Terms of service

1. 1.1

   Subscription Fee: The recurring amounts that the Customer is required to pay to the Provider for the use of the Service, as indicated in Annex 1.

2. 1.2

   Contract or General Conditions: This contract and its annexes that form an integral and substantial part thereof.

3. 1.3

   Documentation: The documents transmitted or otherwise made available to the Customer by the Provider through the website www.publytics.net or any other website notified by the Provider containing an accurate description of the Services and usage and implementation instructions.

4. 1.4

   Effective Date: The date of signature of the contract.

5. 1.5

   Subscription Term or Subscription Period: has the meaning set forth in clause 7.1 (includes both the initial subscription period and any renewals).

6. 1.6

   Data: Data related to the Customer's website, entered from time to time into the Publytics computer system and acquired and processed by the Software and finally made available to the Customer.

7. 1.7

   Force Majeure: Any event, act, fact, or circumstance unforeseeable and not attributable to the invoking party, which could not be prevented or limited by using ordinary diligence and which renders impossible the performance in whole or in part of any of its obligations arising from this Agreement.

8. 1.8

   Working Day: Any day of the week except Saturday, Sunday, and national holidays.

9. 1.9

   Initial Subscription Period: The duration period of this contract indicated in Annex 2, excluding any renewals.

10. 1.10

    Usage Rules: The rules for using the Service, set forth in Annex 3 and published online at www.publytics.net.

11. 1.11

    Services: The services provided to the Customer as a service through the Platform.

12. 1.12

    Software or Platform: The software application granted for use to the Customer remotely and that allows the provision of the Services on a subscription basis.

13. 1.13

    Support Services: The activity of support and assistance in case of malfunctioning of the Services.

14. 1.14

    Website www.publytics.net.

1. 2.1

   With the purchase of a subscription, the Provider grants the Customer a revocable, non-exclusive, non-transferable license, without the right to sublicense, aimed at allowing the Customer, through specifically authorized users, to use the Services for the Subscription Term and exclusively within the scope of the Customer's commercial or entrepreneurial activity.

2. 2.2

   Subscriptions are available at a fixed cost, which is determined based on the number of writes performed on the databases associated with the domain or domains configured in the Customer's account. These writes occur during the period of use of the Service, which may be monthly, annual, or follow another agreed cadence. By writes, we mean page views, i.e., the number of load requests. In the event that the number of write operations exceeds the limit provided in the active subscription, the account will be placed in "overage" mode. In this mode, access to the data consultation panels will be limited to a single page of a website owned by the Customer, and the recording of additional events configured by the Customer in the usage settings will be inhibited. It is the Customer's responsibility to take measures to prevent any unauthorized use of the Services and, in the event of unauthorized use, promptly inform the Provider.

3. 2.3

   If the number of writes exceeds the limit provided in the active subscription, the account will switch to "overage" mode, preventing access to the data consultation panels. However, the recording of new data will continue even beyond the established threshold. The Customer has the option to reactivate access to consultation features at any time by adjusting their subscription plan to the new write volumes generated by their websites. This can be done by purchasing a subscription with a higher event registration threshold, as indicated by the Provider. To change the amount of writes included in the subscription, the Customer can request it through the Website or send a written communication via email to the Provider. The Provider will evaluate the request, reserving the right to approve or reject it at its discretion. If approved, the additional subscriptions will be activated on the same day as the approval. Additionally, a self-service function is available to change the subscription plan within the thresholds set by the Provider. The rights granted under this article are exclusively granted to the Customer, excluding controlled companies, group subsidiaries, or controlling companies, unless otherwise agreed between the parties.

4. 2.4

   The rights provided by this article are exclusively granted to the Customer, excluding any controlled companies, group subsidiaries, or controlling companies, subject to a different agreement between the parties.

1. 3.1

   During the Subscription Term, the Provider will provide the Services and make the Documentation available to the Customer in accordance with this Contract.

2. 3.2

   Make every reasonable effort to ensure the availability of the Services 24 hours a day, seven days a week, except in cases of:

   1. 3.2.1

      Scheduled maintenance carried out during the maintenance window communicated to the Customer from time to time [generally between 22.00 and 2.00 CET];

   2. 3.2.2

      Extraordinary maintenance made urgent by unforeseen needs and aimed at service continuity;

   3. 3.2.3

      Service interruptions not directly attributable to the Provider (e.g., failures in generalized computer systems, such as connectivity problems on a regional or national scale preventing service access from certain geographical areas, or server infrastructure on which the service resides).

