Terms and Conditions – General
These Terms and Conditions govern the sale of services and content on the Site www.audaciainnovations.com its subdomains and web application (hereinafter all understood as “Site”), and regulate their use.
Audacia Innovation S.r.l. with registered office in Via Eumelo 32, 96100, Syracuse, CF/VAT 02062520891, email address legal@audaciainnovations.com (hereafter “Supplier”) reserves the right to change these Terms and Conditions and the Privacy Policy from time to time (for example, as a result of changes in legislation or regulations or in the functions of the Site).
The aforementioned changes will be made known to Users with an appropriate notice and visible at the web address www.audaciainnovations.com/termsandconditions.
The online sale of services and content on the Site is governed by the rules of the Consumer Code Legislative Decree. No.206/2005, the Electronic Commerce Code Leg. n. 70/2003.
The following are the Terms and Conditions applicable to any services and content sold on the Site.
By accessing the Site, users agree to accept and agree to abide by all the conditions contained herein.
1 – Definitions
Supplier: Audacia Innovation S.r.l.
Services: The Provider offers the User high value-added consulting services based on the use of big data and artificial intelligence.
The Services offered are aimed at both artists and record labels.
By way of example and not limitation, the Services may relate to:
- The development of artists’ social profiles in order to increase the number of followers and in general attractiveness of said profiles;
- the development of social profiles also for the purpose of increasing sales and uses on various digital stores of the recordings and videos played by them;
- support to artists and record labels about the correct ways to economically evaluate artists in order to be able to enable the identification of relevant promo-publicity and commercial investments.
User: any individual who purchases the Provider’s services sold through the Site (specifically artists and record labels).
Order: the proposed purchase made by the User through the procedures of the Site.
Registration Form: the Form that Users must fill out to register for the Site and to be able to purchase services.
Credentials: the User name, email and password provided by the User at the time of Registration with the Registration Form, necessary to access the Account and purchase the Services.
2 – Subject
2.1 These Terms and Conditions apply between the Provider and the User who makes a purchase of the Services.
Through these regulations, the aspects concerning the offer and sale of the Services rendered for the benefit of the User are regulated.
Specifically, the Provider, through the input of social media and digital marketing experts, offers a service of data collection and analysis through statistical-informatics programming and predictive models using artificial intelligence systems in order to increase the results obtained and the Services rendered for the benefit of various Users.
Specifically, and depending on the needs of each different User, the Provider may offer its advice through a team of experts for the primary purpose of:
(a) to implement services aimed at the support and growth of Users through specific interventions to that effect on Users’ social profiles;
(b) to implement services aimed at the support and growth of Users on various digital stores and platforms;
c) to identify and assess the market value of artists, through special models developed by the Company itself, in order to make a correct economic assessment of the actual potentials of the artistic project;
d) monitor the growth of the User’s placement on various music streaming platforms and social networks;
e) to prepare strategies and activities aimed at increasing the number of User contacts, fans and in general interest about the relevant artistic project;
(f) to perform any other tasks that are instrumental or complementary to the activities exemplified herein for the purpose of the greatest possible dissemination of knowledge about the User and its artistic project.
2.2 The service can only be accessed by the User who holds a social account and/or on digital stores and provides different packages according to the information to be received, in terms of quality and quantity.
In the execution and performance of the Services, the Company’s technicians will develop some optimized computer programs to download, in an automated manner, the usage statistics of each platform (e.g. of various social media and digital service providers such as Spotify, Youtube, Tik Tok, etc.).
3 – Methods of Access to Services
The procedure for accessing and using the Services will be through:
(a) Access to the Site by indicating e-mail address and password.
When registering, the User will be asked to give certain data such as name, e-mail and a password, which the User will take care to guard, keep secret, use on his/her own and not give away.
The e-mail address given during registration allows the Provider to notify the User of all messages related to the Services and the Site in general.
The use of temporary emails for registration is prohibited. In case of registration in this mode, the Provider cannot guarantee the full operation of services that necessarily require an Instagram business profile.
(b) The signing of appropriate contract with the Supplier.
c) If the specific service agreed with the User provides for it, access to the User’s profile data in the various web platforms, social networks and DSPs, which enable the arrangement by the Provider of the Service itself.
