DAZEU SITE BUILDER

Dazeu Builder: Custom digital marketing solutions for your online success.

Terms and conditions

In accordance with Legislative Decree No. 70 of April 9, 2003

The domain name "Dazeu builder" and the trademark "Dazeu builder" are registered by the company Dazeu builder. For any necessary information, you can contact Dazeu builder at the email address info@dazeubuilder.com. The VAT number of Dazeu builder is 05179600753. The rates for the services provided by Dazeu builder are listed on the pages of the website www.dazeubuilder.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 services of the Company in accordance with the terms and conditions of this agreement.

End User: any natural or legal person who uses or accesses a website created by a Developer.

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

Dazeu builder: the computer platform and/or services provided by the Company that allow the Developer to create websites.

Websites: the software, content, and digital materials created using Dazeu Builder.

Web hosting: refers to the method of making one or more websites publicly available on the Internet; it is a certain amount of disk space on an internal server where web pages are stored.

Services: Services offered and available for purchase under the conditions established in these General Terms and Conditions. Any services not mentioned in these General Terms and Conditions may be provided by the Company under separate contract and according to the terms and conditions set by the Company. Please note that services may also be provided by third parties, and in such cases, the Company is not responsible for any malfunctions or other issues related to the failure or incorrect provision of services by these third parties, and the damages that may arise from it.

Additional services: Additional services provided by the Company upon the request of the Developer, User, or Client.

Consumer: a natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out according to Article 3 of Legislative Decree 206/2005.

Introduction

Dazeu Builder is a publicly accessible website through which Developers and/or Users can create and manage Websites. In order to create, manage, or obtain Websites, the Developer must possess and manage a valid Dazeu Builder account by agreeing to this contract.

2.Acceptance of the Contract

2.1 The use of Dazeu Builder for the creation and management of Websites is governed by a legal agreement between the Developer and/or User and Dazeu Builder, consisting of the Dazeu Builder Terms of Service and this Contract. In order for the Developer and/or User to use Dazeu Builder to create and manage their own Websites, they must accept this Contract by clicking "Register."

The Developer and/or User cannot create and manage Websites using Dazeu Builder if they have not previously reviewed and accepted this Contract.

2.2 The Developer and/or User cannot use Dazeu Builder and enter into this Contract if (a) they are not of legal age and, therefore, authorized to enter into a binding contract with Dazeu Builder or (b) they are a person or entity to whom the use of Dazeu Builder software is prohibited under the laws of Italy, the United States, or other countries, including the country of residence or from which they use the Dazeu Builder software.

2.3 The Developer and/or User represents and warrants that they have the full power, capacity, and authority to accept this Contract. If the Developer agrees to be bound by this Contract on behalf of their employer or another entity, they represent and warrant that they have full legal authority on behalf of their employer or the aforementioned entity to enter into this Contract. If they do not have the necessary authority, they cannot accept the Contract or use Dazeu Builder on behalf of the employer or entity in question.

Support

The Developer will be solely responsible for providing support and maintenance services for their own Websites and any claims related to them. The Developer's contact information for support should be displayed on every page created by the Developer and made available to end-users to request assistance. Failure to provide adequate support for the Developer's Websites may result, in some cases, in removal from Dazeu Builder.

4. Use of Dazeu Builder by the Developer

4.1 Subject to the license rights granted by the Developer under Section 5 below, Dazeu Builder agrees not to obtain from the Developer (or its licensors) any rights, title, or interest under this Contract in relation to the Products, including intellectual property rights inherent in such applications.

4.2 The Developer agrees to use the Dazeu Builder service solely for the permitted purposes (a) under this Contract and the Dazeu Builder program guidelines, and (b) under any applicable laws or regulations, as well as generally accepted practices or guidelines in the relevant jurisdictions (including, for example, any laws related to the export of data or software to and from the United States or other relevant countries).

4.3 When using the Dazeu Builder service to create and manage Websites, the Developer undertakes to protect the privacy and legal rights of end-users. If users provide the Developer with usernames, passwords, or other login information or personal data, or if the Website accesses or uses such information, the Developer is obligated to inform end-users that they or the Website will have access to such information and provide end-users with protection and privacy information in accordance with the requirements of the law. Additionally, the Website may only use end-users' information for the limited purposes for which the end-user has granted authorization to the Developer. If the Developer stores personal or sensitive data provided by end-users, including through the Website, such storage must be done in compliance with security measures and only for the necessary period of time. If an end-user has entered into a separate agreement with the Developer allowing the storage or use of personal or sensitive data directly related to the Website (excluding other products or applications), the use of such information by the Developer will be governed by the terms of that separate agreement. If an end-user provides the Developer with details of their Dazeu Builder account, including through the Website, the Developer may use such details, including through the Website, to access the end-user's Dazeu Builder account only when and to the extent authorized by the end-user.

4.4 Prohibited Activities and Liability:

4.4.1 The Developer, User, and/or End-user agree not to engage in any activities within the Dazeu Builder service, including the development or publication of Websites or other materials, that violate the Dazeu Builder program guidelines or:

Knowingly violate the terms of service of a third party.
Violate any applicable laws or regulations.
Interfere with, disrupt, damage, or gain unauthorized access to the computers, hardware, devices, servers, networks, data, or other property or services owned by third parties, including Dazeu Builder users and any network operator.
Make the use of the service unpleasant by posting repetitive content or misleading information regarding the purpose of an application.
Infringe upon the intellectual property rights of other users.
Enable unauthorized downloading of media elements or streaming content.
Display (through text, images, videos, or other multimedia) or link to:
- Illegal content.
- Personal privacy violations or editorial right violations.
- Content that interferes with the operation of servers, networks, or services of other parties.
- Hate speech or incitements to violence.
- Violations of intellectual property rights, including patents, copyrights (including the Digital Millennium Copyright Act), trademarks, trade secrets, or other proprietary rights of any party.
- Material unsuitable for minors or containing pornography, obscenity, nudity, or sexual scenes.

