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Terms and Conditions

Information pursuant to Legislative Decree of 9 April 2003, no. 70
The domain name www.flazio.com and the Flazio trademark are registered by Flazio S.R.L. single-member company, with registered office in San Giovanni La Punta, Via Gabriele D'Annunzio no. 13, with share capital of € 15,000.00. For any necessary information you may contact Flazio S.R.L. single-member company at the email address info@flazio.com and flazio@pec.it.
Company Register registration number: 337298
The VAT number of Flazio S.R.L. single-member company is 05021040877.
The fees for the services provided by Flazio S.R.L. single-member company are available on the pages of the website www.flazio.com, to which reference is made.

Definitions

Developer: Any natural or legal person who registers to develop websites in accordance with the terms and conditions of this agreement.

User: Any natural or legal person who registers to use the Company’s services in accordance with the terms and conditions of this agreement.

End user: Any natural or legal person who accesses or uses a website created by a Developer.

Customer(s): the Developer, the User or the End User.

Flazio: The IT platform and/or services provided by the Company through which the Developer can create websites.

Websites: The software, content and digital materials created using Flazio.

Web hosting: it is the way to make one or more websites public online; it is a certain amount of hard disk space on an internet server where web pages are stored.

Services: services offered, available and purchasable under the terms set out in these General Terms and Conditions. Any services not mentioned in these General Terms and Conditions may be provided under the terms and conditions set by the Company in a specific agreement. Please note that services may also be provided by third parties and, in such case, the Company shall not be liable for any service disruptions or anything else related to the failure and/or incorrect provision of services by such third parties and any resulting damages.

Additional services: ancillary services provided by the Company at the request of the Developer or the User or the Customer.

Consumer: the natural person acting for purposes unrelated to any business, commercial, craft or professional activity possibly carried out pursuant to art. 3 of Legislative Decree 206/2005.

Professional: the natural or legal person acting in the course of their business, commercial, craft or professional activity, or an intermediary thereof pursuant to art. 3 of Legislative Decree 206/2005.

1. Introduction
Flazio is a publicly accessible site through which Developers and/or Users can create and manage Websites. In order to create, manage or obtain Websites, the Developer must hold and manage a valid Flazio account by accepting this agreement.

2. Acceptance of the Agreement
2.1 The use of Flazio to create and manage Websites is governed by a legal agreement entered into between the Developer and/or User and Flazio S.R.L. single-member company, consisting of Flazio’s Terms of Service and this Agreement. In order for the Developer and/or User to use Flazio to create and manage their Websites, they must accept this Agreement by clicking “Sign up”.

The Developer and/or User may not create and manage Websites using Flazio unless they have previously reviewed and accepted this Agreement.

2.2 The Developer and/or User may not use Flazio or enter into this Agreement if (a) they are not of legal age and, therefore, authorized to enter into a binding contract with Flazio, or (b) they are a person or entity that has been prohibited from using the Flazio software under the laws of Italy, the United States, or other countries, including the country of residence or from which they use the Flazio software.

2.3 The Developer and/or User represents and warrants that they have full power, capacity and authority to enter into this Agreement. If the Developer agrees to be bound by this Agreement on behalf of their employer or another entity, they represent and warrant that they have full legal authority to bind their employer or such entity to this Agreement. If they do not have the required authority, they may not accept the Agreement or use Flazio on behalf of the employer or the entity concerned.

3. Support
The Developer will be solely responsible for providing support and maintenance services related to their Websites and for any claims concerning them. The Developer’s support contact details must be displayed on every page created by the Developer and made available to end users so they can request support. Failure to provide adequate support for the Developer’s Websites may, in some cases, result in removal from Flazio.

4. Use of Flazio by the Developer
4.1 Without prejudice to the license rights granted by the Developer under Section 5 below, Flazio agrees not to obtain from the Developer (or its licensors) any right, title or interest under this Agreement in relation to the Products, including the intellectual property rights inherent in such applications.

4.2 The Developer agrees to use the Flazio service solely for the purposes permitted (a) by this Agreement and the Flazio program rules, as well as (b) by any applicable law or regulation or generally accepted practice or guideline in the relevant jurisdictions (including, for example, any laws relating to the export of data or software to and from the United States or other relevant countries).

4.3 When using the Flazio service to create and manage Websites, the Developer undertakes to protect the privacy and legal rights of end users. If users communicate to the Developer, or the Website accesses or uses, usernames, passwords or other login details or personal data, the Developer is required to inform end users that he or the Website will access such information, as well as to provide end users with protection and a privacy policy compliant with legal requirements. In addition, the Website may use end users’ information only for the limited purposes for which the end user has granted authorization to the Developer. If the Developer stores, including through the Website, personal or sensitive data provided by end users, such storage must take place in compliance with security measures and only for the period of time necessary. If the end user has entered into a separate agreement with the Developer allowing the latter or the Website produced by him to store or use personal or sensitive data directly related to the Website (excluding other products or applications), the Developer’s use of such information will be governed by the terms of that separate agreement. If the end user provides the Developer, including through the Website, details about their Flazio account, the Developer may use such details, including via their own Website, to access the end user’s Flazio account only when and to the extent that the user has granted authorization for that purpose.

4.4 Prohibited activities and liability:
4.4.1 The Developer, the User and/or the End User undertakes not to carry out any activity within the Flazio service, including the development or publication of Websites or other materials, that violates the Flazio program rules or that:
knowingly violates a third party’s terms of service, violates applicable laws or regulations, interferes with, disrupts, damages or accesses without authorization computers, hardware, devices, servers, networks, data or other assets or services owned by third parties, including, by way of example, Flazio users and any network operator, or makes the use of the service unpleasant for the user by publishing repetitive content or misleading information regarding the purpose of an application, violates the intellectual property rights of other users, allows the unauthorized download of media items or streaming content,
displays (through text, images, video or other media) or links to: illegal content, violations of personal privacy or editorial publicity rights, content that interferes with the operation of servers, networks or services of other parties, incitement to hatred or violence, violations of intellectual property rights, including patents, copyright (for this purpose it may be useful to read Google’s Digital Millennium Copyright Act digital copyright law), trademarks, trade secrets or other proprietary rights of any party, materials unsuitable for minors or pornography, obscenity, nudity or sex scenes.

