Termini e condizione del servizio
Terms and Conditions of Service
Effective as of 2019-10-01
Welcome to Vespuci Srl! Thank you for choosing to use our services. Please read this Agreement carefully. It includes important information about your rights and covers areas warranty disclaimers, limitations of liability, resolution of disputes and a waiver of class action.
1. LEGAL AGREEMENT -
2. DEFINITIONS -
The following terms shall have the following meaning: “Application”: mobile or desktop application created by the User through Vespuci Srl and made available to the public for download from a third-party platform or accessible from a web browser “Author”: any person drafting or publishing on the Internet, more specifically on the Application. “Blog”: Internet Web site enabling the publishing of content and the drafting of commentaries by the readers with an Internet diffusion. “Access codes”: username and password used by the User together or separately to identify oneself and access the Services. The access codes are part of the User Account. “End User”: Any person or entity who actually uses our Service(s). “Order”: online subscription of our Service(s). “User Content”: any content uploaded by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials. “Guest”: any person being invited by a User of the Service to provide or drop comments or publish as an Author, under the Client’s responsibility. “User”: any person or entity having an account allowing access to our Services. “Customer”: any person or entity having an account allowing access to our Services and paying a subscription to access our Services.
3. PURPOSE AND SCOPE -
Vespuci Srl provides an online service composed of tools enabling the User to create its own Application(s) whether from an existing blog, website or from scratch and publish it through any relevant online store or making it accessible from a web browser. The Application allows for content publishing and in some cases eCommerce transactions to take place. The use of the Service is submitted to the present Terms which equally apply to any Users, End Users, Authors and/or Guests. Vespuci Srl may modify or update these general terms and conditions. The Client, the User must regularly check the page "Terms of Services" where the latest applicable version is published. Vespuci Srl does not warrant the lifespan or the optimization of the Service for a said Internet browser nor for an operating system. Vespuci Srl doesn’t warrant the compatibility between an Application when such operating system and/or browser is upgraded. The use of the Service requires the Client/User/End User/Author/Guest to subscribe to an internet connection with proper hardware whose costs are independent from the Vespuci Srl Service. Besides, in order to build an Application with Vespuci Srl, the Client may have to open at his own expense an account in an online Application store and subscribe to the developer account. As part of the use of the Service, Vespuci Srl may send the User a certain amount of information (newsletters, administrative mail, etc.). This information is part of the subscription to the Service, a User cannot refuse it.
4. SUBSCRIPTION TO OUR SERVICE – REGISTRATION AND ACCOUNT -
5. USER CONTENT AND RELATED USER’S OBLIGATIONS -
6. VESPUCI SRL BEST PRACTICES AND MOBILE APPLICATION MANDATORY GUIDELINES -
We do our best to make Vespuci Srl a great place to create beautiful and useful apps. We need your help to keep Vespuci Srl being a reputable and trusted service that provides value to all end users, partners and app stores. We therefore request that the following guidelines and covenants be respected at all times: You shall not create unauthorized commercial app (such as spam) with Vespuci Srl; You shall not create any app with content that may defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not use content using confidential information; You shall not create any app with Vespuci Srl to display violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, videos or other content; You shall not create an app containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions; You shall not use Vespuci Srl to do anything unlawful, misleading, malicious, or discriminatory and you shall not use our service for any illegal or unauthorized purpose; You agree to comply with all laws, rules and regulations (federal, state, local and provincial or applicable regulations); You shall create an app that is useful and distinctive for the end user and you shall therefore refrain from building an app that is simply a mere copy of someone else's work; You will not use Vespuci Srl to flood mobile stores or the web with low quality apps, clones of a poor concept that do not bring any value to an audience.