4.4.2 The Developer agrees not to access (or attempt to access) the Dazeu Builder service through any means other than the interface provided by Dazeu Builder, unless specifically authorized through another agreement with Dazeu Builder.

4.4.3 The Developer may not redirect end-users or provide links to other sites that mimic Dazeu Builder or claim to be Dazeu Builder.

For the avoidance of doubt, the Developer may offer Websites as access points to paid services that customers have registered for and explicitly provided payment information for.

4.4.4 The Developer's produced Website may not use or contain the NPAPI plug-in unless the Developer has obtained prior authorization from Dazeu Builder for such usage.

4.5 The Developer agrees to be solely responsible for all Websites created and managed by them using Dazeu Builder and for the consequences of their actions (including any damages or losses incurred by Dazeu Builder or third parties), thereby indemnifying Dazeu Builder from any liability in connection with such actions, both towards the Developer and third parties.

4.6 The Developer agrees to be solely responsible for any failure to fulfill their obligations under this Agreement, existing contracts with third parties, or third-party terms of service, as well as for the consequences of any violation thereof (including any damages or losses incurred by Dazeu Builder or third parties). Dazeu Builder is not responsible in any way towards the Developer or third parties for such violations.

4.7 Product Ratings. 4.7.1 Dazeu Builder will allow end-users to express their judgment regarding the Websites. Dazeu Builder may use or publish performance-related data, such as view percentages, to identify or remove Websites that do not meet the acceptable standards determined by Dazeu Builder, reserving the right to display Websites to users in a manner determined at its sole discretion.

4.7.2 The Websites produced by the Developer may be subject to ratings that the Developer may not agree with. The Developer can contact Dazeu Builder if they have any questions or concerns regarding the rating process.

4.8 Product Marketing. The Developer will be responsible for their Websites, providing end-users with necessary information about the Website, as well as accurately communicating the required permissions for the operation of the Websites on end-users' computers, hardware, or other devices.

5. Licenses

5.1 The Developer grants Dazeu Builder and its affiliates a free, non-exclusive, worldwide license to host, create links to, copy, translate, perform, and publicly display, test, distribute, and otherwise use the Websites and the content therein, available from or transmitted through the Websites.

5.2 The Developer grants the end-user a non-exclusive, worldwide, and perpetual license to execute, display, and use the Websites and the content therein, available from or transmitted through the Websites hosted by Dazeu Builder. The Developer has the option to include a separate End-User License Agreement (EULA) in their Website that governs the rights of the end-user with respect to the product license.

5.3 Dazeu Builder may engage consultants and other agents to fulfill the obligations and exercise the rights under this Agreement, provided that such consultants and agents are bound by the same obligations as Dazeu Builder.

5.4 The Developer represents and warrants that they own and maintain all necessary rights to grant the licenses related to the Websites and the content therein, available from or transmitted through the Websites, to Dazeu Builder, its affiliates, and the end-users of the Websites.

5.5 Subject to the granted license rights under this Agreement, (a) the Developer retains all rights to the Websites, and (b) each party retains all rights held independently of this Agreement, including rights under the U.S. Copyright Act or similar laws of other jurisdictions. Dazeu Builder acknowledges and agrees that, under this Agreement, it does not obtain any right, title, or interest in the content submitted, published, transmitted, or displayed on or through the Websites, including any intrinsic intellectual property rights in such content (whether or not such rights are registered and wherever in the world they exist). Unless otherwise agreed in writing with Dazeu Builder, the Developer agrees to be responsible for protecting and enforcing such rights and that Dazeu Builder has no obligation to act on behalf of the User in this regard.

6. Distinctive elements of the brand and editorial advertising.

6.1 "Brand Elements" refer to trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements owned by (or licensed to) each party as necessary.

6.2 Each party holds all rights, title, and interest, including, without limitation, all intellectual property rights, in their respective Brand Elements. Except as expressly provided in this Agreement, no party grants, nor does the other party acquire, any right, title, or interest (including, without limitation, implied licenses) with respect to the other party's Brand Elements. Under the terms and conditions of this Agreement, the Developer grants Dazeu Builder and its affiliates a limited, non-exclusive license for the duration of this Agreement to display the Developer's Brand Elements for the purpose of using them in connection with the Dazeu Builder service and fulfilling its obligations under this Agreement. Nothing in this Agreement grants the Developer the right to use Dazeu Builder's trade names, trademarks, service marks, logos, domain names, or other distinctive brand elements.

6.3 Editorial Advertising. Dazeu Builder and its affiliates may include the Developer's Brand Elements, screenshots, videos, and demonstrations of the Websites produced by the Developer and the content therein, available from or transmitted through the same Websites, in presentations, materials, and marketing events, Developer events, financial reports, website listings (including links to the Developer's website), press releases, and customer listings (including, without limitation, customer listings published on Dazeu Builder's websites) for the purpose of promoting the Dazeu Builder Gallery, Dazeu Builder products and services, or advertising the Developer's Website. Dazeu Builder grants the Developer a limited, non-exclusive, worldwide, and free license to use Dazeu Builder's Brand Elements for the duration of this Agreement solely for advertising purposes and in compliance with Dazeu Builder's Brand Guidelines.

