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Terms of use of the service

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Preamble

The Terms of Service set forth herein apply to the services provided by Roberto Andreani, with registered office in Italy, Tuscania (VT), at Via M. Maccabei 14, hereinafter referred to as button.chat. The services are delivered through the websites www.button.chat and www.betheditor.com, also accessible in the mobile version and/or via app, web app, or Progressive Web App.

Changes to the conditions

button.chat reserves the right to modify these Terms of Service as well as the terms and prices and to add, modify, or delete, at its discretion and at any time, Services and/or content.

Definitions

The Preamble is an integral and substantial part of these Terms of Service.

In these Terms of Service, the following terms have the meanings specified below:

  • Customer: the button.chat Customer who has the ability to integrate the widget on their website and who has accepted these conditions for joining the service;
  • Service: the service that allows the Customer to register, create a valid account within the button.chat and/or betheditor.com sites to carry out what is provided. As previously specified in the Preamble, the Service is also accessible in the mobile version and from any related applications for smartphones and tablets. Therefore, these conditions must also be understood as referring, respectively, to the Service accessible from the aforementioned platforms, within the limits imposed by their technical configuration.
  • Sites: www.button.chat, widget.button.chat, www.betheditor.com, and their mobile version and related applications for smartphones and tablets, within the limits imposed by their technical configuration;
  • Registration: the procedure provided for creating the account and collecting the Customer's data after explicit acceptance of the Service Conditions and in compliance with the regulations on the processing of personal data.
  • Privacy Code: Code regarding the protection of personal data approved with Legislative Decree no. 196 of 30.6.2003.
  • GDPR: EU Regulation 2016/679 concerning the protection of natural persons with regard to the processing of personal data, as well as the free movement of such data.

Subject

The service allows the Customer to register and create an account with which they can access the functionalities described below:

  1. Create and modify widgets;

Duration and Withdrawal

  1. The service has an indefinite duration from the date of registration, notwithstanding the provisions of these conditions;
  2. Any services will not be tacitly renewed, but the Customer will be informed about the expiry and will have the option to renew the service and proceed with the payment of their own free will;
  3. The service may be suspended in one of the following cases:
    1. Cancellation by one of the parties by certified email or e-mail;
    2. In the event that the Customer does not fulfill the obligations provided for in the articles of these conditions;
  4. The service may be temporarily suspended in one of the following cases:
    1. If the system detects abuse, improper use, or an unusual load on the servers. The suspension will be temporary and will be automatically revoked as soon as the parameters return to normal.

  5. In all cases, any kind of refund or compensation for the period of the service not used is explicitly excluded.

  6. Code Removal: Upon termination of the service contract, whether due to the customer’s decision or other reasons stipulated in these conditions, the customer or reseller is obligated to promptly remove all installed widget codes from the relevant websites.

Registration

Registration involves entering the Customer's data, which will be processed in accordance with what is established by the privacy code. In completing the Registration procedure, the Customer is obliged to provide their data correctly and truthfully.

Terms of Use

The Customer acknowledges the following conditions related to the use of the services.

  1. The Customer is solely responsible for the content of information, texts, comments, photographs, images, and services, and therefore assumes all civil and criminal liability in this regard. The Customer attests to the full legitimacy of what will be published on the site, including photographs and images accompanying the activity pages;
  2. In any case, the Customer undertakes not to publish unlawful content, photographs, images, and comments contrary to legal norms, offensive, pornographic, contrary to public morals and decency, defamatory, and in any case injurious to the rights of others, as well as covered by copyright and intellectual property rights, including trademarks and domain names which they are not authorized to use, and images depicting individuals in the absence of their written consent.
  3. button.chat licenses to the Customer systems, services, or products created by button.chat and/or third parties. These remain the property of button.chat or their respective authors, who may make modifications and/or updates or suspend the service or the right to use.
  4. Specifically, by way of example and not exhaustively, the Customer undertakes not to publish:
    1. Links to websites that they do not own;
    2. Private email addresses that they do not own;
    3. Phone numbers or private addresses that they do not own;
    4. Faces of individuals without authorization;
    5. Offenses to institutions or religion of any faith. Offensive, vulgar comments, images, and photographs, in a controversial, sarcastic, mocking, sacrilegious, and derogatory manner;
    6. Statements, images, and photographs that are racist and any apology for the inferiority or superiority of a race, people, or culture compared to others;
    7. Incitement to violence and the commission of crimes;
    8. Material, content, images, photographs, and pornographic messages and links to sites prohibited to minors under 18;
    9. Messages, images, and photographs of political, party, faction, ethnic, or religious propaganda. Therefore, messages and content containing ideas or statements related to political, ethnic, and religious ideologies are not allowed;
    10. Content, photographs, images, material, and comments contrary to mandatory norms, public order, and good morals;
    11. Offensive, vulgar, derogatory, promotional, or advertising comments, photographs, and images;
    12. Images and content covered by copyright or intellectual property rights;
  5. The Customer acknowledges and accepts that button.chat has the right, in fulfilling its obligations arising from non-waivable legal norms, to deliver the material posted on the sites and/or disclose its content in the event of a request by the competent authorities.
  6. The Customer acknowledges and accepts that button.chat plays no intermediary role and is therefore not responsible for the content, accuracy, and reliability of the data entered by the Customer.
  7. button.chat is not responsible for the content and requests received or the material created through one of its widgets.
  8. The Customer therefore acknowledges and accepts that button.chat is completely unrelated to any relationships that may be established directly between the Customer and the Users who have sent requests and is not responsible in any way for the user's request or the service provided to them by the Customer; button.chat cannot in any case be involved in the event of a dispute, of any nature, between the Customer and the User.
  9. button.chat may at any time delete any message, photograph, and/or content deemed non-compliant with these Terms of Service, the law, public morals, good manners, or for valid security reasons, incorrect, untruthful, or poorly presented data.
  10. Widget Limitations: Widgets provided as part of the service may be subject to limitations, both in terms of the specific functionalities offered based on the type of contract (service purchased), and to ensure fair use of server resources (fair use). These limitations are essential to assure the quality and continuity of the service to all customers.
  11. Widget Protection: Widgets may incorporate protective measures aimed at preventing unauthorized use on domains or in contexts not explicitly provided for by the service contract. The use of widgets in unauthorized contexts can cause errors or malfunctions; this is a necessary measure to protect the integrity, security, and proper use of the service with an authorized license.
  12. Reseller Responsibility: Resellers are required to ensure that widget codes are removed from their customers' websites who have ceased to use the service or do not intend to renew it. Failure to remove the code is considered a violation of these terms of use.