3. 3.3

   Provide customer support to the Customer during the working hours listed on the Website, at no additional cost other than the subscription cost. The Provider reserves the right to change the support service hours at any time and at its sole discretion.

4. 3.4

   Offer a trial period during which the Customer may enjoy the Service's functionalities free of charge and for a limited time. Before the trial period expires, the Customer will receive a reminder notifying them of the approaching expiration date. To continue using the Platform, the Customer must purchase the Subscription under the conditions established by the Provider and outlined on the Website and in this document. Failure to purchase the Subscription by the end of the trial period will result in the inability to continue using the Services. The Customer may not create other accounts to circumvent the systems and exploit the trial period of the Service to their advantage: if such behavior is discovered, the Customer's account will be immediately suspended from using the Service.

1. 4.1

   The Provider undertakes to deliver the Services, including assistance, in accordance with what is stated in the Documentation and with the average diligence required by the nature of the Service.

2. 4.2

   The Provider shall not be held liable for any delays, or for any loss or damage caused by the transfer of data over networks and communication infrastructures, including the Internet; the Customer acknowledges, therefore, that the Services may be subject to limitations, delays, and other issues inherent in the use of such infrastructures and communication networks.

3. 4.3

   The Provider ensures that at the time of signing the Contract, it has and will maintain all licenses, consents, and authorizations necessary to fulfill its obligations under this Contract.

1. 5.1

   The Customer is required to ensure that the use of the Services complies with this agreement, the usage rules set forth in annex 3, and the Documentation. Additionally, they must ensure that their internet connection functions correctly and that the system requirements comply with the specifications communicated by Publytics or published on the Platform.

2. 5.2

   The Customer shall be responsible for maintaining the security of their own network infrastructure.

3. 5.3

   The Customer is obligated to timely pay the Subscription Fee. Any delays in payments may result in the immediate suspension of the Service, without the Customer being able to make claims in this regard.

4. 5.4

   The parties agree that the use of the script provided by Publytics is governed by the following terms and conditions relating to data protection:

   1. 5.4.1

      The Customer is authorized to use the script provided by Publytics solely for the purposes intended by the Service. The use of such script must comply with applicable laws and regulations.

   2. 5.4.2

      The Customer undertakes not to use the script provided by Publytics to save, store, or process sensitive data on the Provider's servers and shall be responsible for indemnifying and holding harmless the Provider from any damages caused to the latter and third parties by such improper use. The Provider disclaims any liability in case of data security breach caused by the Customer's improper use of the script.

   3. 5.4.3

      Publytics reserves the right to monitor the use of the script to ensure compliance with the conditions established in this article. The Customer agrees to provide Publytics with all necessary information and cooperation to carry out such monitoring.

   4. 5.4.4

      In the event of a breach of the terms established in these clauses or improper use of the script, Publytics reserves the right to immediately revoke the right to use the script and suspend the Services, without owing anything to the Customer for any reason or title (including partial or total refund of the Fee). In such a case, the Customer must immediately cease all use of the script and proceed with the removal of any copies or installations thereof.

1. 6.1

   The Customer is required to make timely payment of the Subscription Fee. The charge may be recurring monthly or annually, depending on the chosen Subscription. Upon registration of the account and purchase of the Service, the Customer authorizes the Provider to charge the Customer's credit card starting from the beginning date of the subscription and throughout the subscription period.

2. 6.2

   The Customer is responsible for verifying the accuracy of the payment details entered, ensuring that they are up-to-date and complete.

3. 6.3

   The monthly or annual subscription will be automatically renewed at the end of each subscription period.

4. 6.4

   The Subscription Fee is non-refundable.

5. 6.5

   The Customer will be notified if they exceed the usage limits specified by the purchased license (e.g., if the number of views exceeds the limit allowed by the subscription), and will receive an email notification informing them of the possibility to upgrade the subscription. If the Customer decides to upgrade during the subscription period, they will be charged the difference between the already paid Fee and the Fee due for the new license.

6. 6.6

   The Provider reserves the right to increase the cost of subscriptions at any time. However, any changes to the Subscription Fee will take effect upon the expiration of the current subscription period. If the Customer refuses the proposed increase, they will have the right to discontinue the automatic renewal of the subscription by communicating their decision via email or through their reserved area.

