This contract is stipulated by Blu Innovation Media Srl, (hereinafter “Blu Innovation Media”), Fiscal Code and VAT number 01884850478, with registered office in Via Mariotti 190 – 51100 PISTOIA (PT), in the person of the legal representative pro tempore and the Customer, identified with the data provided by filling in the appropriate personal data sheet, who, through his Legal Representative or in any case a prosecutor authorized to stipulate this Contract in the name and on behalf of the person he represents, adheres to this Contract (of hereinafter, the “Customer”)

Premises

Blu Innovation Media Srl is a company that has conceived and developed the online platform www.smsinnovation.eu accessible in Software-As-A-Service mode which allows the user to manage SMS marketing campaigns directly and independently and to forward other types of communications via SMS such as, but not limited to, reminders of appointments, alarms, communications of various kinds.

In consideration of the above premises, the Parties agree and stipulate the following non-exclusive User License Agreement for the smsinnovation.eu platform.

User license agreement

The undersigned Company or Natural Person requests Blu Innovation Media, for their own professional and/or personal purposes, to be able to use the SMS services under the conditions indicated below, which the undersigned declares to have examined and accepted:

1. Object of the contract

1.1 By signing this contract Blu Innovation Media, in compliance with the terms and conditions of this Contract, undertakes to provide the Customer with a non-exclusive license to use the smsinnovation.eu Platform, which directly allows the Customer the sending communications by SMS or other messaging channels and to take advantage of the analysis and management functions connected to them, through a SAAS (Software – AS – A – Service) application made available via the Internet.
1.2 The characteristics of the service referred to in point 1.1 are detailed in the commercial offer specified on the website www.smsinnovation.eu which constitutes an integral and substantial part of the contract. The Customer is solely responsible for the type of service chosen.
1.3 Blu Innovation Media reserves the right to vary the characteristics of the service referred to in point 1.1 at any time, by notifying it by e-mail or fax, at least 30 days in advance of the application. In any case, without prejudice to the Customer’s right to withdraw, by registered letter with return receipt, within 15 days of notification or 30 days of the natural expiry of the contract.

2. Delivery of the service and conditions of use of the platform

2.1 The customer will have access to the platform through the reserved area called “control panel” through authorization and authentication credentials attributed to the Customer, kept and used by the latter under his exclusive responsibility.
2.2 The provision of the service presupposes (i) the completion of the registration procedure by the customer; (ii) the installation by the Customer of any Software necessary for the use of the service or the preparation of a client for web access to the platform, (iii) the forwarding of the Order by the Customer, (iv ) the payment of the Fee for the credit purchased (v) the receipt by Blu Innovation Media of the Confirmation of Payment of the Fee.
2.3 The Single supply contract between Blu Innovation Media and the Customer is concluded when Blu Innovation Media receives, by electronic procedure, both the Customer’s Order and the Payment Confirmation. The order sent by the Customer will be binding for Blu Innovation Media only if the entire procedure indicated in article 2.2 above has been completed regularly and correctly, without the Website highlighting any error messages of any kind, for the entire duration of this procedure, until the Order is sent.
2.4 Upon conclusion of the single supply contract between Blu Innovation Media and the Customer, Blu Innovation Media sends the Customer by email to the Email Address specified by the Customer, detailed information on the amount paid by the Customer, the chosen means of payment, confirmation of activation of the service, and the invoice for the Services, made out to the Customer or to a different subject indicated by the Customer, filled in with the data specified by the latter.
2.5 The contents of the messages sent by the Customer and the personal data (database) of the recipients of the communications are the exclusive property of the Customer and Blu Innovation Media undertakes not to make any use of them other than that envisaged for the fulfillment of the Contract. In particular, Blu Innovation Media undertakes to: not transfer or make the personal data lists available to third parties, in partial or total, temporary or definitive; not to use it for any reason, except for statistical purposes and for improving the Platform; not to keep a copy, except for the one indispensable for the functioning of the Platform and in accordance with current legislation.