The Provider may require the User to link the Provider’s web platform to the various platforms (social networks, digital stores, audio/video streaming platforms) to which the User is registered. For further clarification, it is specified that the connection and access to the data will take place through official authentication technologies and flows made available by the platforms themselves; in particular, the User will be able to grant, consciously and in a transparent and informed manner, access to the data related to his or her activity on the platforms. It is specified that the Provider will access the User’s data on a read-only basis, that is, it can only be viewed and analyzed by the Provider, and no modification of the content will be allowed by the Provider and/or Users.
It is specified that as part of performing the Services, the Provider may require the User to connect the Provider’s platform to the various platforms (social networks, digital stores, audio/video streaming platforms) to which the User is registered.
4 – Procedure for the purchase of Services
4.1 The User will choose the service to be purchased by opting from the various Service packages offered by the Provider. In the case of registration through the Site, after providing all the required information and choosing the method of payment, the order will be placed by confirmation of the same and will be subject to payment of the price.
By submitting the Order Form, the User acknowledges and declares that he/she has read all the information provided to him/her during the purchase process and fully and unconditionally accepts the Terms and Conditions, as well as having read the Privacy Policy.
The contract entered into between the Supplier and the User shall be deemed to be concluded with the acceptance of the Order by the Supplier and/or the signing of the Order.
Acceptance of the Order will be communicated by the Supplier to the User by means of an email, sent to the email address communicated during the placing of the Order or used for registration to the Supplier’s platform.
The User will be able to download the payment receipt directly from his/her personal area on the Site, the electronic invoice will be transmitted to his/her tax drawer or via PEC.
4.2 The agreed fee for the Services shall be paid by the User in monthly or annual installments in advance.
Specifically, the purchase will follow an automated prepayment procedure on a monthly or annual basis.
Once access to the Services has been obtained, the User will authorize its PSP to make the above automated payment, and in this way the Provider will charge the User the cost of the Service on the day before the beginning of the relevant month (calculated on the first actual, non-calendar day).
In case of non-payment within the terms due, the Supplier may immediately suspend the provision of the Services, by simple pec, racc. a.r. or email communication, until the payment and renewal of the subscription.
4.3 The Provider offers its services on a monthly or annual subscription basis, but also in customizable packages, subject to separate agreement between User and Provider. The features and terms of purchase are detailed on the Site or directly in the contract.
To purchase a subscription, the User must follow the procedure indicated on the Site and enter the required data.
The subscription cost will be charged immediately upon purchase. Subscription automatically renews unless cancelled by the day before the renewal date. If the subscription renewal is cancelled, the User will continue to use the purchased service for the subscription period.
In case the User wants to terminate the service before the subscription expires, he/she should send an email to the following address: customercare@audaciainnovations.com.
In this case, the User acknowledges that any sums already paid will not be returned.
5 – Payment Methods
Upon placing the Order, the User agrees to pay the requested price in advance by:
- PayPal:
If the Customer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or by creating a new account easily and immediately.
PayPal protects buyer information in that no financial information is passed.
A confirmation e-mail from PayPal will be sent with each transaction made by this method. The amount of the order is debited from the PayPal account when the order is taken.
In case of cancellation the amount is refunded to the Customer’s PayPal account.
- Stripe:
Platform that allows you to make and receive payments by rechargeable card or credit card falling under Visa or Mastercard.
- Bank Transfer:
In this case, the Order is considered completed when the Supplier receives the actual crediting to its bank account, which must occur within 2/3 business days of its execution. Past this deadline, the Order will be deemed automatically cancelled. Access to the Service will occur only upon actual crediting of the amount due to the Supplier’s bank account. The transaction can be made to the bank details that will be sent by e-mail.
- Credit and debit cards including but not limited to Visa, Visa Electron, Nexi, Postepay, Mastercard, American Express.
6 – Intellectual Property Rights
All the contents of the Site are protected and safeguarded by current copyright and industrial and intellectual property laws pursuant to and for the purposes of Law 633/1941 as amended and supplemented and Legislative Decree 30/2005 as amended and supplemented.
