VISITAS FREE AND VISITAS PREMIUM OPTION TERMS AND CONDITIONS
These general terms and conditions (“General Terms and Conditions” or the “Agreement”) define and govern the use of the website “www.visitas.io and the App jointly the(the“App”) (the website “www.visitas.io" and the App jointly the “Site”), owned by Ara S.r.l. (“Visitas”) with registered office in Milan, Corso Magenta 56, 20123, Fical Code/VAT number 10107040965, as well as the services provided through the Site itself (“Services” or individually “Service”) by the user (“Customer”). Registration on the Site implies full and unreserved acceptance of this Agreement. These General Terms and Conditions are to be considered effective and enforceable unless otherwise modified and/or integrated by Visitas on the Site. Any modifications and/or integrations to the General Terms and Conditions shall be understood as known by the Customer as a result of publication on the Site, shall be enforceable from the date of publication on the Site and shall apply to the Service from the date of publication, with the exception of the provisions of Article 11.1 of the Agreement. The latest updated version of the General Terms and Conditions is the version available in the relevant section of the Site.
1. VISITAS SERVICES ON THE SITE
1.1 The Site allows users to create, manage, and share online personal business cards (“Business Card”) quickly and easily, making paper business cards digital.
1.2 Visitas offers customers three different types of services:
- “Visitas Free”: a free service designed for individual professionals. By subscribing to the Free option, the Customer can use the available templates to create their own Business Card. The Customer can then retain, modify, delete, and exchange the Business Card without limitations with other Visitas users, add personalised notes (containing personal and company data, logos, telephone numbers, e-mail addresses, website, etc.), interact with personal contacts, acquire other third-party business cards by converting paper business cards they may have using their camera and/or device library, and create new business cards by manually entering the relevant information.
- “Visitas Premium”: a paid service designed for individual professionals or small businesses. By subscribing to the Premium option, the Customer – in addition to accessing the services of the Visitas Free option – can create statistics on their network, customise their Business Card by importing additional templates, manage one or more personal Business Cards at the same time, and export contacts from the network.
- “Visitas Business”: a paid service designed for large, structured companies. By subscribing to the Business option, the Customer – in addition to accessing the services of Visitas Free and Visitas Premium – can manage an internal company dashboard, integrate the dashboard with the most popular CRM systems, analyse company network performance, request any customised integrations through the Application Programming Interface (API), access assistance and internal training for employees on the Site, provide each User with their own company Business Card, as well as grant employees access to a personal area.
2.1 In order to use the Services, the Customer must register through the App (“Registration”).
2.2 Once the App has been downloaded through the AppStore or Google Play, the Customer must first register by entering: (i) name, (ii) surname (iii) e-mail address, and (iv) a password and clicking on the “Register” button. Alternatively, users can register through Facebook, Google, and Linkedin by entering their details.
2.3 In order to use the Visitas Premium Service, the Customer is required to select a valid payment method accepted by Visitas indicated in the “Payments” section of the App and to pay the activation fee referred to in Article 3.2 below.
2.5 Following Registration, the Customer shall receive an e-mail confirming registration. The requested Service shall be active (“Activation”) upon receipt of the e-mail.
3. FEE FOR SERVICES
3.1 The Visitas Free service is offered by Visitas completely free of charge.
3.2 To use the Visitas Premium service, at the time of registration the Customer is required to pay a fee of Euro 5.99 (“Activation Fee”) to activate the Service.
3.3 Payment of the Activation Fee allows the Customer to use the Visitas Premium Service for one calendar month starting from the receipt of the Activation e-mail.
3.4At the end of the first calendar month following Activation of the Service and for each following month, the Customer shall be required to pay the monthly fee of Euro 5.99(“Monthly Fee”), unless the subscription is otherwise cancelled, withdrawn or terminated. This payment will take place automatically according to the method chosen by the Customer during registration, without prejudice to the right of the Customer to change the payment method at any time by choosing one of the payment methods accepted by Visitas indicated in the relevant section of the App.