3. Payment

3.1 For the activation of the platform and the relative SMS credit as well as for the activation and renewal of any additional fee-based products, the Customer undertakes to pay the fee in advance in the manner indicated in the Online order. Payment can be made by bank transfer, PayPal or credit card, subject to collection.
3.2 In the case of payment by PayPal, the Customer has the option of activating the recurring payment method, which provides, on the renewal date, or upon reaching an SMS credit threshold, the pre-authorized automatic debit of the amount corresponding to the product due to an expiring fee or the set SMS package. The Customer has the possibility at any time to disable the recurring payment method and to proceed with the other payment methods. If upon automatic renewal the pre-authorised charge fails for any reason (by way of example but not limited to: lack of necessary funds) this will result in the immediate blocking of the fee-based product or failure to top up the SMS credit.
3.3 In the event that the Customer fails to pay the agreed amount, Blu Innovation Media may, at its sole discretion and at any time, disable the sending function, upon notice, and all the functions registered to the Customer.
3.4 If the Customer fails to pay the agreed amount within 15 calendar days of the suspension, Blu Innovation Media will be authorized to block the customer’s access and to declare the termination of the contract.
3.5 Early termination of the contract will entitle Blu Innovation Media to demand payment of the fees and amounts relating to the credits used until the natural expiry of the contract.
3.6 Blu Innovation Media reserves the right to vary the fees applicable to this Contract by notifying it by e-mail or fax, at least 30 days in advance from the application of the variations. In any case, without prejudice to the Customer’s right to withdraw, by registered letter with return receipt, within 15 days of receipt of the communication.
3.7 The statutory VAT will be added to the prices indicated at the time of invoicing.

4. Security systems adopted for credit card transactions

4.1 Blu Innovation Media is never and in any way aware of the credit card number of the purchasing party, receiving only the authorization to accept the card, provided by the bank. The credit cards accepted are: VISA AND MASTERCARD.
4.3 Payment via PayPal (www.paypal.com) is used, which receives the data necessary for payment via SSL (Secure Socket Layer) protocol. smsinnovation.eu also in this case, is never and in any way aware of the user’s data and credit card number, but only receives the authorization to accept the payment.

5. Validity, renewal and duration of the contract

5.1 The clauses of this contract are understood to be entirely in force and accepted by the customer even in the event of non-onerous and/or temporary use of the service, in any capacity granted by Blu Innovation Media.
5.2 The contract is for a fixed term, and is to be understood as relating to the expiry of the usage fee, in the case of additional products to the fee, or to the availability of credit for sending by the Customer. The contract is considered tacitly terminated if more than 12 months have passed since the last use of the platform by the Customer for the SMS services referred to in point 1.1 even in the presence of residual credit.
5.3 The customer has the right to withdraw from this contract, in accordance with the law, by sending notice by registered letter with return receipt. to Blu Innovation Media S.r.l., Via Mariotti 190 – 51100 PISTOIA (PT), within 14 days from the date of activation of the service, or from the date of payment of the subscription. In this case Blu Innovation Media will return to the Customer the amount equivalent to the unused portion of the service. Pursuant to the law, the Customer will not be able to exercise the right of withdrawal from the moment in which he will execute the contract using the service.
5.4 Pursuant to art. 52 of the Consumer Code, Legislative Decree 206/2005, the customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty within 14 days from the conclusion of the contract, i.e. from the date of first activation of the service purchased. To exercise this right, pursuant to art. 54 of the Consumer Code, Legislative Decree. 206/2005, the customer must send smsinnovation.eu a written communication to that effect, and within 14 working days from the date of payment of the service purchased. The notice of withdrawal must be sent by registered letter with acknowledgment of receipt, addressed to Blu Innovation Media Srl, Via Mariotti 190 – 51100 PISTOIA (PT). This communication may also be anticipated by fax to 178 6040140, provided that it is confirmed by registered letter with return receipt within 48 hours. Alternatively, the notice of withdrawal can be sent by certified mail to bluinnovation@pec.it. The right of withdrawal applies to the product purchased in its entirety: it is not possible to exercise withdrawal only on a part of the service purchased. smsinnovation.eu will refund the customer the full amount already paid, within 15 days from the date of receipt of the registered letter with return receipt or the notice of withdrawal. The refund will be made using the same means of payment used for the purchase by the customer. In case of payment by bank transfer, it will be the customer’s responsibility to promptly provide the bank details on which to obtain the transfer (Cod. ABI – CAB – Current account of the invoice holder). In the event of forfeiture of the right of withdrawal, smsinnovation.eu will re-enable the service purchased at no additional cost.
5.5 Complaints relating to any issue relating to the service offered must be sent to the email info@smsinnovation.eu. smsinnovation.eu undertakes to respond to any complaint forwarded within 48 hours of receipt.
5.6 Each party may terminate this contract in advance and legally if the other has defaulted on even one of the obligations.
5.7 Blu Innovation Media reserves the right to withdraw from this contract if during the execution of the same, for reasons beyond its control, incompatibilities of a technical nature occur which prevent the activation and/or provision of the Services, without the Client’s right to any compensation or indemnity.