4.4.2 The Developer agrees not to access (or attempt to access) the Flazio service by any means other than the interface provided by Flazio S.R.L. unipersonale, unless specifically authorized under another agreement entered into with the latter.

4.4.3 The Developer may not redirect end users or provide links to other sites that imitate Flazio or pose as Flazio.

To remove any doubt, the Developer may offer Websites as access points to paid services that customers have signed up for and for which they have expressly provided payment details.

4.4.4 The Developer’s Website may not use or include the NPAPI plug-in unless the Developer has prior authorization from Flazio S.R.L. unipersonale for such use.

4.5 The Developer agrees to be solely responsible for all Websites created and managed by them with Flazio and for the consequences of their actions (including any damages or losses suffered by Flazio S.R.L. single-member company or by third parties), and therefore holds Flazio S.r.l. harmless from any liability in any way connected with such actions towards the Developer and third parties.

4.6 The Developer agrees to be solely responsible for any breach of its obligations arising from this Agreement, from contracts in force with third parties or third-party terms of service, from the application of applicable laws or regulations, and also for the consequences of any breach thereof (including any damages or losses suffered by Flazio S.R.L. unipersonale or by third parties), and that Flazio S.R.L. unipersonale shall not be liable in any way to the Developer itself or to third parties for such breaches.

4.7 Product Reviews.
4.7.1. Flazio will allow end users to express their own opinion regarding the Websites. Flazio S.R.L. single-member company may use or publish performance data, for example data relating to the view rate, to identify or remove Websites that do not meet the acceptable standards set by Flazio S.R.L. single-member company reserves the right to display the Websites to users in ways determined at its sole discretion.

4.7.2. The Websites produced by the Developer may be subject to reviews that the Developer may not share.

The Developer may contact Flazio if they have questions or concerns about the evaluation method.

4.8 Product Marketing.
The Developer will be responsible for its Websites, for providing end users with the necessary information about the Website, as well as for clearly communicating the security permissions required for the Websites to operate on end users’ computers, hardware, or other devices.

5. Licenses
5.1 The Developer grants Flazio S.R.L. sole shareholder company and its affiliates a free, non-exclusive, worldwide license to host, link to, copy, translate, publicly perform and display, test, distribute and otherwise use the Websites and the content contained in, available from or transmitted through the Websites.

5.2 The Developer grants the end user a non-exclusive, worldwide and perpetual license to run, display and use the Websites and the content contained in, available from or transmitted through the Websites hosted by Flazio. The Developer may choose whether to include in its Website a different end-user license agreement (EULA) that will govern the user's rights with respect to the product license.

5.3 Flazio S.R.L. single-member company may use consultants and other appointees in relation to the performance of the obligations and the exercise of the rights set out in this Agreement, provided that such consultants and appointees are bound by the same obligations to which Flazio S.r.l. is subject.

5.4 The Developer represents and warrants that it owns, and will maintain, all rights necessary to grant the licenses relating to the Websites and the content therein, made available or transmitted through the Websites to Flazio, its affiliates and the Websites’ end users.

5.5 Subject to the license rights granted under this Agreement, (a) the Developer retains all rights relating to the Websites and (b) each party retains all rights held independently of this Agreement, including rights held under the U.S. Copyright Act or similar laws of other jurisdictions. Flazio S.R.L. unipersonale acknowledges and agrees that, under this Agreement, it does not obtain from the Developer (or its licensors) any right, title or interest in the content submitted, posted, transmitted or displayed on or through the Websites, including any intellectual property rights inherent in such content (whether or not such rights are registered and wherever in the world they may exist). Unless otherwise agreed in writing with Flazio S.R.L. unipersonale, the Developer agrees to be responsible for protecting and enforcing such rights and that Flazio has no obligation to do so on the User’s behalf.

6. Brand identifiers and advertorial content.
6.1 “Brand identifiers” means the trade names, trademarks, service marks, logos, domain names and other brand identifiers of each party, owned by (or licensed from) such party as applicable.

6.2 Each party retains all right, title and interest, including, without limitation, all intellectual property rights, relating to the distinctive elements of its own brand. Except as expressly provided in this Agreement, neither party grants, nor does the other party acquire, any right, title or interest (including, without limitation, any implied licenses) with respect to the other party’s brand distinctive elements. Subject to the terms and conditions of this Agreement, the Developer grants Flazio S.R.L. unipersonale and its affiliates a limited, non-exclusive license for the term of this Agreement to display the Developer’s brand distinctive elements in order to use them in connection with the Flazio service and to perform its obligations arising under this Agreement. Nothing in this Agreement grants the Developer the right to use the trade names, trademarks, service marks, logos, domain names or other brand distinctive elements of Flazio S.R.L. unipersonale.

6.3 Editorial advertising.
Flazio S.R.L. unipersonale and its affiliates may include the Developer’s Brand Features, screenshots, videos and demos of the websites produced by the Developer and the content contained in, available from or transmitted through such Websites in presentations, marketing materials and events, Developer events, financial reports, lists of websites (including links to the Developer’s website), press releases and customer lists (including, without limitation, customer lists published on Flazio websites) in order to market the Flazio Gallery, Flazio products and services or promote the Developer’s Website. Flazio grants the Developer a limited, non-exclusive, worldwide, royalty-free license to use Flazio Brand Features for the term of this Agreement solely for advertising purposes and only in accordance with the Flazio brand guidelines.

7. Removal, control and updates of the Products.
7.1 Removal by the Developer.
The Developer may remove its Websites from Flazio so that they cannot be managed and operated in the future through Flazio at any time, but must comply with the terms of this Agreement in relation to each Website managed through Flazio.