7. 6.7

   Any disputes on payments made by credit card or bank transfer are not permitted. In the event of a dispute, the Provider reserves the right to immediately terminate the Customer's subscription. In the event of further subscription attempts by the same Customer, even possibly under another user, they may be interrupted at any time by the Provider until any disputes are withdrawn.

1. 7.1

   The Contract shall have a minimum duration of one (1) month for monthly subscriptions or one (1) year for annual subscriptions. The Contract shall be automatically renewed on a monthly or yearly basis, respectively, depending on whether it is a monthly or annual subscription. Except as otherwise provided in clause 7.2, the right to terminate the Contract prematurely during the Subscription Period is excluded, and therefore any Fee related to the purchased month or year of subscription shall remain due.

2. 7.1

   The Customer shall have the option to terminate the automatic renewal through their personal area or by sending a communication via email to the following address: info@publytics.net before the expiration date; in this case, the use of the Services offered by the Platform will be discontinued on the natural expiration date of the ongoing Subscription.

3. 7.1

   Publytics shall have the right to terminate this Contract with immediate effect, pursuant to and for the purposes of Article 1456 of the Civil Code, by a simple written declaration to be sent at its discretion via email or through PEC, stating its intention to avail itself of this clause, if the Customer fails to fulfill any of the obligations set forth in Articles 5 ("Customer's Obligations"), 6 ("Subscription Fee and Payment Terms"), 8 ("Intellectual Property").

1. 8.1

   Intellectual property rights, particularly copyright rights related to the Platform, the Service, the Website, and all its components and modules, are the exclusive property of Publytics and its licensors. Publytics warrants that it holds the intellectual property rights concerning the Platform. No clause of the Contract shall be construed as an assignment to the Customer of intellectual property rights over the Software in object or source code format.

2. 8.2

   Publytics and its licensors shall retain ownership of the intellectual property rights, including the related economic exploitation rights, over customizations, developments, updates, any supplements, adaptations, improvements, and modifications of the Platform.

3. 8.3

   For the entire duration of the Subscription, Publytics grants the Customer a temporary, personal, non-exclusive, non-transferable, and non-assignable right to use the Platform solely for the purpose of using the Services. All third-party software integrated into the Platform and/or the Services are subject to the applicable license conditions for such software.

4. 8.4

   The Customer shall have the right to use the Software solely for purposes strictly related to accessing and using the Platform and the Services.

5. 8.5

   For clarity, this license does not include the right to obtain the Software in source code format or to dispose of the logical and/or project documentation related to the Software, which remains the exclusive property of Publytics and its licensors.

6. 8.6

   The Customer is expressly prohibited from disposing of the Software in any way, including, without limitation, transferring, assigning, or sublicensing the license to the Software in whole or in part to third parties or allowing its use by third parties.

7. 8.7

   The Customer shall not copy, reproduce, adapt, modify, decode, reverse-engineer, disassemble, decompile, or translate the Software in any manner or create derivative works from the Software (including any updates thereto).

8. 8.8

   Publytics shall have the right to verify at any time the Customer's compliance with the obligations undertaken under this Contract regarding the use of the Software.

1. 9.1

   The provision of the Services and the use of the Platform involve the processing by Publytics of personal data for which the Customer is the data controller. In this regard, the parties acknowledge that Publytics will act in relation to such processing as the data processor under Article 28 of Regulation (EU) 2016/679, as well as in accordance with the provisions of Legislative Decree 10 August 2018, no. 101, which adapts the Code regarding the protection of personal data (Legislative Decree 30 June 2003, no. 196).

2. 9.2

   It is understood that the Customer is responsible for fully complying with the provisions of the General Data Protection Regulation 2016/679, in particular obtaining the consent of the data subjects whose data are processed through the Platform or having an appropriate legal basis for processing. The Customer must also inform the data subjects about the use of the Platform in accordance with Regulation (EU) 2016/679.

3. 9.3

   The Provider collects data and information related to the Customer's website, which will later be processed by the Software in order to provide the Service. The information collected within the metrics and related to the website analyzed by the Service will be treated by Publytics in strict confidence and will not be disclosed to third parties. Such information will be made available exclusively to the Customer.

1. 10.1

   Publytics undertakes, for the entire term of the subscription, to provide the Platform with its functionalities to the Customer.

2. 10.2

   The Provider does not guarantee the continuity of the Service offered, nor does it guarantee that the Service is free from interruptions or errors.

