Terms and conditions

This is a contract between you and the entity you represent (hereinafter "You" or "Your") and Marketing Studio Srl Unipersonale (hereinafter Marketing Studio) that governs the use of the suite Framework360, marketing software for businesses and professionals.

Parts of this Agreement

This Contract è composed of the following terms and conditions (hereinafter "General Terms") and any specific terms and conditions for the use of individual Services, if present (hereinafter "Service Specific Terms"). The General Terms and the Service Specific Terms are collectively defined as "Terms". In case of conflict between the General Terms and the Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of Terms

To accept the Terms, you must be of legal age to enter into a binding contract. If you do not accept the General Terms, do not use our Services.

Service Description

You can use the Services for personal and business use or for internal business purposes within the organization you represent. You can connect to the Services using any internet browser supported by the Services. You are responsible for obtaining internet access and the necessary equipment to use the Services. You can create and modify content with your user account, and if you choose to do so, you can publish and share such content.

Subscription to the Beta service

Some Services may be offered as closed or open beta services ("Beta Service" or "Beta Services") for the purpose of conducting tests and evaluations. You agree that the authority and discretion to determine the duration of the testing and evaluation of Beta Services rests solely with us. We will be the sole authority to judge the success of such tests and to make the decision, if necessary, to offer Beta Services as commercial services. You will have no obligation to purchase a subscription to use paid services following your subscription to any Beta service. We reserve the right to suspend, in whole or in part, at any time and from time to time, temporarily or permanently, any Beta Service with or without notice. You agree that Marketing Studio shall not be liable to you or any third party for any damages related to, arising from, or caused by the modification, suspension, or termination of Beta Services for any reason.

Modification of the terms of service

We may modify the Terms with notice at any time by sending you a notification through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, you will receive at least 30 days' notice via email to your primary email address. You can terminate your use of the Services by notifying Marketing Studio via email within 30 days of the notification of the availability of the modified Terms if the Terms are changed in such a way that it significantly affects your rights regarding the use of the Services. In the event of such termination, you will be entitled to a proportional refund of any fees already paid for the unused portion. If you continue to use the Service after the effective date of any modification to the Terms, the modified terms will be considered accepted.

User registration obligations

To access or use the Services, it is necessary to register a user account (also called “environment”) by providing all necessary information. If you represent an organization and wish to use the Services for internal business purposes, we recommend, and suggest to all other users in your organization, to register user accounts providing business contact information. In particular, we recommend using your business email address. You agree to: a) provide true, accurate, current, and complete information about yourself as required by the registration process; and b) maintain and promptly update the information provided during registration to keep it truthful, accurate, current, and complete. If you provide any false, inaccurate, outdated, or incomplete information, or if Marketing Studio has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Marketing Studio may close the user account and refuse to grant current or future use of one or all of the Services.

Accounts and organization administrators

When you register with an account for your organization, you can specify one or more administrators. Administrators have the right to configure the Services according to your needs and manage end users within the organization's account. If the organization's account is created and configured on your behalf by a third party, it is likely that such third party has assumed the role of administrator for your organization. Make sure to enter into an appropriate agreement with such third party, specifying the roles and restrictions of the party as administrator of the organization's account. You are responsible for: i) ensuring the confidentiality of the organization's account password, ii) appointing competent individuals as administrators for managing the organization's account, and iii) ensuring that all activities occurring in relation to the organization's account comply with this Agreement. You acknowledge that Marketing Studio is not responsible for administering the account and internal management of the Services on your behalf. You are responsible for taking necessary measures to ensure that your organization does not lose control of administrator accounts. You can specify a process to follow to regain control in case of loss of control of administrator accounts by sending an email to assistenza@marketingstudio.it, provided that the process is acceptable to Marketing Studio. In the absence of a specified administrator account recovery process, Marketing Studio may grant control of an administrator account to an individual who provides Marketing Studio with satisfactory evidence proving authorization to act on behalf of the organization. You agree not to hold Marketing Studio liable for any consequences of actions taken in this regard by Marketing Studio in good faith.