Removing the Developer’s Websites from Flazio so that they are no longer distributed through Flazio does not (a) terminate or change the license rights granted to end users who previously used the Websites, nor (b) remove the Websites from end users’ computers, hardware, or other devices, or from any section of Flazio where information related to the Website is stored.

7.2 Review and removal by Flazio.
Flazio is not required to monitor the Websites or their content, but may at any time review or test the Developer/User’s Websites and the related source code to verify compliance with the terms of this Agreement, the Flazio program/service rules and any other applicable term, obligation, law or regulation, and may use automated methods to carry out such checks.
Flazio S.R.L. unipersonale reserves the right to refuse to host and/or register a Website at its sole discretion.
Flazio S.R.L. unipersonale reserves the right to remove and/or block websites that use redirects and/or are embedded within iframes.
In the event of non-compliance, the site may be blocked.
The Developer may be required to provide personal identification or contact details as part of the Flazio registration process or the ongoing use of the related Services.
The Developer/User agrees to provide Flazio S.R.L. unipersonale with data that is always accurate, correct and up to date. As part of the Website specification, Flazio may require the Developer to include in the Website listing information such as their name and email address. Flazio S.R.L. unipersonale may use this information to display the Website in its directory or for other uses.
If Flazio S.R.L. unipersonale is informed by the Developer or otherwise becomes aware and, at its sole discretion, determines that a Developer/User Website, any part of it, or the Developer’s Brand Features:
(a) infringe intellectual property rights or any other rights of third parties;
(b) violate applicable laws or are subject to an injunction;
(c) contain pornographic, obscene or otherwise violate Flazio’s hosting policies or other terms of service, which may be updated by Flazio from time to time at its sole discretion;
(d) are published or distributed improperly;
(e) may give rise to liability for Flazio or third parties;
(f) contain, in the opinion of Flazio S.R.L. unipersonale, viruses or are considered by Flazio to be malware, spyware or harmful to Flazio’s network or that of third parties;
(g) violate the terms of this Agreement or the Flazio program rules;
(h) compromise the integrity of Flazio’s servers (i.e., users are unable to access content or experience difficulties); Flazio may prevent the Website from being displayed, remove the Website from its system, disable it or remove it remotely from the user’s systems or devices, or flag, filter and modify related materials (including, by way of example, descriptions, screenshots or metadata) or reclassify the Website at its sole discretion.
The Developer may contact Flazio S.R.L. unipersonale if they have questions or concerns regarding a removal action.
Flazio reserves the right to suspend or prevent access to any Website on the system at its sole discretion.

8. Developer Credentials
8.1 The Developer agrees to be responsible for the confidentiality of the credentials that may be issued to it by Flazio or that may be chosen by the Developer. The Developer also agrees to be the sole party responsible for all applications developed based on its credentials.

8.2 Flazio may limit the number of Websites that the Developer/User, or the company or organization they work for, may create and manage.

8.3 Flazio S.R.L. single-member company may, at its sole discretion, suspend or terminate the Developer/User’s right to manage Websites through Flazio for any reason, including, by way of example: (a) breach of the Agreement or the Flazio program rules or (b) infringement of any intellectual property right, including copyright. For more information on Flazio’s copyright policy, please read the information provided here.

Art.9 – Suspension and deactivation of the service
9.1. The Company reserves the right to suspend and/or discontinue the use of the Platform or the services or to disconnect (temporarily or permanently) the Customer’s account, without any refund, indemnity and/or compensation, should it become aware or determine, at its sole and unquestionable discretion, that the Customer has breached or is breaching the provisions set out in the previous Articles 6, 7 and 13, as well as applicable law (including Legislative Decree No. 196/2003), by notifying the Customer by e-mail.

9.2. The Company also reserves the right to suspend (temporarily or permanently) the use of the service if it becomes aware or believes, at its sole and unquestionable discretion, that one of the following circumstances has occurred or is occurring: a) use of the service that creates a situation of danger or server instability such as to cause damage to the Company; b) abnormal traffic or traffic such as to prevent the normal provision of the service to other customers; c) where public authorities or other third parties notify the Company of unlawful, improper or otherwise non-compliant use of the service with netiquette rules by the Customer; d) infringe intellectual property rights or any other rights of third parties; e) contain pornographic, obscene material or otherwise violate the Company’s hosting rules or other terms of service; f) are published or distributed improperly; g) may give rise to liability for the Company or third parties; (h) contain, in the Company’s opinion, viruses or are considered by the Company to be malware, spyware or harmful to the Company’s network or that of third parties; (i) breach the terms of this Agreement.

9.3. The Company may prevent the website from being displayed, remove the website from its system, deactivate it or remove it remotely from the Customer’s systems or devices, or flag, filter and modify related materials (including, by way of example, descriptions, screenshots or metadata) or reclassify the website at its sole discretion.

9.4. The Company reserves the right to suspend or prevent access to any Website on the system at its sole discretion.

9.5. In any case, the Company reserves the right to take any recourse and/or compensation action, or any other action provided by law, against the party responsible for such breaches, as well as the right to enforce the termination clause.

Art.10 – Term
10.1. The parties agree that the contract will have a one-year term starting from the activation of the service.

10.2. The parties agree that, on the natural expiry date of the contract, it will be automatically renewed for the same term at the list price available on the Prices page of this website, and so year after year, unless one of the parties gives notice to the other by email sent at least 60 days before expiry, without prejudice to any different written agreements reached between the parties during the term of the contract.

10.3. In order to avoid service interruptions (by way of example only, such as failure to renew the domain in due time, etc.), the automatic payment system may charge, through the payment methods already selected by the Customer, the amount of the service cost up to 31 days before the contract expiry date.
If the charge attempts are unsuccessful, the Company assumes no liability for any direct and/or indirect damages arising from the failure to renew all purchased services, including those purchased from third parties, that provide for annual renewal.

10.4. In any case, automatic renewal will not be effective if the service fee has not been collected by the Company at least 5 (five) days before the contract expiry date.