7. Removal, inspection and updates of the Products.

7.1 Developer's Removal. The Developer may remove their Websites from Dazeu Builder in a way that they are no longer manageable and operated through Dazeu Builder at any time, but must comply with the terms of this Agreement regarding each Website managed through Dazeu Builder.

The removal of the Developer's Websites from Dazeu Builder in a way that they are no longer distributed through Dazeu Builder does not (a) result in the termination or modification of the license rights granted to end users who have previously used the Websites or (b) involve the removal of the Websites from end users' computers, hardware, or other devices or from any section of Dazeu Builder where information related to the Website is stored.

7.2 Control and Removal by Dazeu Builder. Dazeu Builder is not obligated to monitor the Websites or their content but may, at any time, check or test the Developer/User's Websites and their source code to verify compliance with the terms of this Agreement, the Dazeu Builder program/service rules, and any other applicable terms, obligations, laws, or regulations. Dazeu Builder may use automated methods to conduct such checks. Dazeu Builder reserves the right to refuse to manage and/or register a Website at its sole discretion. Dazeu Builder reserves the right to remove and/or obscure websites that make use of redirects and/or are embedded within iframes. In case of non-compliance, the site may be obscured. The Developer may be required to provide personal identification or contact information as part of the Dazeu Builder registration process or ongoing use of related services. The Developer/User agrees to provide Dazeu Builder with accurate, correct, and up-to-date information. As part of the Website specification, Dazeu Builder may require the Developer to include information such as their name and email address in the Website's presentation. Dazeu Builder may use this information for the presentation of the Website in its directory or for other purposes. If Dazeu Builder is notified by the Developer or otherwise becomes aware and, at its sole discretion, determines that a Developer/User's Website, a part thereof, or the Developer's Brand Elements:

(a) infringe intellectual property rights or any other rights of third parties;

(b) violate applicable laws or are subject to injunction;

(c) contain pornographic, obscene material, or otherwise violate Dazeu Builder's hosting policies or other terms of service that may be updated by Dazeu Builder occasionally at its sole discretion;

(d) are published or distributed incorrectly;

(e) may give rise to liability for Dazeu Builder or third parties;

(f) contain, in Dazeu Builder's judgment, viruses or are considered by Dazeu Builder to be malware, spyware, or harmful to Dazeu Builder's network or third parties;

(g) violate the terms of this Agreement or the Dazeu Builder program rules;

(h) damage the integrity of Dazeu Builder's servers (meaning that users are unable to access content or encounter difficulties); Dazeu Builder may prevent the display of the Website, remove the Website from its system, disable or remove it remotely from users' systems or devices, or mark, filter, and modify related materials (including, for example, descriptions, screenshots, or metadata) or reclassify the Website at its sole discretion. The Developer may contact Dazeu Builder if they have questions or concerns about a removal action. Dazeu Builder reserves the right to suspend or prevent access to any Website within 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 on their behalf by Dazeu Builder or that may be chosen by the Developer themselves. The Developer also agrees to be solely responsible for all applications developed based on their credentials.

8.2 Dazeu Builder may limit the number of websites that the Developer/User, the company, or the organization they work for can create and manage.

8.3 Dazeu Builder may, at its sole discretion, suspend or terminate the Developer/User's right to manage websites through Dazeu Builder for any reason, including, but not limited to:

(a) violation of the Contract or the Dazeu Builder program's regulations, or

(b) infringement of any intellectual property rights, including copyright. For more information on Dazeu Builder's copyright policies, please refer to the information provided here..

Art.9 – Suspension and deactivation of the service

9.1 The Company reserves the right to suspend and/or terminate the use of the Platform or services, or to disconnect (temporarily or permanently) the Customer's account, without any refund, compensation, or indemnification, if it becomes aware of or determines, at its sole and unquestionable discretion, that the Customer has violated or is violating the provisions outlined in the previous articles 6, 7, and 13, as well as the applicable laws (including Legislative Decree no. 196/2003), and will communicate this to the Customer via email.

9.2 The Company also reserves the right to suspend (temporarily or permanently) the use of the service if it becomes aware of or deems, at its sole and unquestionable discretion, that any of the following circumstances have occurred or are occurring: a) the use of the service that poses a danger or instability to the server, causing harm to the Company; b) abnormal traffic that hinders the normal provision of the service to other customers; c) receipt of notice from public authorities or other third parties regarding the Customer's unlawful, improper, or non-compliant use of the service in terms of netiquette rules; d) violation of intellectual property rights or any other rights of third parties; e) containing pornographic or obscene material or otherwise violating the Company's hosting rules or other terms of service; f) being published or distributed improperly; g) potentially causing liability for the Company or third parties; h) containing viruses or being considered malware, spyware, or harmful to the Company's network or third parties; i) violating the terms of this Agreement.

9.3 The Company may prevent the display of the website, remove the website from its system, deactivate it, or remotely remove it from the Customer's systems or devices, or mark, filter, and modify related materials (including, for 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 within the system at its sole discretion.

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

Art.10 – Duration

10.1 The parties agree that the contract will have an annual duration starting from the activation of the service.

10.2 The parties agree that upon the natural expiration date of the contract, it will be automatically renewed for the same duration, and so on, year after year, unless one of the parties gives notice to the other via email at least 60 days before the expiration date, except for any different written agreements reached between the parties during the validity of the contract.