By way of example and without limitation, the content of the Site must be understood to include: the domain name, trademark, related sub-domains, all text, any graphic and/or text representations in general, photographs, movies.
All intellectual and industrial property rights relating thereto are the exclusive property of the Provider, are reserved to it and are not and will not be transferred or licensed under any circumstances to the User.
Therefore, the User may not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties in any capacity or otherwise use for purposes other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Provider.
7 – Release of Liability
The parties agree as follows:
– The User agrees not to transmit and make available unlawful, copyrighted and any other protected right material, material including trademarks and distinctive signs that the User is not authorized to dispose of, releasing the Provider from any liability in this regard;
– The User exonerates the Provider from any liability for failure to perform or proper performance on time of the services covered by this contract or damage resulting therefrom due to force majeure;
– The User exonerates the Provider from any liability for any technical problems of the computer tools, including those of third parties, necessary for or related to the Service provided in this contract;
– The User releases the Provider from any liability for loss, dissemination or modification of data, and any other type of damage occurring as a result of the actions of third parties;
– The User releases the Provider from any liability for failure to update social profile information due to causes beyond their control and unforeseeable by them;
– The Provider cannot guarantee the User any secure income or results from the exploitation of the subject matter of this contract with express release by the User from any liability in this regard on the part of the Provider;
– that in the event of any kind of dispute inherent in or arising out of this contract for which the Supplier is held liable in any way, the resulting claim for damages, shall not exceed the value of this contract.
8 – Right of Withdrawal
All purchases made from the Site by the User, if a consumer under current law, are covered by the right of withdrawal guarantee.
To exercise this right within 14 (fourteen) working days from the date of conclusion of the contract, it is sufficient to notify the Supplier that you wish to withdraw from the purchase by any explicit statement to that effect (e.g. by registered letter with return receipt, or by e-mail).
The Supplier agrees to pay the amount due within 14 (fourteen) days of receipt of the notice.
Refund of the amounts will be made in the same manner as the purchase.
9 – Changes to the Terms and Conditions
The Provider reserves the right to change these Terms and Conditions at any time by promptly notifying Users.
In this case, the amendments will be effective in accordance with the law, without the need for specific and further approval and in any case after 10 (ten) days from their publication.
If any of the conditions is found to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
10 – Information on the processing of personal data prepared in accordance with EU Regulation 679/2016 (General Data Protection Regulation)
In order to provide the Services set forth in these Terms and Conditions, the Provider will need to collect and process information about you and your profiles.
The type of information that will be collected depends on the Services requested.
In any case, only the information provided by the User when using the requested Services, creating the account, registering to the site, signing the contract, as well as the information related to the analyzed profiles will be collected.
The information and data obtained as a result of the analysis and for the use of the Services referred to in these Terms and Conditions and of which the Provider comes into possession are processed only to carry out a mere analysis of data and information found on the network or to create personalized, exclusive and relevant products to the needs of the User as well as to develop, test and improve the Services offered in compliance with privacy regulations.
The Provider retains the data provided by the User only as long as it is necessary to provide the requested Services. The User is invited to carefully read the information on the processing of personal data (Privacy Policy) made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy) at the following links www.audaciainnovations.com/privacypolicy and www.audaciainnovations.com/cookiepolicy.
11 – Applicable law and jurisdiction
These Terms and Conditions are governed entirely by Italian law.
Any dispute arising in relation to the validity, interpretation, execution and termination between the contracts entered into by the User Consumer with the Supplier will be the exclusive jurisdiction of the Court of the judge of the place of residence of the Consumer (so-called consumer forum) while for the professional User or the company will be the exclusive jurisdiction of the Court of Milan.
12 – Dispute Resolution
Partially derogating from the provisions of Article 11 above, pursuant to Article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) in the event that the User is a Consumer may make use of the Joint Conciliation Procedure (ADR).
Pursuant to Art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer may file a complaint through the ODR platform of the European Union.
13 – Miscellany
For further information of any kind, you can contact the Supplier by e-mail at the following address: legal@audaciainnovations.com.
Pursuant to Articles 1341 and 1342 of the Civil Code, the User declares that he/she has carefully read and expressly accepts all the clauses of these Terms and Conditions.