11. Privacy and information
11.1 In order to continuously improve and innovate the Flazio service, Flazio may collect certain statistical data relating to the use of the Flazio program and users’ computers, devices or other hardware, including, by way of example, information on how the Flazio program and the Websites created with it and hosted on it are used.

11.2 The collected data are reviewed as a whole to improve the Flazio program for the benefit of Users and Developers and are retained in accordance with the Privacy Policy applied to Flazio. To ensure the improvement of the Websites, some aggregated data may be made available to the Developer upon written request.

Art.12 - Fee and payment terms
The cost payable by the Customer is on an annual basis. It may be paid, at the Customer’s option, either in a single payment or in monthly instalments.
If the Customer opts for monthly payment, they may decide at any time to switch to annual payment, with application of the discount provided for such payment; however, the reverse option is expressly excluded.

Art.12.1 - Parties’ obligations and cases of exclusion of liability

12.2 The Customer acknowledges that the Company has no ability to exercise any control over the content of the page and/or website covered by the service and therefore cannot in any way be held liable for the non-use of the service or for the failure or malfunction of the Customer’s own material.

12.3. The Customer acknowledges and expressly agrees that use of the service and the disclosure and storage of information obtained or granted through the Platform or the services are carried out at its sole and exclusive risk and that it is the sole and exclusive party responsible for any damage to its computer or for any loss of data resulting from use of the service.

12.4. The Customer declares to have reviewed the features of the chosen service type, as better described on the web page www.flazio.com.

12.5. The Company provides no warranty of any kind, express or implied, of merchantability, compatibility or fitness for a particular purpose of the Customer or third parties and, furthermore, provides no warranty that the service meets the Customer’s requirements and needs.

12.6. The Customer acknowledges and agrees that the Company provides no warranty as to the results that may be obtained from use of the service, any software and hardware errors of the service, or the reliability of any information obtained by the user through the service.

12.7. The Company shall not be held liable for any direct and/or indirect damage arising from the use of the service or from interruption of the service’s operation. The Company provides no warranty as to the quality of materials, goods or services sold, purchased or otherwise obtained by the user through the service or following any transactions carried out through the service itself. The provisions of this clause shall remain valid even after the contract expires.

Art.13 - Early withdrawal
13.1. The parties agree that the Customer may unilaterally withdraw from the contract by sending the Company the relevant form, duly completed and signed (downloadable here), together with a copy of the personal identity document of the Customer or of its legal representative, with sixty (60) days’ notice, after which the access credentials to the Platform or the services will be deactivated and the same will be terminated.

13.2 Should the Customer exercise this option, the Company shall in any case be entitled to retain the full amount paid by the Customer as the annual service fee, which shall be deemed allocated as the withdrawal fee also for the unused service period. If, at the time of withdrawal, the annual fee has not been paid in full, the Company shall in any case be entitled to demand payment thereof also for the unused service period.

Art.14 - Consumer Withdrawal
The Customer who qualifies as a Consumer pursuant to art.3 of Legislative Decree 206/2005 may exercise the right of withdrawal in the forms and manner set out in art.52 of the Consumer Code within 14 (fourteen) days from the date the Contract is concluded. Specifically, the Consumer may withdraw by sending the Company the relevant form, duly completed and signed (downloadable here ).
Pursuant to art.59, para.1, letter C), in relation to arts.52 to 58 of the Consumer Code, the right of withdrawal is excluded for goods and services made to measure and clearly personalized. This includes custom domains and websites created on the customer's behalf through the Flazio Smart, Flazio Import or Flazio Experience service.
If the Consumer benefited from discounts and promotions at the time of subscription, they will not be entitled to any refund

15 Termination of the Agreement
Flazio S.R.L. single-member company may, at any time, terminate this Agreement with the Developer, User and/or End User, by way of example and without limitation, if:
(A) the Developer, the User and/or End User has breached any provision of this Agreement;
(B) Flazio is required to do so by law;
(C) Flazio decides to no longer provide any service.

15.1 Following termination of this Agreement, Flazio S.R.L. (single-member company) will stop distributing the Developer’s, User’s and/or End User’s Website, but may retain and use copies of the Website for support purposes related to the Flazio service.

16. Disclaimer of Warranties
16.1 The Flazio service is provided “as is” and “as available”, excluding, by way of example, any warranty relating to the timing, frequency or implementation of the rollout of updates to the developer’s products.

16.2 The use of the Flazio program and of any material downloaded or otherwise obtained through the use of Flazio by the Developer and/or User is at their sole discretion and at their own risk, and the Developer and/or User is solely responsible for any damage to their computer or other device and for any loss of data resulting from such use.

16.3 Flazio S.R.L. unipersonale provides no warranties, express or implied, including, by way of example, implied warranties and conditions of merchantability, and fitness for a particular purpose.

17. Limitation of Liability
The Developer, the User and/or the End User expressly agrees that Flazio S.R.L. single-member company, its related and affiliated distributors and licensors, is not liable to the user of the Flazio service for any direct, indirect, incidental, special, consequential or exemplary damages that may be suffered, whatever the cause and alleged liability.
This disclaimer includes any loss of data, even if Flazio S.R.L. single-member company or its representatives have been advised or should have been aware of the possibility of such loss.

18. Indemnification Obligations
To the extent permitted by law, the Developer, the User and/or End User agrees to indemnify and hold harmless Flazio S.R.L. unipersonale, its affiliates and their respective directors, officers, employees and agents from any claim, action, suit or legal proceeding and from any loss, liability, damage, cost and expense (including legal fees) arising (a) from the Developer’s and/or User’s use of the Flazio service, in breach of this Agreement, the Flazio program rules or any applicable law or regulation, (b) from infringement via the Website of copyrights, trademark rights, trade secrets, trade dress, patents or any other intellectual property right of any party, (c) from defamatory activities by any person or from violation of their personality or privacy rights, and (d) from third-party claims arising out of or relating to the Website or the use of the Flazio service.

