considered renewed and the user must promptly take action to ensure the continuity of the service received. The user can at any time stop the automatic renewal feature.
Rights of the User
Right of withdrawal
Unless an exception is made, the User may have the right to terminate the contract within the period specified below (normally 14 days) for any reason and without justification. If the user wishes to exercise the right of withdrawal, Vantevo will have 30 days to evaluate the request. Following the evaluation, Vantevo will inform the user by email of any value to be paid for the services used during the period between the contract signing date and the date of withdrawal request. If you agree to these conditions, Vantevo will pay you a refund within the next 30 days equal to the difference between the value of the contract signed and the above mentioned economic valuation. As a result of the withdrawal, all stored user statistics will be permanently deleted.
Limitation of liability and indemnity European users Leverage The User undertakes to indemnify and hold harmless the Data Controller and its subordinates, affiliates, officials, agents, joint proprietors of the trademark, partners and employees of any claim including, without limitation, legal fees and charges brought by third parties in connection with culpable conduct such as use or connection to the service, violation of these Terms, violation of third-party rights or laws by the User, its affiliates, officers, agents, joint proprietors of the brand, partners and employees, to the extent of law. Limitation of liability for User activities on this website Unless otherwise specified any claim for compensation against the Data Controller (or any natural or legal person acting on its behalf) is excluded. The foregoing does not limit the liability of the Data Controller for death, damage to the person or to physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to reach the cause of the contract, and/or damages caused by intent or gross negligence, provided that the use of this website by the User has been appropriate and correct. Unless the damage was caused intentionally or by gross negligence or affects life and/or personal, physical or mental integrity, the Data Controller shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion. In particular, within the above limits, the Data Controller assumes no responsibility for:
- any loss or loss, even indirect, that the User may have suffered (such as, but not limited to, trade losses, loss of revenue, estimated profits or savings, loss of contractual or commercial relations, loss of goodwill or damage to reputation, etc.);
- damages or losses resulting from interruptions or malfunctions of this website due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the Data Controller’s will and control, such as, without limitation, failure or interruption of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of third party products, services or applications;
- any losses that are not a direct consequence of a violation of terms by the Data Controller;
- Damage, prejudice or loss due to viruses or other malware contained in or connected to files that can be downloaded from Internet or via this website. Users are responsible for taking appropriate security measures - such as antivirus - and firewalls to prevent any infection or attack and to protect backup copies of all data and/or information exchanged or uploaded to this website.
The following limitations apply to all Users who do not act as Consumers: In case of liability of the Data Controller, the compensation due may not exceed the total amount of payments that have been, will or may be contractually due to the Data Controller by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
The Data Controller provides this website "as it is" and according to availability. The use of the service is at the User’s risk. To the maximum permitted by law, the Data Controller expressly excludes the conditions, agreements and guarantees of any kind - whether they are expressed, implicit, state or other, including, e.g. but not exhaustive, any implied warranties of merchantability, for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Data Controller or through the Service will create guarantees not expressly provided for in this document. Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, joint proprietors of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the service will be available, uninterruptedly and securely, at any particular time or place; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at the User’s own risk and User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or your use of the service. The Data Controller does not guarantee, approve, insure or assume responsibility for any products or services advertised or offered by third parties through the service or any website linked through hyperlinks. Furthermore, the Data Controller does not participate in or monitor any transaction between Users and third party suppliers of products or services. The Service may become inaccessible or malfunction with your browser, device, and/or operating system. The Data Controller cannot be held responsible for any damage, whether perceived or actual, resulting from the content, operation or use of the Service. Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may enjoy additional rights that vary from state to state. The limitations and exclusions set forth in this agreement apply to the extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, in no case may the Data Controller and its subordinates, affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees be held responsible for:
- any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, loss of profits, goodwill, use, data or other intangible losses, arising from or relating to use, or the inability to use the Service; and
- any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or User account or the information contained therein;
- any error, lack or inaccuracy in the contents;
- personal injury or material damage, of any nature, arising from your access to or use of the service;
- any unauthorized access to the Data Controller’s security servers and/or any personal information stored therein
- any interruption or termination of transmissions to or from the service;
- any bug, virus, trojan or similar that may be transmitted to or via the service;
- any error or omission in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the service; and/or
- the defamatory, offensive or illegal conduct of any User or any third party. Under no circumstances may the Data Controller and its subordinates, affiliates, officials, agents, joint proprietors of the trademark, partners, suppliers and employees be held responsible for any claim, proceeding, liability, obligation, damage, loss or cost for an amount higher than that paid by the User to the Data Controller during the previous 12 months, or for the duration of this Agreement between the Data Controller and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by the law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, wrongdoing, negligence, objective liability or any other basis, even if the Data Controller had been advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms give you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction. The exemptions, exclusions or limitations of liability provided for in these Terms shall not apply beyond the limits of applicable law.
