These terms and conditions (the "Terms") govern the use of the website http://www.starteed.com and the use of the Services (as defined below) described therein.
Simply accessing the site indicated above entails the automatic, full and unconditional acceptance of these Terms and therefore requires the commitment on your part to fully respect what is contained in them.
Failure to accept these Terms, on the other hand, does not allow the use of the site http://www.starteed.com and the Services accessible through it.
Starteed (as subsequently defined) reserves in any case the right, at its own discretion and without the need for prior communication or authorization, to unilaterally modify or replace, one or more of these Terms and / or to modify, suspend, terminate the Services provided at any time.
It is therefore your responsibility to periodically check these Terms, in the knowledge that the continued use of the site http://www.starteed.com and its services, even at a time subsequent to the publication of any changes and / or replacements of one or more of these Terms implies full and unconditional acceptance of the latter.
Campaign indicates each Crowdfunding campaign created, promoted and managed by the Customer and made visible and accessible to Users via the Dedicated Site.
Fee indicates the fee, whether periodic or in the form of a commission, due to Starteed for the use of the Service and any Additional Services, based on the chosen configuration and the corresponding tariff. The fee can be paid online, and by credit card, through the indicated Payment Provider, or by bank transfer, which will be sent by the relative invoice within 15 days.
Content generally indicates the set of texts, graphics, logos, audio and video files and any other material uploaded by the Customer and visible in the front-end part of the Dedicated Site.
Credenziali indica username e password consegnate al Customer al buon esito della registrazione sul Sito.
Crowdfunding indica l’attività di finanziamento di una singola iniziativa o di un’impresa mediante raccolta di fondi di terzi effettuata attraverso una piattaforma internet, in modalità donation-based, reward-based e per l’effettuazione di pre-ordini.
Customer indicates the subject that has selected and purchased a Service and uses the Platform in SAAS mode, accessible through the Dedicated Site, for the promotion and management of one or more Campaigns.
GDPR indicates the REGULATION (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data, as well as the free circulation of such data.
Payment Provider indicates (i) the subject, unquestionably chosen by Starteed, or, subject to a specific request by the Customer approved by Starteed, (ii) a subject other than that chosen by Starteed, responsible both for the payment of the fee and for the transmission of the flows connected to the Campaign.
Platform means a white label internet platform, working through software with its own source code of exclusive property of Starteed, granted for use against payment of the fee.
SAAS o Software As A Service indicates a service through which it is possible to access an application system via the internet in cloud mode.
Services o Plans indiscriminately indicate the Fixed Plan, the Percentage Plan, or the Custom Plan, offered by Starteed on its Site, necessary to access the Platform and create its own Dedicated Site for the promotion and management of one or more Crowdfunding Campaigns.
Additional Services o Adds-on means the additional services offered by Initiate on its Website, which can be purchased separately, in addition to the Service, to implement, enrich and enhance the efficiency of the latter.
Fixed Plan indicates the configuration relating to the service offered by Starteed in relation to the Campaigns, whose characteristics and rates are listed here www.starteed.com/pricing Percentage Plan indicates the configuration relating to the service offered by Starteed reports to Campaigns whose characteristics and rates are described here www.starteed.com/pricing
Percentage Plan indicates the configuration relating to the service offered by Starteed in relation to the Campaigns whose characteristics and rates are described here www.starteed.com/pricing
Personalized service indicates the configuration relating to the service offered by Starteed in relation to the Campaigns, which will be agreed between Starteed and the Customer based on the specific needs of the latter.
Website means the website accessible from the address http://www.starteed.com
Dedicated Site means the personalized / customizable website hosted on the Platform and functioning by searching for the last duration of the entire service, through which the Customer promotes and manages one or more Campaigns making them accessible to third parties, including Users.
SLA indicates the service level agreement from time to time applicable for maintenance and assistance services to the Platform.
Software Azure means the software licensed to Starteed by Microsoft Ireland Operation Ltd. for the use and management of the Platform.
Google Firebase means software licensed to Starteed by Google LLC for the use and management of the Platform.