19. Changes to the Agreement
19.1 Flazio S.r.l. may occasionally make changes to this Agreement.
If such changes are made, Flazio will make a new copy of the Agreement available on the Flazio website at https://www.flazio.com. It is the responsibility of the Developer, User and/or End User to periodically check the terms and conditions of this Agreement. The changes will become effective and will be deemed accepted by the Developer and/or User, (a) immediately for those who become Developers and/or Users after the change, or (b) for those who are already Developers and/or Users, Flazio will provide 30 (thirty) days’ notice within which the changes will become effective (except for changes required by law, which will be effective immediately).

19.2 The Developer and/or User, upon receiving email notice of the change unilaterally made by Flazio to the contract, may withdraw from the Service by sending a simple request email to docs@flazio.com.

20. General legal terms
20.1 This Agreement constitutes the entire legal agreement entered into between the Developer, the User and/or End User and Flazio, governs their use of the Flazio program and service, and fully replaces any prior agreement entered into between them and Flazio S.r.l. in relation to the Flazio program and service. The Agreement with Flazio, the Flazio program and service rules, and the Terms of Service shall apply in the order indicated where there are inconsistencies between them, to the extent of such inconsistencies.

20.2 The Developer, the User and/or End User agrees that any failure by Flazio S.r.l. to exercise or enforce any legal right or remedy provided under this Agreement (or that Flazio benefits from under any applicable law) shall not be deemed a formal waiver of Flazio S.r.l.'s rights, and that such rights or remedies shall remain available to Flazio S.r.l.

20.3 If a court of competent jurisdiction rules that a provision of this Agreement is invalid, that provision will be removed without affecting the other terms of the Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.

20.4 The Developer, the User and/or End User acknowledges and agrees that each company in the group of which Flazio S.r.l. is the parent company shall be a third-party beneficiary of the rights arising under this Agreement and that such companies shall be entitled to enforce directly and rely on any provision of the Agreement that grants them a benefit or confers rights in their favor. Other than them, no other person or company shall be a third-party beneficiary of this Agreement.

20.5 Export restrictions.
The Websites available in the Flazio system may be subject to export controls or restrictions imposed by the European Union. The Developer, the User and/or End User agrees to comply with all export laws and regulations in force in the European Union. Such laws provide restrictions relating to destinations, end users and end use.

20.6 The rights granted under this Agreement may not be assigned or transferred by any party (Developer and/or User or Flazio S.r.l.) without the other party’s prior written consent. Neither the Developer nor Flazio may delegate its responsibilities or obligations under this Agreement without the other party’s prior written consent.

20.7 This Agreement and the relationship between the Developer and Flazio S.r.l. established by the Agreement shall be governed by the laws of the State where Flazio is located, without regard to conflict of laws rules. The Developer and Flazio S.r.l. agree to accept as exclusive jurisdiction that of the Court where Flazio is located, for the resolution of any legal matter arising from this Agreement. Notwithstanding the foregoing, the Developer agrees that Flazio is still entitled to seek injunctive relief (or an equivalent type of urgent legal remedy) in any jurisdiction.

20.8 The obligations under Sections 5, 6, 7, 16, 17, 18 and 20 shall remain in effect even after the expiry or termination of this Agreement.

Artificial intelligence features

The Flazio platform provides the User with features based on artificial intelligence technologies, including text generation, image generation and editing, machine translation, and assistance in creating graphic elements. These features are delivered through the integration of third-party services, in particular OpenAI and Anthropic.
Use of the artificial intelligence features is subject, in addition to these Terms, to the terms of use of the respective providers, including their policies on prohibited uses (usage policies). The User undertakes not to use such features for unlawful, misleading, defamatory purposes, that infringe third-party rights, or that are prohibited by the providers' policies.
Content generated through the AI features is provided "as is" and may contain inaccuracies, errors, or outdated information. The User is solely responsible for verifying, reviewing, and, where applicable, publishing such content on their website. Flazio does not guarantee the accuracy, completeness, or fitness for a particular purpose of the generated content.
Unless otherwise provided by the providers' terms, rights to content generated based on the User's input belong to the User, who will use it under their sole responsibility. Flazio does not claim any ownership rights in content generated by the User through such features.
Flazio reserves the right to modify, suspend, or replace artificial intelligence service providers, as well as to limit or disable individual AI features, at any time and without notice, where this becomes necessary for technical, contractual, security, or regulatory compliance reasons.

Flazio Advertising Online Terms of Service
1. Flazio Advertising
By using our Services, the User registered on the FLAZIO platform accepts these terms (the "Flazio Advertising Terms"), the conditions contained in the Flazio Program Terms and Conditions (collectively, the "Agreement"). In the event of a conflict, the Flazio Advertising Terms shall prevail over any other term of the Agreement.
We therefore invite the User to read the Agreement carefully in full.
Where used in the Agreement, the term:
"User" means the natural or legal person using the Services (and/or any natural person, legal entity or other party, agency or network acting on behalf of the User);
"we", "us" or "Flazio" means Flazio s.r.l.;
"FLAZIO" means the platform and/or the program managed by Flazio;
"Parties" means the User and Flazio;
"Service" (and/or Services) means the services provided by Flazio s.r.l. to Users through the FLAZIO platform or Flazio Advertising.

2. Access to services; Flazio account
To use Flazio Advertising, the User must create, by registering, their own account on FLAZIO and add an advertising component, approved by us, within their website.
By adding advertising components, the User agrees to host advertising banners and other content ("Ads") provided by advertising concessionaires and/or advertisers ("Third Parties") approved and selected by Flazio s.r.l..
We reserve the right to refuse or limit the User's access to the Flazio Advertising Online Service. By submitting an application to use the Services, if the User is a natural person, they declare that they are at least 18 years old.

3. Use of our services
The User may use our Services only to the extent permitted by this Agreement. Misuse of our Services is prohibited. For example, the User may not interfere with our Services or attempt to access them using a method other than the interface and the instructions we provide.
The User may stop using the Advertising Service at any time by removing the advertising component from their Account.