10.3 In order to avoid service interruptions (such as the non-renewal of the domain in a timely manner, etc.), the automatic payment system may proceed to charge, through the payment systems already chosen by the Customer, the cost of the service up to 31 days before the contract's expiration date. In the event that the payment attempts are unsuccessful, the Company assumes no responsibility for any direct and/or indirect damages resulting from the non-renewal of all purchased services, including those from third parties, that require annual renewal.

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

11. Privacy and information

11.1 In order to continuously improve and innovate the Dazeu Builder service, Dazeu Builder may collect certain statistical data regarding the usage of the Dazeu Builder program and users' computers, devices, or other hardware, including, for example, information on the usage mode of the Dazeu Builder program and the websites created and hosted with it.

11.2 The collected data is analyzed as a whole to improve the Dazeu Builder program for the benefit of Users and Developers and is stored in accordance with the privacy policies implemented by Dazeu Builder. To ensure website improvement, some aggregated data may be made available to the Developer upon written request.

Art.12 - Compensation and Payment Methods The cost borne by the Customer is understood to be annual. It can be paid either in a single payment or in monthly installments, at the Customer's choice. If the Customer opts for the monthly payment method, they may choose to switch to the annual payment method at any time, with the application of the discount provided for such payment. However, the reverse option is expressly excluded.

Art.12 - Consideration and payment methods

The cost borne by the Customer is understood to be annual. It can be paid, at the Customer's choice, either in a single payment or in monthly installments.
If the Customer chooses the monthly payment method, they may decide to switch to the annual payment method at any time, with the application of the discount provided for such payment. However, the reverse option is expressly excluded.

Art.12.1 - Obligations of the parties and cases of exclusion of liability

12.2 The Customer acknowledges that the Company does not have the ability to exercise any control over the content of the page and/or website subject to the service, and therefore cannot be held responsible in any way for the non-use of the service or for the failure or malfunctioning of the Customer's proprietary material.

12.3 The Customer acknowledges and expressly accepts that the use of the service and the dissemination and storage of information obtained or provided through the Platform or services are done at their own exclusive risk, and they are solely and exclusively responsible for any damage to their computer or loss of data resulting from the use of the service.

12.4 The Customer declares to have read the characteristics of the selected service type as described on the web page www.dazeubuilder.com.

12.4 The Company does not provide any warranties, express or implied, of merchantability, compatibility, or fitness for a particular purpose for the Customer or third parties. Furthermore, no warranty is provided regarding whether the service meets the requirements and needs of the Customer.

12.5 The Customer acknowledges and agrees that the Company does not guarantee any results that may be obtained through the use of the service, including any software or hardware errors or the reliability of any information obtained by the user through the service.

12.6 The Company shall not be held liable for any direct and/or indirect damages resulting from the use of the service or the interruption of its operation. The Company does not provide any warranty regarding the quality of materials, goods, or services sold, purchased, or obtained by the user through the service or as a result of any transactions made through the service. The provisions of this clause remain valid even after the expiration of the contract.

Art.13 - Early withdrawal

13.1 The parties agree that the Customer may unilaterally terminate the contract by sending the duly completed and signed appropriate form to the Company, along with a copy of their personal identification document or that of their legal representative, with a notice period of thirty (30) days. Following this, the access credentials to the Platform or services will be deactivated, and the services will be discontinued.

13.2 If the Customer exercises this right, the Company shall be entitled to retain the entire amount paid by the Customer as the annual fee for the service, which will be deemed as compensation for the termination, even for the unused service period. In the event that the annual fee has not been fully paid at the time of termination, the Company shall still have the right to demand payment for the unused service period.

Art.14 - Withdrawal of the Consumer

The Customer, who qualifies as a Consumer pursuant to Article 3 of Legislative Decree 206/2005, may exercise the right of withdrawal in accordance with the forms and procedures provided for in Articles 52 of the Consumer Code within 14 (fourteen) days from the date of contract completion. Specifically, the Consumer may withdraw by sending the duly completed and signed appropriate form to the Company.

In accordance with Article 59, paragraph 1, letter c) in relation to Articles 52 to 58 of the Consumer Code, the right of withdrawal is excluded for goods and services that are customized and clearly personalized. This includes personalized domains and websites created on behalf of the customer using the Dazeu builder Smart, Dazeu builder Import, or Dazeu builder Experience services.

If the Consumer has benefited from discounts and promotions at the time of subscription, they will not be entitled to any refund.

15 Termination of Agreement

Dazeu builder may terminate this Agreement with the Developer, User, and/or End User at any time, for example but not limited to, if:

(A) The Developer, User, and/or End User has violated any provision of this Agreement;

(B) Dazeu builder is required to do so by law;

Upon the termination of this Agreement, Dazeu builder will cease to distribute 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 Dazeu builder service.

16. Disclaimer of Warranties

16.1 The Dazeu builder service is provided "as is" and "as available", with the exclusion, by way of example, of any guarantee relating to the timing, frequency or implementation of the distribution of updates to the developer's products.

16.2 The use of the Dazeu builder program and any material downloaded or obtained in any other way through the use of Dazeu builder by the Developer and/or User, is at its sole discretion and at its sole risk and the Developer and/or User you are solely responsible for any damage to your computer or other device and for any loss of data resulting from such use.

16.3 Dazeu builder does not provide any guarantee, explicit or implicit, including, by way of example, the implicit guarantees and the conditions of merchantability, of absence of suitability for a particular purpose.