The User undertakes to defend, indemnify and hold the Owner and its subordinates, affiliates, officers, agents, joint proprietors of the trademark, partners, suppliers and employees of and against any claim, damage, obligation, loss, liability, charge or debt and expense, including, without limitation, legal fees and expenses arising from:
- the User’s use or access to the service, including any data or content transmitted or received by the User;
- the User’s breach of these Terms, including, but not limited to, any User’s breach of representations or warranties under these Terms;
- the User’s infringement of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
- the User’s violation of any applicable law, rule or regulation;
- any content the User submits from its account, including but not limited to misleading information, false or inaccurate and including the case where access is made by third parties with the User’s personal username and password or other security measures, if any;
- the wilful conduct of the User; or
- the violation of any legal provision by the User or its affiliates, officers, agents, joint proprietors of the trademark, partners, suppliers and employees, to the extent permitted by applicable law.
The use of Vantevo is at your own risk. Technical support is provided by email and no response times are defined.
No implied waiverThe Data Controller’s failure to exercise legal rights or claims arising from these Terms does not constitute a waiver of the same. No waiver may be considered final in relation to a specific right or any other right.
Interruption of serviceTo ensure the best possible level of service, the Data Controller reserves the right to interrupt the service for maintenance purposes, system updates or for any other changes, giving appropriate notice to Users. Within the limits of the law, the Data Controller reserves the right to suspend or terminate the service completely. In case of termination of the service, the Data Controller will ensure that Users can extract their personal data and information in accordance with the provisions of law. In addition, the service may not be available for reasons beyond the reasonable control of the Data Controller, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the ServiceUsers are not authorized to reproduce, duplicate, copy, sell, resell or exploit this website or the service in whole or in part without the prior written consent of the Data Controller, expressed directly or through a legitimate resale program.
Vantevo platform integrates Google Search Console APIs. Google Search Console integration provides access to both Search Console data (verified users only) and public information on a URL basis (anyone). This integration, not mandatory for the use of the Vantevo service, is useful to display the number of views and number of impressions related to keywords with which users have entered the website that the user intends to measure. No data from Google Search Console is stored or saved on Vantevo systems, all requests are made in real time when the user displays the information on the Vantevo dashboard. The user has the right to activate the features described above resulting from the integration of Google Search Console, indicating their consent in the appropriate section of the website. The only information that is stored is: permissionLevel and state (the domain/website) of all data that Google releases. It will be saved only domains that have permissionLevel: siteFullUser and siteOwner. The user can at any time disconnect the integration with Google Search Console from the settings page of their domains.
The Vantevo platform integrates the Google Analytics API. The Analytics integration provides access to both Google Analytics data (verified users only) and URL-based public information (anyone). This integration, which is not mandatory for using Vantevo's service, is useful for importing old data that is present in the Google Analytics piataform. No data from Google Analytics is stored or saved on Vantevo's systems, all requests are made in real time when the user views the information on the Vantevo dashboard. The user has the option to enable the above features resulting from Google Analytics integration by indicating their consent in the appropriate section of the website. The only information that is stored for import is: Account ID, Property ID, View ID which will choose the user only if the request for data import is made. The user can at any time disconnect the integration and cancel the data import request with Google Analytics from their domains settings page.
Without prejudice to any more specific provision contained in the terms, intellectual and industrial property rights, such as copyright, trademarks, patents and models relating to this website are exclusively owned by the Owner or its licensors and are protected in accordance with international laws and treaties applicable to intellectual property. All trademarks - word or figurative - and any other distinctive sign, firm, service mark, illustration, image or logo that appear in connection with this website are and remain the exclusive property of the Data Controller or its licensors and are protected under international law and treaties applicable to intellectual property.