Amazon Web Services means the software licensed to Starteed by Amazon Inc. for the use and management of the Platform.
Starteed means the company Starteed Group Srl, incorporated pursuant to Italian law, with its registered office at Via Bligny 5, Turin, P. VAT and registration in the Turin Business Register no. 11,170,160,011.
User indicates the subject who visits the Dedicated Site and decides to join a Campaign.
Starteed publishes and promotes its Website through which the Customer, after registration and payment of the Fee, can use the Service in the chosen configuration (Fixed Plan, Percentage Plan or Custom Plan). The Service will allow access to the Platform and use of the Dedicated Site, through which the Customer can promote and manage one or more Campaigns making them accessible to the Users.
These Terms govern only the relationship between Starteed and the Customer in relation to the provision of the Service and any Additional Services.
These Terms are not applicable to the services related to the Platform product, as they will be subject to specific rules to be defined in advance with Starteed.
You can browse freely within the Site and view its contents without having to register.
The Customer must promptly notify Starteed of any changes to the data provided as well as any other information necessary for Starteed to send communications regarding the Service. Once the registration is completed, the Customer will have the Credentials to access the Platform and use the Dedicated Site in the chosen configuration. By means of Credentials the Customer can proceed to upload the Contents, for which he will remain solely responsible, visible on the front-end of the Dedicated Site and subsequently start one or more Campaigns making them accessible to the Users for the entire duration of the Service.
In the event that the Customer decides to activate the Custom Plan, the latter may be subject to additional conditions with respect to these Terms and therefore it will be agreed only with the signing of a special order form according to the indications provided by Starteed.
At the end of a 30-day trial period, the Customer can decide whether to end their use of the Service or continue using it by paying the Fee according to the instructions that will be provided. During this trial period the Dedicated Site will not be visible to third parties. In any case, the Customer may decide to terminate the trial period at any time and start the Service in advance, subject to Starteed's authorization and payment of the Fee.
The Additional Services can be purchased and activated at any time, following the instructions provided by Starteed.
The Service, in the Fixed Plan configuration, will be automatically renewed at the end of each period of use (monthly, quarterly, yearly), with consequent charge of the Fee, unless cancelled by the Customer who may deactivate the appropriate automatic renewal function present in the back-end part of the Dedicated Site.
The Service may not be used by persons under the age of 18.
Starteed also reserves the right to refuse the provision of the Service to any other person, at its sole and absolute discretion, and without any obligation to state its reasons.
Starteed declares and guarantees:
To be the sole and exclusive owner of the Platform and that this is not in violation of any intellectual or industrial property rights of third parties.
That all services and interventions of technical assistance and ordinary and extraordinary maintenance will be provided in compliance with the Starteed SLA. The terms and conditions of the Starteed SLA will be provided to the Customer at the end of the Service trial period, if positively concluded with the activation of the latter and payment of the Fee by the Customer.
That the Platform is suitable for the use for which it is supplied to the Customer and that it is free from such defects as to make it impossible to use and to prevent the proper functioning of the Dedicated Site.
That the use of third-party software is carried out in accordance with valid and effective license agreements and that all related fees have been regularly paid. In particular, Starteed declares to use the Software:
Azure owned by Microsoft Ireland Operation Ltd. for the provision of the Service in SAAS mode and that the Azure Software functionality will be consistent with the provisions of the Microsoft Ireland Operation Ltd. SLA described in detail here https://azure.microsoft.com/en-us/support/legal/sla
Google Firebase owned by Google LLC for the provision of the Service in SAAS mode and that the functionality of the Google Firebase Software will be consistent with the provisions of the Google LLC SLA described in detail here https://firebase.google.com/terms/service-level-agreement/
Amazon Web Services owned by Amazon Inc. for the provision of the SAAS Service and the features of the Amazon Web Services Software will be consistent with the provisions of the Amazon Inc. SLA described in detail here https://aws.amazon.com/en/compute/sla/
Starteed is committed to:
Providing the Service and any Additional Services to the Customer in accordance with these Terms throughout its duration.