17. Limitation of Liability

The Developer, the User and/or the End User expressly accept that Dazeu builder, its subsidiaries and affiliated distributors and licensors, are not liable to the user of the Dazeu builder service, for any direct, indirect, accidental damage , special, consequential or exemplary possibly suffered and whatever the cause and the alleged liability.
This disclaimer includes any loss of data, even if Dazeu builder or its representatives were advised or ought to have known of the possibility of such loss.

18. Indemnification Obligations

Within the limits permitted by law, the Developer, User, and/or End User agree to indemnify and hold harmless Dazeu builder, its affiliates, and their respective officers, directors, employees, and agents from any claim, action, suit, or legal proceeding and any loss, liability, damage, cost, and expense (including legal fees) arising from:

(a) The Developer's and/or User's use of the Dazeu builder service in violation of this Agreement, the Dazeu builder program's regulations, or any applicable law or regulation; (b) The violation of copyright, trademark rights, trade secrets, trade dress, patents, or any other intellectual property rights of any party through the Website;

(d) Third-party claims arising from or related to the Website or the use of the Dazeu builder service.

19. Changes to the Agreement

19.1 Dazeu builder may occasionally make changes to this Agreement. In the event of such changes, Dazeu builder will make a new copy of the Agreement available on the Dazeu builder website at https://www.dazeubuilder.com. It is the responsibility of the Developer, User, and/or End User to periodically review the terms and conditions of this Agreement. The modifications will become effective and be deemed accepted by the Developer and/or User: (a) immediately for those who become Developers and/or Users after the modification; or (b) for those who are already Developers and/or Users, Dazeu builder will provide a notice period of 30 (thirty) days within which the modifications will become effective (except for changes required by law, which will be immediately effective).

19.2 Upon receiving notification via email of the unilateral modification made by Dazeu builder to the contract, the Developer and/or User will have the option to terminate the Service by sending a simple request email to the address docs@dazeubuilder.com.

20. General Legal Terms

20.1 This Agreement constitutes the entire legal agreement between the Developer, User, and/or End User and Dazeu builder, governing the use of the Dazeu builder program and service by them, and completely replaces any prior agreement between them and Dazeu builder relating to the Dazeu builder program and service. In the event of any inconsistencies between this Agreement, the Dazeu builder program and service regulations, and the Terms of Service, they shall be applied in the order listed, to the extent of such inconsistencies.

20.2 The Developer, User, and/or End User acknowledges that the failure of Dazeu builder to exercise or enforce any legal right or remedy provided in this Agreement (or that Dazeu builder is entitled to under any applicable law) shall not be considered a formal waiver of Dazeu builder's rights, and such rights or remedies will remain available to Dazeu builder.

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

20.4 The Developer, User, and/or End User acknowledges and agrees that each company within the Dazeu builder group of which Dazeu builder is the parent company shall be a third-party beneficiary of the rights arising from this Agreement and that such companies shall have the right to directly enforce and rely upon any provision of the Agreement that confers a benefit on them or grants rights in their favor. Apart from them, no other person or company shall be a third-party beneficiary of this Agreement.

20.5 Export Limitations. The Websites available in the Dazeu builder system may be subject to export controls or restrictions imposed by the European Union. The Developer, User, and/or End User agree to comply with all applicable export laws and regulations within the European Union. Such laws may include restrictions on 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 Dazeu builder) without the prior written consent of the other party. Neither the Developer nor Dazeu builder may delegate their responsibilities or obligations under this Agreement without the prior written consent of the other party.

20.7 This Agreement and the relationship between the Developer and Dazeu builder established by the Agreement shall be governed by the laws of the state in which Dazeu builder is located, without regard to its conflict of law provisions. The Developer and Dazeu builder agree to submit to the exclusive jurisdiction of the courts located in the same jurisdiction as Dazeu builder for the resolution of any legal matter arising from this Agreement. Nevertheless, the Developer agrees that Dazeu builder shall still be permitted to apply for injunctive remedies (or an equivalent type of urgent legal remedy) in any jurisdiction.

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

Dazeu builder Online Terms of Service

1. Dazeu builder
By using our Services, the registered user on the Dazeu builder platform agrees to these terms ("Dazeu builder Terms"), the conditions contained in the Dazeu builder Program Terms and Conditions (collectively, the "Agreement"). In the event of a conflict, the Dazeu builder Terms shall prevail over any other term of the Agreement.

We therefore encourage the User to carefully read the entire Agreement.

Where used in the Agreement, the term:
"User" refers to the individual or legal entity using the Services (and/or any individual, legal entity, or representative, agency, or network acting on behalf of the User);
"we," "us," or "Dazeu builder" refers to Dazeu builder;
"Dazeu builder" refers to the platform and/or program operated by Dazeu builder;
"Parties" refers to the User and Dazeu builder;
"Service" (or "Services") refers to the services provided by Dazeu builder to Users through the Dazeu builder platform.

2. Access to services; Dazeu builder account
In order to use Dazeu builder, the User must create their own account on Dazeu builder through registration and add an approved advertising component to their website.

By adding advertising components, the User agrees to host advertising banners and other content ("Ads") provided by approved advertising partners and/or advertisers ("Third Parties") selected by Dazeu builder.

We reserve the right to refuse or limit User access to the Dazeu builder Online Service. By submitting an application to use the Services, if the User is an individual, they declare to be at least 18 years of age.

3. Use of our services
The User may only use our Services as permitted by this Agreement. It is prohibited to misuse our Services. For example, the User may not interfere with our Services or attempt to access them using a method other than the interface and instructions we provide.