4. Changes to our services; changes to the agreement
We constantly modify and improve our Services. We reserve the right to add or remove features or elements of the Services at any time, and we may suspend or terminate a Service.
We reserve the right to amend the Agreement at any time. We will post any changes to Flazio Advertising Online Terms of Service on this page and to FLAZIO Terms and Conditions on their respective pages. Changes will not apply retroactively and will generally take effect 14 days after they are posted. However, changes that reflect new features for a Service or changes made for legal reasons will take effect immediately. If the User does not agree with any amended term of the Agreement, the User must stop using the relevant Services.

5. Payments
Pursuant to this section and section 10 of these Flazio Advertising Online Terms of Service, the User will receive a payment proportional to the number of valid clicks and the number of valid impressions of Ads displayed on their site, as determined by Flazio in proportion to what is received from Third Parties for those clicks and for those impressions deemed valid.
Payment will be made by the end of the calendar month following the one in which the balance accrued on the User's Account equals or exceeds the payment threshold, currently set at € 50.00
In the event of termination, we will pay the User within 90 days from the end of the calendar month in which the balance accrued on the User's Account equals or exceeds the applicable payment threshold.
Unless expressly authorized in writing by Flazio, the User may not enter into any type of agreement with another party under which that party receives payments made to the User under the Agreement or any other financial benefit related to the Services.
Payments will be calculated solely on the basis of our records.
Payments to the User may be withheld to reflect, or adjusted to exclude, any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Flazio in its sole discretion.
Determining what constitutes invalid activity is in all cases Flazio's prerogative and such activity includes, by way of example only: (i) spam, invalid requests, invalid impressions or invalid clicks on Ads generated by any person, bot, automated programs or similar tools, including through any clicks or impressions originating from the User's IP addresses or computers under the User's control; (ii) solicited clicks or impressions generated by payment of money, false statements, or requests to site visitors to click on Ads or take other actions; (iii) Ads shown to site visitors whose browsers have JavaScript disabled; and (iv) clicks or impressions combined with a significant amount of activity described in the preceding items (i, ii, and iii).
In addition to our other rights and remedies, we reserve the right to (a) withhold and offset any payment due to the User under the Agreement against any compensation owed to us by the User under the Agreement or any other agreement, or (b) require the User to reimburse us within 30 days of any invoice for any amount we may have overpaid in prior periods. If the User disputes any payment made or withheld relating to the Services, they must notify Flazio in writing within 30 days of each such payment. In the event of failure to do so, any claim relating to the disputed payment will not be accepted. Where an advertiser whose Ads are displayed on any site is in default of payments to Flazio, we reserve the right to withhold payment or reallocate it to the User's Account.
To ensure proper payment, it is the User's responsibility to provide and maintain accurate contact and payment details in the Account. Any bank charges applied by the party processing payment on the User's behalf are borne by the User.

6. Taxes
Between the User and Flazio, all taxes (if any) related to transactions between Flazio and advertisers in connection with Ads displayed on the sites are borne by Flazio. All taxes (if any) related to the Services are borne by the User. All payments made by Flazio to the User in relation to the Services will be treated as inclusive of taxes (where applicable) and will not be adjusted.

7. Intellectual property; Brand Elements
Except as expressly set out in the Agreement, neither party will acquire any right, title or interest in any intellectual property right belonging to the other party or the other party’s licensors.
If Flazio provides the User with software in connection with the Services, it grants the User a non-exclusive, non-sublicensable license to use such software. This license has the sole purpose of enabling the User to use and enjoy the benefits of the Services as provided by Flazio, in the manner permitted by the Agreement. The User is prohibited from copying, modifying, distributing, selling or renting any part of our Services or software included therein, nor may the User reverse engineer or attempt to extract the source code of such software, unless the law prohibits such restrictions or the User has Flazio’s written permission. It is prohibited to remove, obscure or alter copyright notices, Flazio Brand Elements or other proprietary rights notices connected with or contained within any Flazio service, software or documentation.
We grant the User a non-exclusive, non-sublicensable license to use Flazio’s trade names, trademarks, service marks, logo, domain names and other distinctive brand features ("Brand Elements") solely in connection with the User’s use of the Services and in accordance with the Agreement and the Guidelines for third-party use of Flazio Marks. We reserve the right to revoke this license at any time. Any goodwill arising from the User’s use of Flazio’s Brand Elements will belong to Flazio.
We reserve the right to include the User’s name and Brand Elements in our presentations, marketing materials, customer lists and financial reports.

8. Confidentiality
Please refer to the Privacy Policy published on the FLAZIO website to learn the terms under which we process the User's personal data and protect the User's confidentiality when using our Services. By using our Services, the User agrees that Flazio may use such data in accordance with its privacy policy.
By using the Flazio Advertising Online Service, the User expressly declares that they have read and fully understood the Privacy Policy published on the FLAZIO website.

9. Confidentiality
The User agrees not to disclose Flazio Confidential Information without our prior written consent. “Flazio Confidential Information” includes: (a) all Flazio software, technology and documentation relating to the Services; (b) statistics relating to use of the Service; (c) the existence of, and information about, beta features in a Service; and (d) any other information made available by Flazio that is identified as confidential or that would normally be considered confidential under the circumstances in which it is presented. Flazio Confidential Information does not include information already known to the User prior to using the Services, that becomes public through no fault of the User, that was independently developed by the User, or that was lawfully provided to the User by third parties.
The User may, however, disclose the exact amount of gross payments received from Flazio arising from use of the Services.