Implementing and keeping the Platform up to date, so as to maintain the efficiency of the Service in accordance with the provisions of the Starteed SLA.
Providing technical assistance and ordinary and extraordinary maintenance of the Platform and the Dedicated Site according to the timescales, and in the manner provided for, in the Starteed SLA.
Renewing and maintaining any and all licenses on software (including Azure Software, Google Firebase Software, Amazon Web Services Software) and on services provided by third parties (including those provided by the Payment Provider) necessary for the correct provision of the Service.
Guaranteeing the correct functioning of the payment flows through the Payment Provider.
Not using confidential information of the Customer that may eventually come into its possession during the provision of the Service and / or Additional Services for profit or for other purposes prohibited by law.
F. Not using confidential information of the Customer that may eventually come into its possession during the provision of the Service and / or Additional Services for profit or for other purposes prohibited by law.
The Customer declares and guarantees to act exclusively for himself, in the exercise of his entrepreneurial activity or as a private individual who promotes the individual objective of the Campaign.
With reference to the relationship established with Starteed following the purchase of the Service and any Additional Services, the Customer commits to:
Verifying the existence of the minimum technical prerequisites for the use of the chosen Service, and guarantees their maintenance for its duration.
Using the Platform, the Dedicated Site and any Additional Services in full compliance with all applicable laws, morals and public order, also with reference to the laws of the place where the Campaign is active.
Using the Platform, the Dedicated Site and any Additional Services in full compliance with the intellectual and / or industrial property rights of Starteed and third parties.
Not entering Content or other material of any kind, including documents, images, video and audio files, computer programs or other, through the Platform, in violation of the law or the rights of third parties, and not to use the Platform or the Dedicated Site for purposes and purposes not permitted by law, also with reference to the laws of the place where the Campaign is active, or in such a way as to damage Starteed's image in any way. In this regard, Starteed reserves the right, in the event of the discovery of one or more of the aforementioned violations, to remove such material and / or to suspend the provision of the Service in whole or in part without this giving rise to any claim of the Customer in regards to the restitution, full or partial, of the Fee, or the compensation of any damages. Starteed also reserves the right, when it deems necessary, to immediately notify the competent authorities.
Uploading the Contents in accordance with the spaces and loading screens pre-determined by Starteed and to not make any changes to the structure of the Dedicated Site, as provided in the context of the Service based on the chosen configuration.
To not carrying out any operation aimed at withdrawing, copying, reproducing, modifying, damaging, altering, moving, deleting and / or removing documents, computer programs - including the source code of the Platform, or other material of any type provided by Starteed and not accessing or attempting to access areas or services that are reserved or owned by third parties.
Keeping the technical environment as updated as necessary to operate through the Dedicated Site, and assuming responsibility for the correct installation and use of the Platform. Any updates of the Platform or of other programs concerning the functioning of the same are issued periodically by Starteed and made available only if the Customer is up to date with the fee payments.
Keeping the Credentials secret and observing the utmost care and diligence. It is absolutely forbidden for the Customer to assign the Credentials to third parties, in any way, or in any case to allow third parties, in any way, access to the Platform, except for its own employees and / or consultants.
Paying the fee to Starteed according to the times and methods indicated and agreed.
Constantly check for the presence of computer viruses in the Contents and take any possible action to prevent them or eliminate them definitively.
Using the Payment Provider agreed on for transactions concerning the Campaign, and to comply with all the instructions provided for activating the service, and published on the relevant website.
The collection and processing of personal data provided by the Users, with respect to which the Customer will always assume the status of Data Controller pursuant to (art. 4, paragraph 1, no. 7) GDPR, act in accordance with the provisions of the privacy statement published by Starteed on the Dedicated Site.The Customer will also limit themselves to collecting and processing such data, communicated by Starteed on the back-end of the Site through a specific IT procedure, solely for the purposes related to the Campaign and for the sole duration of it. They will use the utmost diligence, accuracy, transparency as well as total compliance with the provisions of the GDPR, by Legislative Decree no. 196/2003 and subsequent amendments as applicable and from any other regulation regarding data processing.