7. INTELLECTUAL PROPERTY -
7.1 USER’s intellectual property: User shall own all intellectual property pertaining to its Content, including but not limited to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant Vespuci Srl a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use your User Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified in these Terms. 7.2 VESPUCI SRL’s Intellectual Property: All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work including Users feedback reviews and comments, source and object code, computer code, applications, audio, music, video and other media, designs, animations, interfaces, the trade dress of our Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Vespuci Srl. Subject to your full compliance with these Terms and timely payment of all applicable Fees for our Services, we hereby grant you, upon creating your User Account and for as long as we wish to provide you with the Services, a non-exclusive, non-transferable, fully revocable, limited license to use our Services and related Intellectual Property, for the purpose of generating and displaying your User Application to end users, solely as expressly permitted under these Terms, and solely within the scope of our Services. For the avoidance of doubts, these Terms do not convey any right or interest in or to Vespuci Srl’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of our Intellectual Property rights under any law or jurisdiction.
9. FORCE MAJEURE -
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an Event of Force Majeure. For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of good utility practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof. In particular and without any limitation, Vespuci Srl cannot be held liable if the performance of our obligation is obstructed, limited or impeded due to fire, explosion, network communication breakdown, collapse of hosting facilities, epidemic, earthquake, flood, electricity shortage, war, embargo, statute, order, demand from any government, strike, boycott, loss of telephone operator’s or hosting provider’s licence or any other circumstance without reasonable Vespuci Srl’s control
10. FEES AND PAYMENT TERMS -
After your Free Trial, you can access the Vespuci Srl Services by submitting a fee payment (“Paid Services”, “Subscriptions Fees” or “Fee(s)”). 10.1 Applicable Subscription Fees and Taxes. Vespuci Srl applicable Subscription Fees for our Services are available online at: www.Vespuci Srl.com. Note that all our Fees are exclusive of applicable federal, state, local or other taxes. You are responsible for all said applicable taxes, and we will charge them in addition to our Fees for the Services when required to do so. 10.2 First Fee due and Payment. The first Fee due and payment takes place on the first day after the 30-day free trial period. 10.3 Payment method. The User may pay by credit card or PayPal. 10.4 Automatic Subscription Renewals. To ensure uninterrupted service, Vespuci Srl may automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period may then be equal in time to the renewal period of your current subscription. We will charge you the applicable amount using the payment method you have on file with us. Vespuci Srl may disable auto-renewal at any time 10.5 Change in Subscription Fees. We may change our Fees at any time. When applicable, we will give you advance notice of these Fee changes via the Services. New Fees will not apply retroactively. If you do not agree with the Fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date. 10.6 Refunds. While you may cancel any Paid Services at any time, you will not be issued a refund except in our sole discretion, or if legally required. 10.7 Service Start. The Service subscribed by the User starts as soon as the first payment is received. Unless Vespuci Srl specifies differently, the payment is made on a monthly, or annually period (depending on the choice made by the User) and no refund will be made. 10.8 Banking Details update. To avoid any disruption of our Service, the User shall maintain its credit card and Paypal details updated. A menu is dedicated to it in the managing interface of the User Account. 10.9 Late Payment. For any late payment, Vespuci Srl may charge interests until the day of full payment, based on 3 times the ongoing legal rate. 10.10 Payment Processor: We use a third party payment processor to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of said payment processor, in addition to this Agreement. We do not control and are not liable for the security or performance of the payment processor. You agree to pay us, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received. 10.11 Billing contact: Any question about billing or the nature of the Service must be made in writing at the following address: firstname.lastname@example.org.
11. TERM OF THE SUBSCRIPTION -
Our Service is made available to you on an annual or month-to-month basis with automatic renewal, at your option at the time of subscription. Vespuci Srl may or may not warn User by E-mail before the end of said subscription of our Service.