Widget Modification and Restricted Access

  1. The Customer has the option to modify the widget and their billing data in cases explicitly provided by these conditions.
  2. Changes and updates beyond the ordinary can be requested from button.chat, which will make them at its sole discretion.
  3. The Customer acknowledges that the username and password assigned to them or chosen during registration, for access to restricted sections, constitute the system for validating the Customer's access to the Services. The parties recognize and agree that this data is the only suitable means to identify the Customer when accessing the services. The Customer therefore agrees and concurs that all acts performed using the mentioned username and password will be attributed to them and will have binding effectiveness against them. The Customer acknowledges being the sole and exclusive responsible for the acts performed through their username and password and undertakes to keep them confidential, to guard them with due care and diligence, and not to assign them, even temporarily, to third parties.

Fees and Payments

  1. The fee for keeping the widgets or services online must be paid in advance annually from the date of service activation and subsequently no later than the expiration date, under penalty of deactivation.
  2. button.chat reserves the right to change the fee, effective from the date of the first possible renewal, notifying the Customer with a 30-day notice. In the case of changes that result in a significant reduction of the services provided or an upward variation of the prices, the Customer will have the right to withdraw from the service, without any charge or liability on the part of button.chat itself, and the Customer will maintain all obligations undertaken, by sending a communication within 30 days, beyond which the changes will be considered accepted and fully binding.
  3. In case of delay in making payments, button.chat will have the right to suspend the provision of Services, under the terms and for the purposes of art. 1460 of the Italian Civil Code, and to the compensation of any further damage.
  4. button.chat reserves the right to send a copy of the invoices in PDF format to the email address provided at the time of subscription to the service. It will therefore be the sole responsibility of the Customer to report any changes to the email address.

Suspension of Services

button.chat reserves the right to temporarily suspend, without any prior notice, the provision of Services for the time necessary for the technical interventions necessary and/or appropriate to improve their quality or resolve malfunctions.

Consequences of Failing to Remove the Code: Failure to remove the widget codes from websites, following the termination or non-renewal of the service, results in a waste of resources for our servers. In such cases, after a reasonable period, we reserve the right to replace the widget with a notice urging the renewal of the service or the removal of the code. This measure is essential to maintain efficiency and to ensure effective communication with customers and resellers, considering the impossibility of directly contacting the resellers' customers and all service users.

Limitation of Liability

  1. button.chat commits to employing the best technology it is aware of and the best resources at its disposal to provide the services in question. The Customer agrees and acknowledges that button.chat cannot in any case be held responsible for delays or malfunctions in the provision of services dependent on events beyond reasonable control such as, by way of example: (I) force majeure events; (II) events dependent on the actions of third parties such as, merely for example, the interruption or malfunction of telecommunication operators' services and/or electric lines or acts or omissions of the competent Registration Authority; (III) malfunctions of the terminals or other communication systems used by the Customer.
  2. In case of service interruption, button.chat commits to restoring the service as quickly as possible. The Customer also agrees and acknowledges that button.chat cannot in any case be held responsible for acts or omissions made by the Customer in contrast with the obligations undertaken by them under these service conditions or orders forwarded to button.chat, nor can it be held responsible for malfunctions due to defects in the means essential for access, improper use of them and/or the access methods to the service by the Customer or third parties. button.chat cannot in any case be held liable to the Customer or third parties for loss of profits, missed earnings, nor for any other form of consequential or indirect damage connected to the execution of these service conditions or each individual order.
  3. The use of the Service is entirely at the Customer's risk. button.chat provides no warranty and makes no promise of quality, good operation, or suitability of the Service.

Customer Personal Data

The Customer consents to button.chat for the processing of their personal data (Legislative Decree June 30, 2003, no. 196).

Terms and Methods of Payment

The total amount of the supply can be paid by the Customer by credit card/PayPal at the time of service activation and no later than the expiration date.

Competent Forum

For any eventual dispute that arises concerning access, use of the site and services, or related to the download or use of the sent material, or any other title, between the Customer and button.chat, or other subjects who have collaborated, are collaborating, or will collaborate in its creation and management, the Customer accepts the jurisdiction of the Italian state and, in any case, the application of the Italian law in force at the time of the dispute, regardless of their domicile or headquarters.

Communications Between the Parties

Unless expressly provided otherwise, the Parties agree and consent to the use of email for carrying out the communications required or to be made under these service conditions and for all possible services purchased and/or activated subsequently.

Further Information

Further information on services, prices, and conditions can be requested at 0761.191.7248, or through the contact page.

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