Terms and Conditions – Audacia Growth
These Terms and Conditions govern the sale of services and content on the Site www.audaciainnovations.com and also of its subdomains and the web application connected to it (hereinafter collectively referred to as the “Site”) and regulate their use .
Audacia Innovation S.r.l. with registered office in Via Eumelo 32, 96100, Syracuse, CF/VAT 02062520891, email address legal@audaciainnovations.com (hereafter “Supplier”) reserves the right to change these Terms and Conditions and the Privacy Policy from time to time (for example, as a result of changes in legislation or regulations or in the functions of the Site).
The aforementioned changes will be made known to Users with an appropriate notice and visible at the web address www.audaciainnovations.com/termsandconditions.
The online sale of services and content on the Site is governed by the rules of the Consumer Code Legislative Decree. No.206/2005, the Electronic Commerce Code Leg. n. 70/2003.
The following are the Terms and Conditions applicable to the Service called “Growth” and the content sold on the Site.
By accessing the Site, users agree to accept and agree to abide by all the conditions contained herein.
1 – Definitions
Supplier: Audacia Innovation S.r.l.
“Growth” Service (hereinafter “Service”): The Provider offers the User high value-added consulting services based on the use of big data and artificial intelligence.
The Service offered is for both artists and record labels.
By way of example and not limitation, the Service may cover:
- The development of artists’ social profiles in order to increase the number of followers and in general attractiveness of said profiles;
- the development of social profiles also for the purpose of increasing sales and uses on various digital stores of the recordings and videos played by them;
- support and advice in order to increase the audience and streaming of artists’ recordings and videos within major digital and DSP stores.
User: any individual who purchases the Provider’s Service sold through the Site (specifically artists and record labels).
Order: the proposed purchase made by the User through the procedures of the Site.
Registration Form: the Form that Users must complete in order to Register to the Site and to be able to purchase the Service.
Credentials: the User name, email and password provided by the User at the time of Registration with the Registration Form, necessary to access the Account and purchase the Service.
2 – Subject
2.1 These Terms and Conditions apply between the Provider and the User who makes a purchase of the Service.
Through these regulations, the aspects concerning the offer and sale of the Service rendered for the benefit of the User are regulated.
In particular, the Provider, through the input of social media and digital marketing experts, offers a service of data collection and analysis through statistical-informatics programming and predictive models using artificial intelligence systems in order to increase the results obtained and the Service rendered for the benefit of various Users.
Specifically, and depending on the needs of each different User, the Provider may offer its advice through a team of experts for the primary purpose of:
- (a) to implement services aimed at the support and growth of Users, through specific interventions to that effect on Users’ social profiles;
- b) implement services aimed at supporting and growing Users on various digital stores and platforms;
- c) monitor the growth of the User’s placement on various music streaming platforms and social networks;
- d) prepare strategies and activities aimed at increasing the number of User contacts, fans and in general interest about the relevant artistic project;
- e) to perform any other tasks that are instrumental or complementary to the activities exemplified herein for the purpose of the greatest possible dissemination of knowledge about the User and the related artistic project.
In addition to the above services, the Provider may also provide other services upon entering into an agreement in writing.
2.2 The Service can only be accessed by the User who holds a social account and/or on digital stores, and provides different packages based on the User’s notoriety (parameterized and connected to the number of monthly streams on the various digital platforms) and the information to be received, in terms of quality and quantity.
In the execution and performance of the Service, the Company’s technicians will develop some optimized computer programs to download, in an automated manner, the usage statistics of each platform (e.g. of various social media and digital service providers such as Spotify, Youtube, Tik Tok, etc.).
3 – Methods of access to the Service
The procedure for accessing and using the Service will be through:
- (a) Access to the Site by indicating e-mail address and password.
When registering, the User will be asked to give certain data such as name, e-mail and a password, which the User will take care to guard, keep secret, use on his/her own and not give away.
The e-mail address given during registration allows the Provider to notify the User of all messages related to the Services and the Site in general.
The use of temporary emails for registration is prohibited. In case of registration in this mode, the Provider cannot guarantee the full functioning of the Service, which necessarily requires an Instagram business/creator profile.