The User may cease the use of 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 may suspend or terminate a Service.

We reserve the right to modify the Agreement at any time. We will publish any modifications to the Dazeu builder Online Service Terms on this page and the Dazeu builder Terms and Conditions on their respective pages. The modifications will not be applied retroactively and, in general, will become effective 14 days after their publication. However, modifications that correspond to new features for a Service or changes made for legal reasons will be immediately effective. In the event of disagreement with any modified terms in the Agreement, the User must discontinue the use of the affected Services.

5. Payments

According to this article and Article 10 of the Terms of Service for Dazeu builder's Online Service, the User will receive a payment proportionate to the number of valid clicks and valid impressions of Ads displayed on their site, as determined by Dazeu builder in proportion to what is received from Third Parties for those clicks and valid impressions.

The payment will be made by the end of the following calendar month in which the User's accumulated balance on their 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 accumulated balance on the User's Account equals or exceeds the applicable payment threshold.

Unless expressly authorized in writing by Dazeu builder, the User may not enter into any agreement with another party in which that party receives payments made to the User under the Contract or any other financial benefit related to the Services.

Payments will be calculated solely based on our accounting records.

Payments to the User may be withheld to reflect, or adjusted to exclude, any refunded amounts or credits to advertisers and any amounts resulting from invalid activity, as determined by Dazeu builder at its sole discretion.

Determining what constitutes invalid activity is in all cases the prerogative of Dazeu builder, and such activities include, but are not limited to: (i) spam, invalid requests, invalid impressions, or invalid clicks on Ads generated by any party, bots, automated programs, or similar tools, including 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 for 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 previous points (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 Contract with any amounts owed to us by the User under the Contract or any other agreement, or (b) require the User to reimburse us within 30 days of any invoice, any amount that we may have overpaid in previous periods. If the User disputes any payment made or withheld relating to the Services, they must notify Dazeu builder in writing within 30 days of each such payment. Failure to do so will result in the User's claim regarding the disputed payment being waived. In the event that an advertiser whose Ads are displayed on any site defaults on payments to Dazeu builder, we reserve the right to withhold payment or reclaim it from the User's Account.

To ensure proper payment, it is the User's responsibility to provide and maintain accurate contact and payment information in their Account. Any bank fees incurred by the payment processor on behalf of the User are the User's responsibility.

6. Imposte
Tra l'Utente e Dazeu builder, sono a carico di Dazeu builder tutte le imposte (ove ve ne siano) associate alle transazioni tra Dazeu builder e gli inserzionisti in connessione agli Annunci visualizzati nei siti. Sono a carico dell'Utente tutte le imposte (ove ve ne siano) associate ai Servizi. Tutti i pagamenti a favore dell'Utente da parte di Dazeu builder in relazione ai Servizi saranno trattati come comprensivi di imposte (ove applicabili) e non saranno modificati.

7. Intellectual property; brand elements

Except as expressly stated in the Agreement, no party shall acquire any right, title, or interest in any intellectual property rights belonging to the other party or the other party's licensors.

If Dazeu builder provides the User with software in connection with the Services, Dazeu builder grants the User a non-exclusive, non-transferable sublicense to use such software. This license is solely for the purpose of allowing the User to use and enjoy the benefits of the Services as provided by Dazeu builder, 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, including engaging in reverse engineering or attempting to extract the source code of such software, unless prohibited by law or with written permission from Dazeu builder. The User is prohibited from removing, obscuring, or modifying copyright notices, Dazeu builder's trademark elements, or other proprietary rights notices associated with or contained within any Dazeu builder service, software, or documentation.

We grant the User a non-exclusive, non-transferable sublicense to use Dazeu builder's trade names, trademarks, service marks, logos, domain names, and other brand elements ("Brand Elements") solely in connection with the User's use of the Services and in accordance with the Agreement and Dazeu builder's Third-Party Brand Use Guidelines. We reserve the right to revoke this license at any time. Any goodwill arising from the User's use of Dazeu builder's Brand Elements shall belong to Dazeu builder.

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 Dazeu builder website to understand the terms under which we handle the User's personal data and protect the User's privacy when using our Services. By using our Services, the User agrees that Dazeu builder may use such data in accordance with its privacy policy.

By using Dazeu builder's Online Service, the User expressly acknowledges having read and understood the Privacy Policy published on the Dazeu builder website.

9. Confidentiality

The User agrees not to disclose Dazeu builder's Confidential Information without our prior written consent. "Dazeu builder's Confidential Information" includes:

(a) all software, technology, and documentation of Dazeu builder related to the Services;

(b) usage statistics of the Service;

(d) any other information made available by Dazeu builder that is designated as confidential or would normally be considered confidential under the circumstances in which it is presented. Dazeu builder's Confidential Information does not include information that the User already knew 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 given to the User by a third party.

However, the User may disclose the exact amount of gross payments received from Dazeu builder arising from the use of the Services.

10. Termination

The User may terminate the Agreement regarding Dazeu builder's Online Service at any time by completing the banner removal process from the Account and providing written notice to support@dazeubuilder.com. The Agreement will be considered terminated within 10 business days from the receipt of the User's notice by Dazeu builder. If the User terminates the Agreement and has accrued a balance equal to or exceeding the applicable threshold, Dazeu builder will pay the accrued balance to the User within approximately 90 days from the end of the calendar month in which the Agreement was terminated. As a penalty, any accrued balance at the time of termination below the applicable threshold will be forfeited by Dazeu builder.