10. Termination
The User may terminate the Contract relating to the Flazio Advertising Online Service at any time by completing the procedure to remove the banners from the Account and then sending written notice to fatturazione@flazio.com. The Contract will be deemed terminated within 10 business days of Flazio’s receipt of the User’s notice. If the User terminates the Contract and has accrued a balance equal to or exceeding the applicable threshold, Flazio will pay the User the accrued balance within approximately 90 days from the end of the calendar month in which the Contract was terminated. As a penalty, any accrued balance up to the time of termination below the applicable threshold will be retained by Flazio.
Flazio may at any time terminate the Contract, suspend or revoke the participation of any Account in the Services for any reason. If we terminate the Contract following a breach by the User or due to invalid activity carried out by the User, we reserve the right to withhold unpaid amounts or charge them back to the User. In the event of a breach of the Contract by the User or suspension or termination by Flazio of the User’s Account, the User will not be permitted to create a new Account.

11. Indemnification
The User agrees to indemnify and defend Flazio, its affiliates, agents and advertisers from and against any and all third-party claims and liabilities arising from or related to their Account, including any content made available in the Account that is not provided by Flazio, the use of the Services, or the User’s breach of any term of the Agreement. Flazio’s advertisers are third-party beneficiaries of this indemnity.

12. Representations; warranties; disclaimers
The User represents and warrants (i) that it has full power and authority to enter into the Agreement; (ii) that it owns, or is legally authorized to act in the name and on behalf of the owner of, each Account; (iii) that it is the party making the technical and editorial decisions in relation to each Account for which the Services are implemented and that it has control over how the Services are implemented for each Account; (iv) that Flazio has never previously revoked or otherwise disabled a Flazio Account created by the User following a breach of the Agreement or due to invalid activity by the User; (v) that entering into or performing under the Agreement does not breach any contract the User may have with third parties or any third-party right; and (vi) that all information provided by the User to Flazio is accurate and up to date.
Each party warrants to the other that it will use reasonable care and skill in performing its obligations under the Agreement.
Except as expressly set out in the Agreement, we make no promises about the Services. For example, we make no commitments about the content within the Services, the specific function of the Services, or their profitability, reliability, availability, or ability to meet the User’s needs.
No condition, warranty or other term applies to any Service or to any other goods or services provided by Flazio under the Agreement unless expressly set out in the Agreement. No implied conditions, warranties or other terms apply (including any implied term of satisfactory quality, fitness for purpose or conformity with description).

13. Limitation of liability
Nothing in the Agreement shall exclude or limit either party’s liability for (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any matter that cannot be excluded or limited by law.
Neither Party shall have any liability (whether in contract or tort) under or in connection with the Agreement for any special, indirect or consequential loss (whether such loss was foreseeable, known or otherwise).
The total liability of each party (whether in contract, tort or otherwise) under or in connection with this Agreement shall not exceed the net amount due to the User from Flazio in the 12-month period immediately preceding the first date on which such liability arises.
The limitations and exclusions of liability in this Article 13 do not apply in relation to any liability you may incur under Article 7 (Intellectual Property; Brand Elements), 9 (Confidentiality) or 11 (Indemnity).

14. Miscellaneous
14.1 Entire agreement; amendments.
The Agreement constitutes our entire agreement in relation to the User’s use of the Services and supersedes any prior or contemporaneous agreement relating to the same subject matter. Neither party shall have any right or remedy based on any statement, representation, or warranty (whether made negligently or without fault) not expressly set out in the Agreement. This Agreement may be amended (i) in writing where signed by both parties and expressly intended to amend the Agreement, or (ii) as set out in section 4, if the User continues to use the Services after Flazio amends the Agreement.

14.2 Assignment.
The User may not assign or transfer any of its rights under the Agreement.

14.3 Independent entities.
The parties are independent entities and the Agreement does not create any agency, partnership or joint venture relationship.

14.4 No third-party beneficiaries.
Except as set out in Section 11, this Agreement does not create any third-party beneficiary rights.

14.5 No waiver.
Except as set out in Article 5, a party’s failure to enforce any provision of the Agreement shall not constitute a waiver.

14.6 Severability.
If it turns out that a specific term of the Agreement is not enforceable, the remaining part of the Agreement will remain in full force and effect.

14.7 Survival.
The effects of articles 7, 9, 10, 11, 13, and 14 of these Flazio Advertising Online Terms of Service shall survive the termination of these Terms of Service.

14.8 Governing law; jurisdiction.
This Agreement is governed by Italian law and the parties submit any dispute (contractual or non-contractual) relating to this Agreement to the exclusive jurisdiction of the Court of Catania.

14.9 Force majeure.
Neither party shall be liable for inadequate performance to the extent caused by a condition (e.g., natural disaster, act of war or terrorism, riot, labor conditions, government actions, and issues on the Internet network) that is beyond the party’s reasonable control.

14.10 Communications.
In connection with the use of the Services, we may contact the User regarding service announcements, administrative messages and other information. The User may opt out of some of these communications in the Account settings. For information on how to contact Flazio, visit our contact page.

Flazio Express Service Agreement
1. Introduction
With the Flazio Express Service, the User entrusts Flazio s.r.l. with the task of creating a website with the features listed below.

2. Service features
By subscribing to this service, the User entrusts Flazio with the study, design and development of a showcase website, aimed at properly presenting their business through the inclusion of text content and images provided by the Customer in a website with a standard architecture.
In its standard configuration, the website will consist of 3 pages:
1. Home
2. About us
3. Contacts
Flazio S.r.l. will create and deliver to the Customer a single website proposal; any changes, additions and/or updates must be carried out by the Customer independently. Flazio will undertake to modify, add to and/or update the website created under this agreement only upon a supplementary agreement to be entered into with the Customer.

3. Disclaimer of liability
Flazio S.r.l. assumes no responsibility for the content and lawfulness of the textual and graphic contents provided by the Customer, and for any damage and liability in any way connected and arising therefrom.
Flazio S.r.l. nevertheless reserves the unquestionable right to refuse the publication of material deemed unlawful, illegal, obscene, or in any case contrary to ethics, good taste, or the good name of Flazio S.r.l. .