- (b) The signing of appropriate contract with the Supplier.
- c) If the specific service agreed with the User provides for it, access to the User’s profile data within the various web platforms, social networks and DSPs, enabling the Provider’s provision of the Service itself.
The Provider may require the User to link the Provider’s web platform to the various platforms (social networks, digital stores, audio/video streaming platforms) to which the User is registered. For further clarification, it is specified that connection and access to the data will be through official authentication technologies and flows made available by the platforms themselves.
In particular, the User, knowingly and in a transparent and informed manner, will grant the Provider access to data related to its activity within the aforementioned platforms.
It is specified that the Provider will access the User’s data on a read-only basis.
Therefore, the above data can only be viewed and analyzed by the Provider, thus precluding changes in the content by the Provider and/or Users.
4 – Procedure for purchasing the Service
4.1 The User who purchases the Service will be able to opt between the various packages offered by the Provider.
Specifically, each package, corresponding to different levels, is diversified according to the notoriety of the User (parameterized and connected to the number of monthly streams on the various digital platforms), the duration of the service offered, and the price.
Please refer to Appendix A to these Terms and Conditions for specific regulations regarding the duration, renewal terms and price of each package.
In the case of registration through the Site, after providing all the required information and choosing the method of payment, the order will be placed by confirmation of the same and will be subject to payment of the price.
By submitting the Order Form, the User acknowledges and declares that he/she has read all the information provided to him/her during the purchase process and fully and unconditionally accepts the Terms and Conditions, as well as having read the Privacy Policy.
The contract entered into between the Supplier and the User shall be deemed to be concluded with the acceptance of the Order by the Supplier and/or the signing of the Order.
Acceptance of the Order will be communicated by the Supplier to the User by means of an email, sent to the email address communicated during the placing of the Order or used for registration to the Supplier’s platform.
The User will be able to download the payment receipt directly from his/her personal area on the Site, the electronic invoice will be transmitted, within 12 days, to his/her tax drawer or via PEC.
4.2 The agreed fee for the Service shall be paid by the User in monthly or annual installments in advance.
Specifically, the purchase will follow an automated prepayment procedure on a monthly or annual basis.
Once access to the Service has been obtained, the User will authorize its PSP to make the above automated payment and in doing so, the Provider will charge the User the cost of the Service on the day before the beginning of the relevant month (calculated on the first actual, non-calendar day).
In the event of non-payment within the terms due, the Provider may immediately suspend the provision of the Services, by simple pec communication, email or by instant messaging (by way of example via Whatsapp or sms) to the telephone number associated with the User, until the payment and renewal of the subscription is made.
4.3 Provider offers its Service on a monthly or annual subscription basis, but also in customizable packages, subject to separate agreement between User and Provider. The features and terms of purchase are detailed on the Site, within Appendix A or directly in the contract.
To purchase a subscription, the User must follow the procedure indicated on the Site and enter the required data.
The subscription cost will be charged immediately upon purchase. Subscription automatically renews unless cancelled by the day before the renewal date. If the subscription renewal is cancelled, the User will continue to use the purchased Service for the subscription period.
In case the User wants to terminate before the expiration of the subscription the Service should send an email to the following address: customercare@audaciainnovations.com.
In this case, the User acknowledges that any sums already paid will not be returned.
5 – Payment Methods
Upon placing the Order, the User agrees to pay the requested price in advance by:
- Stripe:
Platform that allows you to make and receive payments by rechargeable card or credit card falling under Visa or Mastercard, and to make deferred payments by relying on other services such as Klarna.
- Credit and debit cards including but not limited to Visa, Visa Electron, Nexi, Postepay, Mastercard, American Express.
6 – Intellectual Property Rights
All the contents of the Site are protected and safeguarded by current copyright and industrial and intellectual property laws pursuant to and for the purposes of Law 633/1941 as amended and supplemented and Legislative Decree 30/2005 as amended and supplemented.
By way of example and without limitation, the content of the Site must be understood to include: the domain name, trademark, related sub-domains, all text, any graphic and/or text representations in general, photographs, movies.