6. Obligations, prohibitions and responsibilities of the Client

6.1 In the event of malfunctioning of the services, the Customer must promptly notify the technical assistance staff via the email address info@smsinnovation.eu
6.2 The Customer is obliged to maintain absolute secrecy on all access procedures to the service or to systems connected to it, especially as regards passwords, terms of this contract and subsequent events from the same.
6.3 The Customer declares that the data of his Profile indicated by him upon registration and Activation are referable to him, answer to the truth and undertakes to keep such data constantly updated, including his own E-mail address and the number of mobile phone.
6.4 The Customer expressly declares to be aware that the essential requirement for using the Platform for sending messages is the collection of consent to receive them from the recipients. The consent must necessarily present the requirements established by current legislation and therefore be preventive, expressed, free, informed and referred to specific treatments. This constitutes an essential obligation for the Client. In case of non-compliance, even just once, with this essential obligation, Blu Innovation Media reserves the right to terminate the Contract pursuant to art. 10.1 of this Agreement.
6.5 The Customer maintains ownership of the information, assuming all broader responsibility for the content of the information itself, with Blu Innovation Media expressly exonerated from any responsibility and burden of assessment and/or control in this regard. Any liability of Blu Innovation Media is therefore expressly excluded in the event of unauthorized disclosure of information entered via the SMS service available to the Customer.
6.6 The Customer undertakes to use the service in the only interactive ways present on the website www.smsinnovation.eu
6.7 The Customer fully relieves Blu Innovation Media from any civil or criminal liability deriving from the illicit, improper or abnormal use of the service, even if caused by third parties through the customer’s system.
6.8 The Customer undertakes to indemnify Blu Innovation Media from all losses, damages, liabilities, costs, charges and expenses, including any legal fees, which may be suffered or incurred as a consequence of any breach by the Customer of its obligations and guarantees provided for in this article and in any case connected to the dissemination of information via text messages, even in the event of compensation for damages claimed by third parties for any reason.
6.9 If the information is of an advertising nature, the Customer guarantees that the same comply with all current provisions on the subject and undertakes to pay any taxes and state charges where required.
6.10 The Customer undertakes not to use the Services in contravention or in order to contravene the Laws and/or to transmit any type of material that is contrary to the Laws, public order, morality, or messages with threatening, abusive or defamatory, which violate the rights of third parties, which are blasphemous, which contain material for adults only, which incite actions contrary to the Laws or which are capable of causing damage to third parties.
6.11 The Customer undertakes not to use the Services for the transmission or diffusion of material or extracts of material covered by copyright, unless expressly agreed in writing by the right holder.
6.12 The Customer undertakes not to use the Services to send messages to specific or premium rate telephone numbers, or which induce the use of specific or premium rate numbers, sending unsolicited advertising, spamming, phishing, SMS bombing or actions equivalent and/or to send messages to telephone numbers of users who have no relationship with the Customer. The Customer also undertakes to use the services in a manner compliant with the provisions of the Commercial Offer.
6.13 The Customer undertakes not to use the Services to: – violate security or otherwise cause damage to archives, Mobile Terminals, data transmission devices and computers; – violate the confidentiality and privacy of other Customers or third parties, by reading or intercepting communications intended for them; – compromise the functioning of the telephone lines and the devices that connect to them, through the use of programs suitable for this (viruses, trojan horses, etc.).
6.14 The behaviors specified in points 5.10,5.12,513 above may constitute crimes and as such may be punished in accordance with the law, and failure to comply entails the obligation on the part of the customer to pay a penalty of €1,000 (five thousand EUR).
6.15 It is forbidden for the customer to transfer the contract or the services inherent to it to third parties, free of charge or against payment, temporarily or definitively, without the written consent of Blu Innovation Media.