Personal information and privacy

The personal information provided to Marketing Studio through the Service is governed by the privacy policy of Framework360. Your choice to use the Service indicates acceptance of the terms of the privacy policy of Framework360. You are responsible for maintaining the confidentiality of your name, password, and other sensitive information. You are responsible for all activities that occur under your user account and agree to notify us immediately of any unauthorized use of your user account via email at assistenza@marketingstudio.it or by calling one of the numbers listed at https://www.marketingstudio.it/contatti. We are not responsible for any losses or damages to you or third parties arising from unauthorized access and/or use of your user account, or otherwise.

Communications from Marketing Studio

The Service may include certain communications from Marketing Studio, such as service announcements, administrative messages, and newsletters. You are aware that such communications will be considered an integral part of the use of the Services. As part of our policy to ensure you total privacy, we also offer you the possibility to refuse to receive newsletters from us. However, it will not be possible to explicitly refuse to receive service announcements and administrative messages.

Complaints

If we receive a complaint from someone against you regarding your activities in relation to the use of the Services, we will forward the complaint to the primary email address of your user account. You are required to respond directly to the complainant within 10 days of receiving the complaint forwarded by us and copy Marketing Studio in the communication. If you do not respond to the complaint within 10 days from the date of our email, we may disclose your name and contact information to the complainant to allow them to take legal action against you. You acknowledge that failing to respond within 10 days to the forwarded complaint will be interpreted as consent to disclose your name and contact information to the complainant by Marketing Studio.

Quotes and payments

The Services are available with subscription plans of varying duration. If automatic renewal is selected, your subscription will be automatically renewed at the end of each subscription period, unless you decide not to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the last payment method used. You have the option to modify the details if you wish for the payment for renewal to be made using a different payment method. From time to time, we may change the price of any Service. Any increase in charges will not take effect until the end of the current billing cycle. You will not be charged any cost for using any Service unless you have opted for a paid subscription plan.

Limitations for use

In addition to all other terms and conditions of this Agreement, you shall not (i) transfer the Services or make them available to third parties; (ii) provide any service based on the Services without prior written authorization; (iii) use third-party links to websites without accepting the respective terms and conditions of the website; (iv) post links to third-party sites or use their logo, company name, etc. without prior written authorization; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any way that may damage, disable, overload, compromise, or harm any server, network, computer system, Marketing Studio resource; (vii) violate any applicable local, state, national, or international law; and (viii) create a false identity to deceive any person regarding the identity or origin of any communication.

Spam and illegal activities

You agree to be solely responsible for the content of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of illegal, defamatory, harassing, libelous, invasive of others' privacy, offensive, threatening, harmful, vulgar, pornographic, obscene material or that is questionable, offends religious feelings, promotes racism, contains viruses or harmful codes or violates or may violate intellectual property or other rights of others. You agree not to use the Services for the transmission of "junk mail," "spam," "chains," "phishing" or unsolicited mass e-mailing. We reserve the right to terminate access to the Services if there are reasonable grounds to believe that you have used the Services for illegal or unauthorized activities.

Criteria for inactive user accounts

We reserve the right to terminate unpaid inactive user accounts after a period of 120 days. In the event of such termination, all data associated with that user account will be deleted. We will provide you with notice of such termination and the opportunity to back up your data. The data deletion policy may be implemented in relation to one or all Services. Each Service will be considered an independent and separate service for calculating the inactivity period. In other words, activity in one of the Services is not sufficient to keep the user account active in another Service. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data ownership

We respect your right to ownership of the content you create or store. You own the content you create or archive. Unless expressly permitted, your use of the Services does not grant Marketing Studio the license to use, reproduce, adapt, modify, publish, or distribute the content you created or stored in your user account for commercial purposes, marketing of Framework360, or similar. However, you grant Marketing Studio permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the account content only to the extent necessary to provide you with the Services.