4. Service performance terms
The Free User who purchases the annual Pro subscription with the coupon ME222RY will be provided with a form to fill in with the text for each section of the website and the list of required images. For the purposes of performing this agreement, the Customer shall therefore send to the following address experience@flazio.com the completed form with the text for each section of the website and the list of required images;
Flazio S.r.l. undertakes to deliver to the Customer a single project of the commissioned website within 15 business days from Flazio S.r.l.’s acceptance of the material provided. The parties acknowledge Flazio S.r.l.’s right to extend the delivery deadline up to 30 business days, should it deem, at its sole discretion, that it needs to consult with the Customer regarding the textual or graphic content received.
The Customer may decide to modify the website delivered by Flazio S.r.l., but may not refuse it.

5. Withdrawal clause
The Consumer shall have the right to withdraw from this contract within 14 days of its execution, being entitled to a refund of the amount paid for the service (given by the difference between the cost of the Flazio Pro service at the time the contract was entered into and the amount paid by the Consumer), net of the costs already incurred by Flazio to perform the contract, as per the statement that will be provided.
The withdrawal governed by this article must be communicated by sending the relevant notice to the following address support@flazio.com, stating the subject "Withdrawal from the Flazio Express service". This notice must be sent from the email address provided by the Customer when registering for the Flazio service.
Withdrawal from the Flazio Pro Service necessarily entails simultaneous withdrawal from the Flazio Express Service.

GENERAL TERMS AND CONDITIONS “ADDITIONAL SERVICES”

Under these regulations, “additional services” means services that can be activated and requested only by “PRO” customers (those who have already subscribed to a professional service).

By clicking the “access the service” button, you declare that you are legally able to enter into the relevant contract and you accept the following general terms and conditions which, where not expressly governed, refer to the application of the general terms and conditions of the Flazio Pro Service and, secondarily, to the Italian Civil Code.

A more detailed description of each service is available at the following link: “https://www.flazio.com/#!/promo-serviziaggiuntivi”

PRIVACY POLICY DRAFTING: at a unit cost of €119 (VAT included). Flazio will provide the user with a tool that, by scanning every component on the website, will create a tailored Privacy Policy suitable for the site, in compliance with applicable regulations. This Service is subject to withdrawal within 15 days of subscription in favor of the so-called Consumer Customer only as long as the service has not been provided. Once delivered, the Service will remain active with a continuous update function for the Privacy Policy content, following both any regulatory changes and any additions/removals of components by the customer on the website. The service also includes the insertion of the notice on the cookies used, and the insertion of a checkbox on newsletter components and contact forms so that the end user is aware of their data and can accept its processing. Flazio assumes no responsibility for the use of data obtained by the Developer.

TERMS AND CONDITIONS: at a unit cost of €119 (VAT included). Flazio will provide the user with a tool that will interface with the ecommerce component and, through the answers provided by the user to questions relating to their business, will create a tailored Terms and Conditions document suitable for the site, in compliance with applicable regulations. This Service is subject to withdrawal within 15 days of subscription in favor of the so-called Consumer Customer only as long as the service has not been properly provided. Flazio assumes no responsibility for the use of data obtained by the Developer.

SEO: at the unit cost of €299 VAT included, Flazio will provide consulting on the best strategies to use to achieve improved optimization of the website’s ranking on search engines. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer as a so-called Consumer, only as long as said service has not yet been provided. The Service will be delivered by carrying out a careful analysis of the website for which it is requested and sending a report with the changes to be made to the website itself. Flazio assumes no guarantee as to the level of optimization achievable through this Service.

PROTECT YOUR BRAND: Flazio provides its Customer with tools to check which extensions (e.g. .it, .net, .eu, etc.) are still available for the domain already in use. This Service is subject to withdrawal within 15 days of subscription in favor of the Customer as a so-called Consumer only as long as it has not yet been provided. The cost of registering the extensions chosen by the Customer is entirely borne by the Customer. Since the extension search does not reserve them, Flazio gives no guarantee as to their actual continued availability between the time the search results are made available to the Customer and the time the Customer proceeds with their purchase.

YOUR LOGO: with this Service, Flazio provides personalized consulting regarding the improvement of the Logo chosen by the Customer. Flazio gives no warranty as to the results achievable with this Service. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer as a so-called Consumer, only as long as it has not yet been provided.

YOUR APP: with this additional service, Flazio provides its customers with the tools to create applications that work on mobile devices in the Android or Apple environment. The cost of this service is €49.00 + VAT per year, payable at the time of subscription. For Customers who fall within the definition of Consumers, there is the option to withdraw from the contract within 15 days of its subscription. Withdrawal will result in the deletion of all applications that have meanwhile been compiled. Flazio provides no warranty as to the proper functioning and the contents of the application compiled by the Customer, who remains solely responsible for any warranties that may be due to third parties for the use of the application or its contents. The Customer will be liable to Flazio for all damages arising from the creation and/or distribution of the applications created with this Service. Flazio reserves the unquestionable right to delete, even temporarily, applications that are the subject of reports by third parties (Public Authorities, Private parties, Associations) relating to the lawfulness, morality and/or appropriateness of the content, purpose and/or use of the applications created with this Service.

SOCIAL: with this Service, Flazio provides “social management” consulting, including a set of tips on strategies, content and products to publish on social media. Flazio gives no guarantee as to the results achievable with this Service, but its many years of experience in this field are an indicator of the reliability of the communication strategies prepared for the Client’s needs. For this Service you can request the "base" plan at the price of 399 VAT included per month. Within the subscription month, 4 posts (1 per week) will be produced on one of the following Social Media: Facebook, Instagram. To create editorial plans different from the "base" plan, a proposal will be prepared with an ad hoc price, based on the end user’s needs.

TRANSLATION: at a unit cost of €500.00 plus VAT, Flazio offers its Clients a website page translation service into the most widely used languages (Italian, French, English, Spanish, etc.). The content to be translated may not exceed the maximum limit of 6,000 words.

Flazio PAY: with this service Flazio provides its Customers with a payment system that manages money transactions taking place on an e-commerce website
Flazio PAY is a payment service provided by Stripe, an end-to-end payment solution to manage third-party transactions, designed for marketplaces and crowdfunding platforms.