All intellectual and industrial property rights relating thereto are the exclusive property of the Provider, are reserved to it and are not and will not be transferred or licensed under any circumstances to the User.
Therefore, the User may not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties in any capacity or otherwise use for purposes other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Provider.
7 – Release of Liability
The parties agree as follows:
– The User agrees not to transmit and make available unlawful, copyrighted and any other protected right material, material including trademarks and distinctive signs that the User is not authorized to dispose of, releasing the Provider from any liability in this regard;
– The User exonerates the Provider from any liability for failure to perform or proper performance on time of the services covered by this contract or damage resulting therefrom due to force majeure;
– The User exonerates the Provider from any liability for any technical problems of the computer tools, including those of third parties, necessary for or related to the Service provided in this contract;
– The User releases the Provider from any liability for loss, dissemination or modification of data, and any other type of damage occurring as a result of the actions of third parties;
– The User releases the Provider from any liability for failure to update social profile information due to causes beyond their control and unforeseeable by them;
– The Provider cannot guarantee the User any secure income or results from the exploitation of the subject matter of this contract with express release by the User from any liability in this regard on the part of the Provider;
– that in the event of any kind of dispute inherent in or arising out of this contract for which the Supplier is held liable in any way, the resulting claim for damages, shall not exceed the value of this contract.
8 – Right of Withdrawal
All purchases made from the Site by the User, if a consumer under current law, are covered by the right of withdrawal guarantee.
To exercise this right within 14 (fourteen) working days from the date of conclusion of the contract, it is sufficient to notify the Supplier that you wish to withdraw from the purchase by any explicit statement to that effect (e.g. by registered letter with return receipt, or by e-mail).
The Supplier agrees to pay the amount due within 14 (fourteen) days of receipt of the notice.
Refund of the amounts will be made in the same manner as the purchase.
9 – Changes to the Terms and Conditions
The Provider reserves the right to change these Terms and Conditions at any time by promptly notifying Users.
In this case, the amendments will be effective in accordance with the law, without the need for specific and further approval and in any case after 10 (ten) days from their publication.
If any of the conditions is found to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
10 – Information on the processing of personal data prepared in accordance with EU Regulation 679/2016 (General Data Protection Regulation)
In order to provide the Services set forth in these Terms and Conditions, the Provider will need to collect and process information about you and your profiles.
The type of information that will be collected depends on the Services requested.
In any case, only the information provided by the User when using the requested Services, creating the account, registering to the site, signing the contract, as well as the information related to the analyzed profiles will be collected.
The information and data obtained as a result of the analysis and for the use of the Services referred to in these Terms and Conditions and of which the Provider comes into possession are processed only to carry out a mere analysis of data and information found on the network or to create personalized, exclusive and relevant products to the needs of the User as well as to develop, test and improve the Services offered in compliance with privacy regulations.
The Provider retains the data provided by the User only as long as it is necessary to provide the requested Services. The User is invited to carefully read the information on the processing of personal data (Privacy Policy) made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy) at the following links www.audaciainnovations.com/privacypolicy and www.audaciainnovations.com/cookie-policy .
11 – Applicable law and jurisdiction
These Terms and Conditions are governed entirely by Italian law.
Any dispute arising in relation to the validity, interpretation, execution and termination between the contracts entered into by the User Consumer with the Supplier will be the exclusive jurisdiction of the Court of the judge of the place of residence of the Consumer (so-called consumer forum) while for the professional User or the company will be the exclusive jurisdiction of the Court of Milan.
12 – Dispute Resolution
Partially derogating from the provisions of Article 11 above, pursuant to Article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) in the event that the User is a Consumer may make use of the Joint Conciliation Procedure (ADR).
Pursuant to Art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer may file a complaint through the ODR platform of the European Union.
13 – Miscellany
For further information of any kind, you can contact the Supplier by e-mail at the following address: legal@audaciainnovations.com.
Pursuant to Articles 1341 and 1342 of the Civil Code, the User declares that he/she has carefully read and expressly accepts all the clauses of these Terms and Conditions.