User-generated content

You may transmit or publish the content created using the Services or otherwise. However, you will be solely responsible for such content and the consequences of its transmission or publication. All publicly available content will be accessible to the public via the Internet and may be indexed and subjected to search engine indexing. You are required to ensure that you do not inadvertently make private content publicly available. All content you receive from other users of the Services is provided AS IS exclusively for personal use and information, and you agree not to use, copy, reproduce, distribute, transmit, disseminate, display, sell, license, or exploit such content in any way for any purpose without the explicit written consent of the person who holds the rights to such content. In the course of using any of the Services, if you encounter content with copyright notices or any copyright protection feature, you agree not to remove such copyright notices or disable such copyright protection features, as applicable. By making any copyrighted/protected content available on any of the Services, you represent that you have consent, authorization, or permission, as may be applicable from anyone who might claim rights to that content to make such content available in that manner. Additionally, by making content available in the aforementioned manner, you expressly accept the right of Marketing Studio to block access or remove such content made available by you if Marketing Studio receives complaints regarding illegal uses or violations of third-party rights concerning such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to the determination of issues concerning illegal uses or violations of third-party rights regarding such content by a designated representative of Marketing Studio for this purpose. For procedures related to complaints about illegal uses or violations of third-party rights on transmitted or published content using the Services, click here. If you wish to contest the blocking or removal of content by Marketing Studio, you can do so in the manner indicated here.

Sample files and applications

Framework360 can show sample files and applications in order to demonstrate the ability to use the Services effectively for specific purposes. The information contained in these sample files and applications consists of random data. Marketing Studio does not provide any warranty, express or implied, regarding the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.

Brand

Framework360, the logo Framework360, the names of individual Services and their respective logos are trademarks of Marketing Studio. You agree not to display or use, in any way, the proprietary trademarks of Marketing Studio without prior authorization from Marketing Studio.

Exclusion of warranties

You expressly understand and agree that the use of the services is at your own risk. The services are provided as is and based on availability. Marketing Studio expressly excludes all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Marketing Studio does not warrant that the services will be uninterrupted, timely, secure, or error-free. Your use of material downloaded or obtained through the use of the services will be at your discretion and risk, and you will be solely responsible for any damage to your computer, mobile phone, wireless device, or data resulting from such use of the services or from the download of such material. No advice or information, whether written or oral, obtained from Marketing Studio, its employees, or representatives shall create a warranty not expressly stated in these terms.

Limitation of liability

You agree that Marketing Studio shall not, under any circumstances, be liable for any consequential, incidental, indirect, special, punitive damages or other losses or damages for loss of business profits, business interruptions, computer failures, loss of business information or other losses arising from or caused by the use or inability to use the service, even if Marketing Studio has been advised of the possibility of such damages. In no event shall Marketing Studio's total liability to you for any service, direct or indirect, exceed the fees paid by you for such service.

Compensation

You agree to indemnify and hold harmless Marketing Studio, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines, and expenses (including legal fees and costs) arising from or related to any claim for which you used the Services in violation of another party's rights, in violation of any law, in violation of any provision of the Terms, or any other request related to your use of the Services, except where such use is authorized by Marketing Studio.

Arbitration

Any disputes or claims arising from or relating to the Terms will be resolved by binding arbitration in accordance with the rules of commercial arbitration. Any dispute or claim of this kind shall be arbitrated on an individual basis and shall not be consolidated into any arbitration with any claim or dispute of any other party. The decision of the arbitrator shall be final and non-reviewable. The arbitration shall be conducted in Italy and judgment on the arbitral award may be entered in any court having competent jurisdiction. Notwithstanding any other contrary provision, Marketing Studio may at any time seek injunctive relief or other forms of equitable remedy from any court of competent jurisdiction.

Suspension and closure

We reserve the right to suspend your user account or temporarily disable access to all or part of the Services in the event of suspected illegal activities, long periods of inactivity, or requests from law enforcement or other government agencies. Objections to the suspension or deactivation of user accounts must be submitted to assistenza@marketingstudio.it within thirty days of notification of the suspension. We may close a suspended or disabled account after thirty days. We can also close your user account at your request. Additionally, we reserve the right to close your user account and deny the Services on reasonable belief that you have violated the Terms and to terminate access to any Beta Service in the event of unforeseen technical issues or interruption of the Beta Service. You have the right to close the user account if Framework360 violates its obligations under these Terms and, in such case, you will be entitled to request a proportional refund of any fees already paid. Closing the user account includes denying access to all Services, deleting information in the user account, such as email address and password, and deleting all data in the account.

Contacts

If you have any questions or doubts regarding this Contract, please contact us at the address info@marketingstudio.it.