7.Limitation of liability of Blu Innovation Media

7.1 The Customer acknowledges that the Services provided by Blu Innovation Media depend on the functioning of services managed by other entities or operators, such as, by way of example only, the supply of electricity, the supply of telephone services and the functioning of electronic equipment.
7.2 The Customer further acknowledges that, in consideration of the provisions of Article 6.1 above, there may occasionally be disservices in the forwarding of Messages due to the malfunctioning of services not managed by Blu Innovation Media but conditions for the use of the Services, such as, by way of example, interruptions or suspensions of electricity supplies, interruptions, suspensions or malfunctions of telephone services, GSM networks or internet services, unavailability or blockage of services or switchboards of mobile telephone operators or gateways used . As far as possible, Blu Innovation Media undertakes to maintain the efficiency of the service provided, and will try to limit the effect of such disruptions on the Services to a minimum and, where possible, to inform its Customers of the occurrence of the same.
7.3 Blu Innovation Media undertakes to maintain the efficiency of the service provided. The Customer accepts that Blu Innovation Media occasionally performs maintenance operations on its servers and electronic equipment. Should Blu Innovation Media be forced to interrupt the service to carry out these operations, it will implement its best efforts in order to contain the periods of interruption and/or malfunction of the Services as quickly as possible.
7.4 Blu Innovation Media will define the operating procedures of the services and reserves the right to improve them in order to increase their efficiency.
7.5 In no case will Blu Innovation Media be held responsible for the malfunctioning of the service if this is caused by overloads or interruptions of telephone or data lines, electricity, global and national networks.
7.6 No compensation for damages can be requested from Blu Innovation Media for direct and/or indirect damages caused by the use or non-use of the service.

8. Force majeure, catastrophic events and unforeseeable circumstances

8.1 Neither party is responsible for damages attributable to causes of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular insurrections, riots, strikes and any other unforeseeable and exceptional cause which prevent us from providing the service.

9. Treatment of personal data – Law n.196/03

9.1 The personal and commercial data relating to this contract will be collected and archived at Blu Innovation Media for the following purposes: a) To fulfill fiscal, tax and legal obligations. The data is entered in a list in which the personal data of the Customers are collected, b) To send technical communications to the Customers. c) To send commercial communications to Clients who have given their consent, d) Under no circumstances may the data be disclosed to external companies.
9.2 The nature of the provision of data referred to in points a) and b) is mandatory to allow the fulfillment of legal obligations.
9.3 The data will be collected, recorded and selected also by means of electronic processing and will be subject to any useful treatment for the aforementioned purposes.

10. Jurisdiction

10.1 For any controversy deriving from the application of this contract, the parties conventionally waive the jurisdiction in favor of the court of Pistoia.

11. Termination clause

11.1 Blu Innovation Media reserves the right to declare the contract terminated pursuant to and for the purposes of article 1456 of the civil code with simple written communication to be sent by registered letter with return receipt in cases of non-fulfilment of the obligations contained in the points : 3. PAYMENT, 6. OBLIGATIONS, PROHIBITIONS AND RESPONSIBILITIES OF THE CUSTOMER.
11.2 In any case, Blu Innovation Media’s rights to the receipt of fees for the contractual services remain unaffected, even if not used.

12. Miscellaneous provisions

12.1 These provisions replace any previous agreement relating to the provision of services by Blu Innovation Media.
12.2 Any modification and/or integration of these contractual conditions must result from a written deed.