Dazeu builder may terminate the Agreement, suspend, or revoke the participation of any Account in the Services at any time for any reason. If we terminate the Agreement due to the User's breach or due to invalid activity conducted by the User, we reserve the right to withhold unpaid amounts or reattribute them to the User. In the event of User's breach of the Agreement or suspension or termination by Dazeu builder 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 Dazeu builder, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the User's Account, including any content made available in the Account that is not provided by Dazeu builder, the use of the Services, or the User's breach of any term of the Agreement. Dazeu builder's advertisers are third-party beneficiaries of this indemnification.

12. Statements; warranties; disclaimers

The User represents and warrants that (i) they have full power and authority to enter into the Agreement; (ii) they are the owner of, or legally authorized to act on behalf of the owner of, each Account; (iii) they are the entity responsible for the technical and editorial decisions regarding each Account for which the Services are implemented and have control over the manner in which the Services are implemented for each Account; (iv) Dazeu builder has never previously revoked or otherwise disabled a Dazeu builder Account created by the User due to a breach of the Agreement or invalid activity by the User; (v) entering into or performing under the Agreement does not violate any contract the User may have with third parties or any rights of third parties; and (vi) all information provided by the User to Dazeu builder is accurate and current.

Each party warrants to the other that it will exercise reasonable care and skill in the performance of its obligations under the Agreement.

Except as expressly stated in the Agreement, we make no warranties regarding the Services. For example, we make no commitments regarding the content within the Services, the specific functionality of the Services, or their profitability, reliability, availability, or ability to meet the User's needs.

No conditions, warranties, or other terms apply to any Service or any other goods or services provided by Dazeu builder under the Agreement unless expressly stated in the Agreement. No implied conditions, warranties, or terms are applicable (including any implied term of satisfactory quality, fitness for purpose, or conformity with description).

13. Limitation of Liability

Nothing in the Agreement will 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 which cannot be excluded or limited by law.

Neither party will have any liability (whether in contract, tort, or otherwise) 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 will not exceed the net amount due to the User from Dazeu builder 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 incurred under Article 7 (Intellectual Property; Trademarks), 9 (Confidentiality), or 11 (Indemnification).

14. Miscellaneous

14.1 Entire Agreement; changes.

The Agreement constitutes our entire agreement regarding the User's use of the Services and supersedes any prior or contemporaneous agreements relating to such subject matter. Neither party shall have any right or remedy based on any statement, representation, or warranty (whether made negligently or innocently) that is not expressly set forth in the Agreement. This Agreement may be amended (i) in writing, if signed by both parties and expressly stated to amend the Agreement, or (ii) as set forth in Section 4, if the User continues to use the Services after Dazeu builder modifies the Agreement.

14.2 Assignment.

The User may not assign or transfer any of their 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.

14.4 No Third-Party Beneficiaries.

Except as stated in Article 11, this Agreement does not create any rights for third-party beneficiaries.

14.5 No Waiver.

Except as stated in Article 5, the failure of either party to enforce any provision of the Agreement shall not constitute a waiver.

14.6 Severability.

If any particular term of the Agreement is found to be unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

14.7 Survival.

The provisions of Articles 7, 9, 10, 11, 13, and 14 of these Dazeu builder Online Terms of Service shall survive the termination of these Terms of Service.

14.8 Applicable Law; Jurisdiction.

The Agreement is governed by Italian law, and the parties submit any disputes (contractual or non-contractual) arising from the 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, war or terrorism, riot, labor conditions, governmental actions, and internet network problems) that is beyond the reasonable control of the party.

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 their Account settings. For information on how to contact Dazeu builder, please visit our contact page.

Dazeu builder Express service contract
1. Introduction

With the Dazeu builder Express Service, the User entrusts Dazeu builder with the task of creating a website with the following features.

2.Service Features By subscribing to this service, the User entrusts Dazeu builder with the study, design, and creation of a showcase website, which will adequately present their business by incorporating textual content and images provided by the Client into a website with a standard architecture. In its standard composition, the website will consist of 3 pages:

Home
About Us
Contacts

Dazeu builder will create and deliver a single website proposal to the Client; any changes, additions, and/or updates must be made by the Client autonomously. Dazeu builder will be responsible for making modifications, additions, and/or updates to the website created under this contract only upon an additional agreement to be concluded with the Client.

Exclusion of Liability Dazeu builder assumes no responsibility regarding the content and legality of the textual and graphic content provided by the Client, and any damages and liabilities connected thereto in any way. However, Dazeu builder reserves the unquestionable right to refuse the publication of material deemed illicit, illegal, obscene, or otherwise contrary to ethics, good taste, or the good name of Dazeu builder.

Service Execution Methods To the Free User who purchases the annual Pro subscription, a form will be provided to fill in with the text for each section of the website and the list of required images. In order to execute this contract, the Client must then submit the completed form with the text for each section of the website and the list of required images to the following address: support@dazeubuilder.com. Dazeu builder undertakes to deliver a single project of the commissioned website to the Client within 15 working days from Dazeu builder's acceptance of the submitted material. The parties acknowledge Dazeu builder's right to extend the delivery deadline by up to 30 working days if it deems it necessary, at its sole discretion, to discuss the received textual or graphic content with the Client. The Client may choose to modify the website delivered by Dazeu builder but may not reject it.