Starteed expressly requests Users, with specific clauses approved separately by explicit consent, the possibility to use the personal data of the Users, either directly or by transfer to third parties, for (i) marketing purposes, that is to say the sending of advertising material, of direct sales, carrying out market and communication research and (ii) to communicate and / or send through automated contact methods (such as sms, mms, faxes, calls, email and web applications) advertising material and commercial information of third parties, all in compliance with the GDPR and other regulations regarding the processing of personal data. The Customer undertakes to transfer the users' personal data to Starteed free of charge, expressly giving their consent, in the form and in the manner agreed between Starteed and Customer.
Finally, the Customer expressly authorizes Starteed to use its brand and / or logo for promotional purposes on the pages of its institutional sites and / or on other media, at the sole and total discretion of Starteed and without the need for communications or other authorisations, as well as to the publication of a banner on its web pages that allows linking to the Dedicated Site.
With reference to each Campaign promoted and managed through the Dedicated Site and the individual reports that will be established between the Customer and the Users accessing it, the Customer undertakes to maintain a conduct based on principles of correctness, transparency and good faith, as well as fully compliant with the law, and to take all appropriate measures to inform Users comprehensively and clearly about the purposes, functioning and conditions of each Campaign. In particular, the Customer undertakes to behave in a way that fully meets the following principles:
Promotion and management of the Campaign for purposes and in ways permitted by law and that cannot in any way discredit the Campaign, the Dedicated Site or Starteed.
Preparation of appropriate precautions aimed at preventing any instrumental use by third parties of the Campaign and / or Dedicated Site for fraudulent purposes or against the law and / or damaging the rights of Users and / or third parties.
Punctual fulfillment of all the obligations assumed in relation to the Campaign or related to it, including the delivery of any agreed rewards.
Use of the amounts collected in relation to the Campaign exclusively for the purposes indicated in the promotion of the same.
Preparation, where necessary, of suitable terms and conditions, which do not conflict with these Terms, aimed at regulating the adherence of the individual User to each Campaign, it being understood that in no case will it be possible to derogate from this paragraph 8 or other provisions contained in these Terms or Conditions defined by Starteed.
Full cooperation with the Payment Provider in relation to the management of cash flow in any way connected to the Campaign.
Commitment not to enter personal data and / or images of third parties on the Dedicated Site without having previously acquired the express consent of the interested parties, according to the provisions of the GDPR, by Legislative Decree no. 196/2003 and subsequent amendments and any other regulation regarding data processing;
Compliance with all the provisions concerning the processing of personal data, in accordance with the provisions of the GDPR, by Legislative Decree no. 196/2003 and subsequent amendments and from any other regulation regarding data processing.
Starteed does not guarantee in any way that:
The Service, the Dedicated Site and the Accessory Services are responsive to the needs and / or expectations of the Customer.
The Dedicated Site responds to the Users' expectations and the visual aspect of the front-end part is appreciated by the Users themselves or by the Customer.
Furthermore, Starteed cannot be held responsible in any way for:
The Content uploaded by the Customer and the presence of any computer viruses.
Any malfunctions of the Platform or the Dedicated Site due to unauthorised interventions by the Customer or third parties.
Inefficiencies, malfunctions or interruptions of services provided by third parties, including software suppliers and the Payment Provider.
Violation of any commitments undertaken by the Customer in relation to the Users in relation to the Campaign. Therefore, making the Customer the one and only person responsible for all relations with the Users.
The relationships between Customer and Users connected in any way to the Campaign. Therefore, making the Customer the one and only person responsible for all relations with the Users.
Any aspect of fiscal, accounting and / or taxation related or in any case attributable to the management of the sums received from the Customer in relation to the Campaign.
Disputes arising from the use of services provided by third parties, including those provided by the Payment Provider in relation to the collection of funds for the Campaign.