ANNEX A
Growth service order form
Package: …………….. (Established at the time of purchase)
Service Duration: …………….. (Established at the time of purchase)
Monthly installment cost: € …… (….. Euro) excluding VAT (Established at the time of purchase)
Total annual cost: € ….. (….. Euro) VAT Excluded (Established at the time of purchase)
By submitting this Order Form, you acknowledge and represent that you have read all of the information provided to you during the purchase process and that you fully and unconditionally accept the Terms and Conditions and have read the Privacy Policy.
The contract concluded between the Supplier and the User shall be deemed to be concluded with the acceptance of the Order Form by the Supplier, which will be communicated to the User by means of an email, sent to the email address communicated during the execution of the Order Form used for registration to the platform.
The User will be able to download the payment receipt directly from his personal area; in the case of entities obliged to electronic invoice, it will be transmitted, within 12 days, on their tax drawer or via PEC.
The subscription cost will be charged immediately upon purchase or in monthly installments depending on the customer’s choice.
Subscription automatically renews unless cancelled within thirty days of the renewal date.
In the event of non-payment within the terms due, the Provider may immediately suspend the provision of the Service by simple pec communication, email or by instant messaging (by way of example via Whatsapp or sms) to the telephone number associated with the User, until the payment and renewal of the subscription is made.
If the subscription is cancelled, the User will continue to use the purchased Service for the subscription period.
In case the User wants to terminate before the expiration of the subscription the Service should send an email to the following address: customercare@audaciainnovations.com.
The User acknowledges that upon the occurrence of the above assumption, any sums already paid will not be returned.
The User acknowledges that this Order Form is made in accordance with the Terms and Conditions of the platform to which express reference is made for the resolution of any issues that may arise in the use and exploitation of the Service
Last revised September 2022
Terms and Conditions – Audacia Stargate
These Terms and Conditions govern the provision of services and content on the Site www.audaciainnovations.com and also of its subdomains and the web application connected to it (hereinafter collectively referred to as the “Site”) and regulate their use .
Audacia Innovations S.r.l. ( “Provider”) reserves the right to change these Terms and Conditions and the Privacy Policy from time to time (for example, as a result of changes in legislation or regulations or in the functions of the Site).
The aforementioned changes will be made known to Users with an appropriate notice and visible at the web address www.audaciainnovations.com/termini-e-condizioni/.
By accessing the Site, users agree to accept and agree to abide by all the conditions contained herein.
Provider of the “Stargate” service (hereinafter “Service”)
Audacia Innovation S.r.l. with registered office at Via Eumelo 32, 96100, Syracuse, CF/VAT 02062520891, email address legal@audaciainnovations.com PEC address pec@pec.audaciainnovations.com
Object of Service
To offer the User high value-added consulting services based on the use of big data and artificial intelligence.
The Service offered is aimed at both artists and record labels and is aimed at increasing the visibility of artists and the productions they create vis-à-vis all those in the recording industry who will join and is carried out by Audacia Innovations completely free of charge.
Audacia Innovations can then create a special page for the User on which to include all insights related to the User’s profiles, accounts and pages (e.g., indicators and metrics from Spotify, YouTube, Instagram, TikTok, etc.), and which the User can integrate at will with other personal content related to his or her artistic activity in order to make it available to music industry professionals (record companies, managers, distributors, music publishers, etc.) who use the Service.
Specifically, The Provider will require the User to link the Provider’s web platform to the various platforms (social networks, digital stores, audio/video streaming platforms) to which the User is registered. For further clarification, it is specified that connection and access to the data will be through official authentication technologies and flows made available by the platforms themselves. In particular, the User, knowingly and in a transparent and informed manner, will grant the Provider access to data related to its activity within the aforementioned platforms. It is specified that the Provider will access the User’s data on a read-only basis. Therefore, the above data can only be viewed and analyzed by the Provider, thus precluding changes in the content by the Provider and/or Users.
Methods of registration and use of the Service
To access the Service, the User must fill out the form provided with his/her personal information (first name, last name, billing information for the purchase of any other services, etc.) those related to his/her artistic activity (links for listening to tracks, links for viewing video clips, etc.) and the contact information of his/her assignees in the case of a User who has contracts with music industry professionals.
The Service can only be accessed by the User who holds a social account and/or on digital stores, especially Spotify.