12. COMPLIANCE WITH LAWS -
13. TERMINATION, LIMITATION AND SERVICE SUSPENSION -
You may discontinue to use and request to cancel your User Account and/or any Vespuci Srl Services at any time, in accordance with the instructions available on our Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period, end of the month for month to month contracts or end of the year term for annual contracts. With respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period. Failure to comply with any of our Terms and/or to pay any due Fee shall entitle Vespuci Srl to immediately suspend (until full payment is made) or immediately cancel your User Account and User Application (or certain features thereof), as well as the provision of any related Services (e.g., Paid Services) to you. Vespuci Srl reserves the right to refuse, limit or terminate access to the service to anyone should Vespuci Srl, in its sole discretion, consider that said client or user violates any provision of these Terms and Conditions or more specifically any of the above covenants. Additionally, Vespuci Srl may, but has no obligation to, remove, edit, block, and/or monitor content, or accounts containing content that Vespuci Srl determines in its sole discretion violates these Terms and Conditions. Supplemental terms specific to the suspension, restrictions or cancelation of eCommerce solutions provided by Vespuci Srl are herein provided in Section 5.28. Without limiting our liability limitation provisions below, you waive any claims you may have against Vespuci Srl or Vespuci Srl affiliates in the event we deny you use of the Vespuci Srl service where, among other things, you have breached any provision of these terms and conditions of service or otherwise failed to fulfill any of your obligations to Vespuci Srl.
14. DISCLAIMER OF WARRANTIES -
VESPUCI SRL PROVIDES THE SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND “AS AVAILABLE” BASIS. YOU THEREFORE AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VESPUCI SRL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW; THIS DISCLAIMER OF WARRANTIES SHALL INCLUDE AND COVER, BUT SHALL NOT BE LIMITED TO, ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE OR THE LIKE. VESPUCI SRL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SERVICE OR THE CONTENT OF ANY SITES OR SERVICES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE. VESPUCI SRL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VESPUCI SRL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Under certain circumstances, some jurisdictions may not permit the scope of the above disclaimers. Nevertheless, those disclaimers shall apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law. Additional Disclaimers regarding eCommerce activities conducted via Vespuci Srl solutions and service. Vespuci Srl has not reviewed, and will not be able to review, all of the goods, items or services offered or sold through sites or mobile applications stores using the Vespuci Srl service. We will therefore have limited or no control over those stores and shall not be responsible for their contents. Vespuci Srl will not be responsible for any use or effects from the sale or purchase of said items or services through a site or mobile application using the Vespuci Srl Service. Among other things, we absolutely disclaim the following: - Vespuci Srl does not endorse any items for sale or represent that their description, marketing or labeling is accurate, useful, non-harmful or risk free. - If you sell items through a site or store using the Vespuci Srl Service, you are solely and entirely responsible for those items, and for any harm resulting from those items or your conduct. - Vespuci Srl disclaims any and all responsibility for any harm, damages or injury resulting from anyone’s use or purchase of any items through the Vespuci Srl Service. - We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between buyers and sellers. - We are not involved in transactions that take place on stores or sites using the Vespuci Srl Service, including any subscriptions, store operations, sales, refunds, or returns. We disclaim any responsibility for the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased. - We do not represent that items for sale are the intellectual or rightful property of the seller. We disclaim responsibility for any technical or legal inaccuracies, typographical mistakes, or other errors describing items listed on sites or stores using the Vespuci Srl Service; or violations or infringements of the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties. All of our Users also hereby represent and warrant to Vespuci Srl that they will at all times specifically reference the above disclaimers in their terms and conditions of Sale and more generally indemnify Vespuci Srl from any liability whatsoever regarding their eCommerce operations
15. LIMITATION OF LIABILITY -
IN NO EVENT SHALL VESPUCI SRL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF INCOME OR PROFITS, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VESPUCI SRL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VESPUCI SRL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Vespuci Srl from its facilities in France. Vespuci Srl makes no representations that the Service is appropriate for any mobile application store or marketplace, or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. LIMITATION ON DAMAGES -
To the maximum extent permitted by law, User agrees to limit Vespuci Srl’s liability for the User’s damages to the sum of $1000.00 or the amount that the User has paid to Vespuci Srl during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
17. INDEMNIFICATION -
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Vespuci Srl, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
18. TIME LIMITATION ON CLAIMS -
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH VESPUCI SRL MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
19. MISCELLANEOUS -