Amendments to the Terms
The Data Controller reserves the right to modify the terms at any time. In this case, the Data Controller will inform the Users about the changes. The changes will affect the relationship with the User only for the future. The continued use of the service implies the User’s acceptance of the updated terms. If the User do not wish to accept the changes, he/she must cease using the service. Failure to accept the updated terms may result in the right of each party to withdraw from the agreement. The previous applicable version continues to govern the relationship until the User’s acceptance. This version can be requested from the Data Controller. Any changes to these terms will be notified in writing at least one month before they become effective. If the Consumer does not accept the amended terms, he/she shall have the right to withdraw from the agreement without any prejudice and without any right to compensation within four months of the date on which the amendments to the terms have become effective. If required by applicable law, the Data Controller will specify the date by which the amendments to the terms will take effect. Vantevo reserves the right to modify the price structure for the products offered. Giving at least 30 days notice through an email to the registered address. Vantevo shall not be liable to the User or any third party for any changes, price changes, suspension or interruption of the service.
Transfer of contract
The Controller reserves the right to transfer, assign, dispose of, novate or contract individuals or any rights and obligations under these terms, having regard for the legitimate interests of Users. The provisions relating to the amendment of these terms are applied. The User is not authorized to assign or transfer their rights and obligations under the terms without the written consent of the Data Controller.
All communications relating to the use of this website must be sent to the addresses indicated in this document. Safeguard clause If any of the provisions of these Terms are or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not result in the ineffectiveness of the remaining provisions, which therefore remain valid and effective.
US UserAny invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in conformity with the original purpose. These terms constitute the entire agreement between the User and the Controller with respect to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object. These terms will be implemented to the fullest extent permitted by law.
European UsersIf any provision of these terms should be or become void, invalid or ineffective. The parties will identify in an amicable manner a valid and effective provision in lieu of that null, invalid or ineffective. In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal discipline. Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these terms shall not result in the nullity of the entire agreement, unless the null, void or ineffective provisions of the agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, that is, in cases where the remaining provisions would place an excessive and unacceptable burden on one of the parties.
Binding version of terms
The terms are drafted and revised in ITALIAN. The other language versions of the terms are for information purposes only. In case of a discrepancy between the different language versions, the original shall prevail.
The Terms are governed by the law of the place where the Controller is established, as indicated in the relevant section of this document regardless of the rules of conflict. Exception for European Consumers However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
Place of jurisdiction
The exclusive competence to know any dispute arising out of or in connection with the Terms lies with the court of the place where the Data Controller is established, as indicated in the relevant section of this document. Exception for European Consumers The foregoing is not applied to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland. Consumers of the United Kingdom Consumers based in England and Wales may bring legal action in relation to these terms in the English and Welsh courts. Consumers established in Scotland may bring legal action in relation to these terms before the Scottish or English courts. Consumers established in Northern Ireland may bring an action in relation to these terms before the courts of Northern Ireland or England.
US users Each party expressly waives any right to a trial before a jury, in any court, in relation to any action or dispute. Any claim under these terms must be made individually and no party must participate in a class action or other proceedings with or on behalf of others. US users Post-contract effectiveness This Agreement remains valid until terminated by this website or the User. Upon termination, the provisions of these terms, which by their nature are intended to remain effective even after the termination or expiration of the agreement, including but not limited to:
- the granting of licenses by the User under these terms shall be permanent;
- the User’s indemnity obligation is in place for a period of five years from the end date;
- the exclusions of liability and warranties of and the agreements contained in the section on indemnity and limitations of liability are permanent.
Amicable settlement of disputes
Users can report any disputes to the Data Controller, which will try to resolve amicably. Insofar as the right of Users to bring legal proceedings is not affected, in the event of disputes concerning the use of this website or the service, Users are requested to contact the Data Controller at the addresses indicated in this document. The User can address a complaint to the e-mail address of the Data Controller indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned. The Data Controller will process the request without undue delay and within 14 days of its receipt. Amicable resolution of disputes between Users Users can report to the Data Controller disputes with other Users arising from the use of this website. The Data Controller will mediate the opposing requests in order to reach a consensual solution. Insofar as the right of Users to bring legal action is not affected, in case of disputes between Users arising from the use of this website or the service, Users are requested to contact the Data Controller at the contact details indicated in this document.
Last update 14-07-2022 alle 08:05