When registering, the User will be asked to give personal information and a password, which the User will take care to guard, keep secret, use on their own and not give away.
For the purposes covered by the Service, the User expressly authorizes Audacia Innovation:
– To access and acquire the data necessary for the realization of the User’s page and the performance of the Service itself;
– To proceed to update insights and data related to the User’s artistic activity;
– to be able to provide and share the aforementioned data with music industry professionals enrolled in the Service.
The User acknowledges and declares that he/she has read all the information provided to him/her during the registration process and fully accepts the terms and conditions of the Service, as well as having read the Privacy Policy.
The User will remain free to cease using the Service at any time by sending notice to that effect to the email address customercare@audaciainnovations.com.
Intellectual Property Rights
All contents of the Service are protected and safeguarded by the current copyright and industrial and intellectual property laws pursuant to and in accordance with Law 633/1941 as amended and supplemented and Legislative Decree 30/2005 as amended and supplemented.
By way of example only, the content of the Service must be understood to include the domain name, trademark, related sub-domains, all text, any graphic and/or text representations in general, photographs, movies, etc.
All intellectual and industrial property rights related thereto are the exclusive property of Audacia Innovations and therefore the User may not reproduce, duplicate, copy and redistribute, retransmit also to other websites, transfer or otherwise make available to third parties for any reason or otherwise use for purposes other than storage and/or consultation the contents of the Service, without the prior express and formal approval of Audacia Innovations.
Waiver of liability
By accepting the terms of the Service, the User agrees not to transmit and make available any unlawful material, copyrighted material and any other protected right, material including trademarks and distinctive signs that the User is not authorized to dispose of and also expressly releases Audacia Innovations from any liability arising therefrom:
– from any failure to perform or proper performance of the Service or damages resulting from force majeure;
– from any technical problems with the computer tools, including those of third parties, necessary for or related to the Service;
– from loss, dissemination or modification of data and any other kind of damage that occurred as a result of the actions of third parties;
– from failure to update insights information due to causes beyond Audacia Innovations’ control.
It should also be noted that Audacia Innovations:
– shall remain free to temporarily suspend and/or permanently discontinue the Service at any time, upon written notice to the User of such eventuality with a minimum of 7 (seven) business days’ notice and without any claim to the User in this regard;
– cannot guarantee the User secure income or results from the exploitation of the subject matter of the Service with express release by the User from any related liability.
Changes to the terms and conditions of the Service
Audacia Innovations reserves the right to change these Terms and Conditions of Service at any time upon written notice to the User.
Information on the processing of personal data prepared in accordance with EU Regulation 679/2016 (General Data Protection Regulation)
To provide the Service Audacia Innovations will need to collect and process information about the User and their profiles.
Audacia Innovations will only collect the information provided by the User when using the Service to create the relevant page.
The information and data provided for the use of the Service of which Audacia Innovations comes into possession are processed only to carry out a mere analysis of data and information found on the network or to create customized, exclusive and relevant products to the needs of the User as well as to develop, test and improve the Service offered, in compliance with the legislation on the protection of personal data.
Audacia Innovations retains data provided by the User only to the extent necessary to provide the Service.
The User is invited to carefully read the information on the processing of personal data (Privacy Policy) made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy) at the following links www.audaciainnovations.com/privacypolicy and www.audaciainnovations.com/cookiepolicy.
Applicable law and jurisdiction
The terms and conditions of use of the Service are governed by Italian law.
Any dispute that may arise in relation to the validity, interpretation and execution of the activities covered by the Service will remain under the exclusive jurisdiction of the Court of the judge of the place of residence of the User (so-called consumer forum), except in the case of professional User or legal person, in which case the exclusive jurisdiction will be devolved to the Court of Milan.
Miscellany
For more information of any kind you can contact Audacia Innovations by e-mail at legal@audaciainnovations.com.
Pursuant to Articles 1341 and 1342 of the Civil Code, the User declares that he/she has carefully read and expressly accepts all the clauses set forth in these Terms and Conditions.
Last revised November 2022
Audacia Innovation S.r.l
Email: customercare@audaciainnovations.com
© copyright Audacia Innovations 2022