3. 10.3

   Except in cases of willful misconduct or gross negligence, under no circumstances, for any reason, shall the Provider be liable to the Customer, nor to any other connected or affiliated third parties, for damages, direct or indirect, due to delays, malfunctions, total or partial interruptions of the Service, which may occur as a result of faults and malfunctions in the network and supply equipment of the Service, machines, and Software, whether owned by Publytics or its suppliers, or due to maintenance interventions.

4. 10.4

   Publytics shall not be liable for any damages caused by the Customer's use of the Platform and Services not in accordance with the terms and conditions of this Contract, the Documentation, and the instructions provided by Publytics. The Provider shall not be liable for non-conformity of the Service to the extent that such non-conformity is due to modification or alteration of the Software and its components by parties other than those authorized by the Provider. If the Services are not substantially compliant with what is described in the Documentation, the Provider shall, at its own expense, endeavor to correct any non-conformities or provide the Customer with an alternative solution useful to obtain the performance described in the Documentation. The foregoing constitutes the sole and exclusive remedy of the Customer for any non-conformity.

5. 10.5

   The Provider does not warrant the continuity of the Service offered, nor does it guarantee that the Service is free from interruptions, errors, and vulnerabilities, nor that the Service complies with the specific requirements of the Customer.

6. 10.6

   Notwithstanding the provisions regarding liability exclusions specifically set forth in this Contract, there may be circumstances in which, with respect to the performance of its obligations under the contract or for other liabilities, the Customer is entitled to compensation for damages from the Provider. Regardless of what entitles the Customer to claim damages, except in cases of willful misconduct and gross negligence, as well as any further cases of liability provided by mandatory provisions of law, Publytics' entire liability to the Customer, to cover any non-performance, shall not exceed an amount equal to 12 monthly installments or one annual installment of the Subscription Fee.

1. 11.1

   Neither party shall be liable for the failure or delay in performance of its obligations or interruption of the Service if such non-performance is wholly or partially due to Force Majeure.

2. 11.2

   If a Force Majeure Event continues uninterrupted for a period exceeding 30 consecutive days or exceeding 60 non-consecutive days accumulated during the validity of each year of the term of this Contract, each Party shall have the right to terminate the same Contract. In this case, the Provider shall be entitled to the payment of the Fee due for the Services provided up to that time, in addition to the reimbursement of further expenses incurred due to the termination.

1. 12.1

   The Provider reserves the right to amend these General Terms with a minimum notice period of 15 days, after which the changes will come into effect. Such notification will be sent via email to the address provided by the Customer.

2. 12.2

   Publytics may make changes to the technical infrastructure of its Platform and the features of the Services, provided that such changes do not entail a limitation of the Platform and Services' performance or a reduction in Publytics' commitments.

3. 12.3

   Publytics reserves the right to modify these General Terms at any time, to maintain consistency with the development of the Services offered or in response to legislative and/or regulatory changes. In the event of changes to the Contract, Publytics will notify the Customer via email with a 30-day notice period regarding the new provisions. These changes will take effect after the expiration of the notice period unless the Customer decides to terminate the Contract during that period. In such a case, the termination will take effect after the expiration of the notice period.

1. 13.1

   The Provider reserves the right to assign, in whole or in part, the rights and obligations under this Contract. The Customer hereby consents to the Provider being able to substitute a third party in the relationships arising from the Contract. The substitution will be effective against the Customer from the moment it is notified.

1. 14.1

   Any notice or communication to the Provider regarding this Contract must be made in writing to the following address:

   1. Publytics S.r.l. - Via Giosué Carducci, 8 - Milano (MI) 20123 - VAT
   2. Number: IT13079420967
   3. Email: info@publytics.net

1. 15.1

   This Contract is governed and interpreted in accordance with Italian law. Any dispute relating to or arising from this Contract, including those concerning its validity, interpretation, execution, or termination, shall be submitted to the exclusive jurisdiction of the Court of Rome, with express exclusion of any other potentially concurrent judicial authority.

(depends on the plan the user chooses when subscribing)

(depends on the plan the user chooses when subscribing)

The use of the tool on websites dealing with the following topics and/or related topics is strictly prohibited (the following list is indicative but not exhaustive):

1. A)

   Child pornography

2. B)

   Drugs

3. C)

   Alcohol

4. D)

   Computer piracy and copyright infringement

5. E)

   Illegal and unauthorized streaming