5. Clausola di recesso
5. Withdrawal Clause

The Consumer is informed that, according to this contract, the right of withdrawal is granted within 14 days from its conclusion. In the event that the Consumer decides to exercise this right, they will be entitled to a refund of the amount paid for the service, determined as the difference between the cost of the Dazeu builder Pro service at the time of contract signing and the amount actually paid by the Consumer, after deducting the costs already incurred by Dazeu builder to fulfill the contract. These costs will be quantified based on the information contained in the schedule that will be communicated to the Consumer.

Please note that the withdrawal notice must be sent through the corresponding communication to the email address support@dazeubuilder.com, indicating "Withdrawal from Dazeu builder Express Service" in the subject line. The notice must be sent from the email address provided by the Client at the time of subscribing to the Dazeu builder service.

Furthermore, it is emphasized that withdrawal from the Dazeu builder Pro Service automatically entails withdrawal from the Dazeu builder Express Service.

Lastly, according to this regulation, "additional services" refer to 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 to be legally capable of entering into the corresponding contract and accept the following general terms and conditions of the contract, which, if not expressly regulated, refer to the application of the general terms and conditions of the Dazeu builder Pro Service and, secondarily, to the Italian Civil Code.

Drafting Privacy Policy

Please note that Dazeu builder provides the user with a tool, at a unit cost of €100 (including VAT), that allows for the creation of a customized Privacy Policy suitable for the website, in compliance with current regulations. This service is subject to the right of withdrawal, which can be exercised within 15 days from its subscription by the Customer, commonly referred to as the "Consumer," but only as long as the service has not been delivered.

Once the service has been delivered, it will remain active with a continuous content update function for the Privacy Policy, following any regulatory changes and/or additions/deletions made by the client on the website. The service also includes the inclusion of information on the cookies used and the creation of a checkbox for newsletters and contact forms, ensuring that the end user is aware of the processing of their data and can consent to it.

Please note that Dazeu builder assumes no responsibility regarding the use of data obtained by the Developer.

SEO: Dazeu builder will provide consulting services on the best strategies to optimize the website's search engine ranking, at a unit cost of €249 + VAT. This service is subject to withdrawal within 15 days from its subscription by the Consumer Customer, only until the service has been delivered. The service will be provided through a careful analysis of the requested website, and a report will be sent with the recommended changes to be made to the site. Dazeu builder does not provide any guarantees regarding the level of optimization achievable through this service.

PROTECT YOUR BRAND:

Dazeu builder provides its customers with tools to check the availability of different domain extensions (e.g., .it, .net, .eu, etc.) for their existing domain. This service is subject to withdrawal within 15 days from its subscription by the Consumer Customer, only until it is provided. The cost of registering the chosen extensions is solely borne by the Customer. Since the extension search does not constitute a pre-booking, Dazeu builder assumes no responsibility for the actual availability of the extensions between the moment the search results are made available to the Customer and the moment the Customer proceeds with their purchase.

LOGO SERVICE:
With this service, Dazeu builder offers personalized consultation to improve the logo chosen by the Customer. Please note that Dazeu builder does not provide any guarantees regarding the results the Customer may achieve through the use of the offered service. Furthermore, it is highlighted that this service is subject to withdrawal within fifteen days from the Customer's subscription, provided the Customer is a consumer.

APPLICATION DEVELOPMENT:

This additional service offered by Dazeu builder allows its customers to use the tools to create functioning applications for Android or Apple mobile devices. The cost of the service is €49.00 + VAT per year and must be paid at the time of subscription. In the event that the Customer is a consumer, they have the right to withdraw within fifteen days from the subscription. In such case, all created applications will be deleted.

It is specified that Dazeu builder assumes no responsibility for the proper functionality and content of the application compiled by the Customer. The Customer remains solely responsible for any warranties that may be required by third parties for the use of the application or its contents. The Customer will also be liable to compensate Dazeu builder for any damages that may arise from the creation or distribution of the application created through this service.

Finally, Dazeu builder reserves the right to delete, even temporarily, applications that are subject to reports from third parties (public authorities, private individuals, associations) regarding the legality, morality, and/or appropriateness of the content, purpose, and/or use of the applications created through this service.

MARKETING CONSULTING: With this service, Dazeu builder offers social marketing consulting, which includes a series of recommendations on strategy, content, and products to be published on social media. However, Dazeu builder does not provide any guarantee regarding the results that can be achieved through the use of the service. Nonetheless, its extensive experience in the field represents a reliable indicator of the communication strategies developed for the Client's needs. The pricing for this service is available upon request and is priced at €100 + VAT per hour.

SOCIAL MEDIA MANAGEMENT: This service includes the production of 3 posts per week on one of the following social media platforms: Facebook, Instagram, or TikTok. Dedicated editorial plans are designed to enhance communication and achieve the set objectives.

Dazeu builder will formulate a personalized proposal with a customized price based on the specific needs of the Client.

VIDEO PRODUCTION:

At the unit cost of €800.00 + VAT, plus travel expenses, a representative from Dazeu builder will conduct an interview with the Client and record their company for the production of a one-minute promotional video. The rights related to the use of the produced video will be transferred from Dazeu builder to the Client upon unconditional acceptance of its delivery, which will be provided through streaming. Dazeu builder does not provide any guarantee regarding the intellectual property and exploitation rights of the images requested by the Client. Furthermore, Dazeu builder reserves the right to use the produced videos for its own commercial purposes.

TRANSLATION:

At the unit cost of €500.00 plus VAT, Dazeu Builder offers its Clients a translation service for website pages into the most commonly used languages, such as Italian, French, English, Spanish, etc. The content to be translated must not exceed a maximum limit of 6,000 words.

FOR FURTHER INFORMATION CONTACT US:+39 0832 825321