Starteed will remain unrelated to any disputes or negotiations that may arise between Customers and Users, or between Customers and third parties. In the event of disputes, Starteed, its officials, employees, consultants and / or representatives are expressly exempt from claims or requests of any kind and in particular; requests for compensation, compensation, damages, known or unknown, suspected or not, disclosed or reserved, deriving directly and / or indirectly from such disputes.
Starteed will also be indemnified from any costs, expenses and any other charges connected to any disputes between the Customer and third parties, including the Users and the Payment Provider.
Lastly, Starteed will be indemnified and held blameless for any costs, expenses and any other charges deriving from, or in any way connected to, any violations by the Customer of the provisions of the GDPR, the Legislative Decree no. 196/2003 and subsequent amendments, with particular reference to the violation of the rules on the collection and processing of data of the Users communicated by Starteed or to a use of the same that is not compliant or in violation of the law, provisions, regulations.
Starteed assumes no responsibility towards the Customer for damages of any kind that the Customer, Users and / or third parties may suffer as a result of using the Service, and / or suspensions of the same, interruptions and / or defects, whether they are total or partial, permanent or temporary, deriving from any cause not attributable to Starteed, including, on a non-exclusive basis:
Failure by the Customer to comply with the provisions of these Terms as well as mandatory rules, also with reference to the laws of the place where the Campaign is active.
Malfunctions of the Site, of the Dedicated Site or of the Platform and, in any case, of the Service or Accessory Services caused by failures and / or malfunctions and / or inefficiencies of the equipment, hardware and software structures of the Customer and / or Users.
Force Majeure events.
The Customer can exercise the right of withdrawal by communication to be sent to Starteed by registered letter with return receipt to the registered office, or to the address PEC email@example.com within the 15 days prior to the expiry of the term established for payment of the fee, without this implying the obligation of Starteed to reimburse in whole or in part what has already been paid by the Customer.
Starteed reserves the right of withdrawal, and consequently the interruption of the provision of the Service, by registered letter with return receipt in advance by email to be sent to the Customer at the address provided if the latter learns that the Customer:
Is subject to liquidation, bankruptcy or other insolvency proceedings;
Is involved in proceedings for crimes against public order, against property and the Public Administration.
Has received an order to suspend his activities by order of the public authority.
Starteed also reserves the right to terminate the relationship with the Customer governed by these Terms, pursuant to Article 1456 of the Italian Civil Code, by giving written notice to the Customer by registered letter with return receipt in advance by email, if the latter acts in violation as provided in the previous paragraphs 7 B), C), D), F) of these Terms.
Furthermore, Starteed may terminate the relationship with the Customer governed by these Terms - pursuant to Article 1454 of the Civil Code - in the event that the latter has not complied with the obligation to pay the fee in accordance with the established deadlines, after sending a formal notice within 15 days.
In the event of withdrawal or termination, it will no longer be possible to use the Platform and use the Service and Accessory Services provided by Starteed. Consequently the Customer will have to carry out every and any activity necessary to inform the Users of the interruption of the Campaign and, if necessary, to provide for the restitution of the collected amounts.
Starteed, within 30 days of the termination of the relationship, following the express request of the Customer, will deliver to the latter in backup format all the data loaded on the Dedicated Site.
The Platform and any other Starteed program and / or software used to provide the Customer with the Service or Additional Services will remain the exclusive property of Starteed.
The Customer must ensure that the Content published on the Dedicated Site does not infringe the rights of third parties of any kind, including without limitation, those relating to intellectual property, confidentiality and privacy.
However, Starteed reserves no ownership rights in the Content on the Dedicated Site, nor in any additional content uploaded in relation to each Campaign.
The relationship governed by these Terms is governed by Italian law and any dispute relating to the validity, interpretation, execution, termination of this relationship or any other relationship in any way attributable to it will be referred to the exclusive jurisdiction of the Court of Turin, except for different mandatory powers required by law.
Pursuant to, and for the purposes of, the articles 1341 and 1342 of the Civil Code, the contents of the following clauses are expressly approved, after having carefully read them: intellectual property), 12 (Governing law and Jurisdiction).