3.5 By accepting these General Terms and Conditions, the Customer requesting Activation of the Visitas Premium Service undertakes to pay the applicable Activation Fee and Monthly Fee. Under no circumstances may the Customer decide, unilaterally and for any reason, including in the event of dispute over the Service provided, to provide partial payment of the agreed fees.
3.6 Customers who wish to receive an invoice must provide invoicing information. For invoice issue, the information provided by the Customer at the time of Registration shall serve as proof, which they represent and warrant to be true. This obliges the Customer to hold Veritas free and harmless of any indemnity in this regard.
3.7 Upon payment of the Activation Fee and the subsequent Monthly Fee for each month of use, Visitas shall issue a regular invoice to the requesting Customer on the basis of the information provided during Registration.
3.8 In the event of failure to pay the Activation Fee and/or the Monthly Fee, the Customer shall be unable to avail of the Service offered by Visitas.
4. DURATION, AUTOMATIC RENEWAL AND RIGHT OF WITHDRAWAL
4.1 The duration of this Agreement is fixed for one calendar month, starting from the receipt of the Activation e-mail (“Duration”) and shall be automatically renewed from month to month unless otherwise withdrawn, cancelled or terminated (“Automatic Renewal”)
4.2 The Customer may withdraw from the Visitas Free Service at any time and free of charge by requesting its cancellation through the Site interface (“Withdrawal”).
4.3 The Customer may at any time refuse their consent to the Automatic Renewal of the Agreement in relation to the Visitas Premium Service (“Cancellation”), by notifying Visitas by either: e-mail: firstname.lastname@example.org; certified e-mail (PEC): email@example.com; registered letter with return receipt: Corso Magenta 56, 20123, Milan (MI). In this case, the Agreement shall cease to be effective at the end of the last ongoing renewal.
5. RETAIL CUSTOMER’S RIGHT OF WITHDRAWAL
5.1 A retail Customer, understood as a natural person acting for purposes unrelated to any business, commercial, artisanal or professional activity (“Retail Customer”), may freely withdraw from the Agreement for the Visitas Premium Service within 14 (fourteen) days following Activation of the Service (“Right of Withdrawal”). To exercise the Right of Withdrawal, the Customer is required to send a clear written communication bearing the subject “Exercise of the Right of Withdrawal”, either by: e-mail: firstname.lastname@example.org; certified e-mail (PEC): email@example.com; registered letter with return receipt: Corso Magenta 56, 20123, Milan (MI).
5.2 In the event of exercising the Right of Withdrawal, the Customer shall receive a refund of the Activation Fee received by Visitas without undue delay and in any case within 14 (fourteen) days of receipt of notification of withdrawal pursuant to Article 5.1 above. Unless otherwise agreed, the same payment method used for the payment of the Activation Fee shall be used for the refund; in no event shall reimbursement penalties be applied.
6. DISABLING THE CUSTOMER ACCOUNT
6.1 The Customer may cease using the Services by temporarily disabling their account. If the Customer temporarily deactivates the Premium Service, they shall nonetheless be required to pay the Monthly Fee.
7. REPRESENTATIONS AND WARRANTIES
7.1 The Customer represents and warrants that:
- they have read and understood the General Terms and Conditions;
- they are at least 18 years old and have the capacity to enter into legally binding agreements;
- they shall safely preserve the access data of their Site account;
- they shall not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Site, or Services, or any part thereof for commercial purposes, or reproduce or make any use of the trademarks and logos of Visitas or third parties;
- that they shall not allow third parties to access their Site account;
- they shall not use software or other automatic or manual mechanisms to copy or access the pages of the Site or the content thereof;
- they shall not publish or use false, libelous, or defamatory information;
- they shall not use the Site for the purpose of harassment, stalking, contempt, mockery, humiliation, offence, provocation, violence, or any other purpose that could endanger other customers;
- they shall refrain from any direct and/or indirect use of the Services and the Site in contravention of the law or contrary to the provisions of these General Terms and Conditions and/or those contained on the Site;
- they shall refrain from any direct and/or indirect use of the Services and the Site in contravention of the law or contrary to the provisions of these General Terms and Conditions and/or those contained on the Site; they shall not disseminate viruses, spyware, adware, rootkits, backdoors, trojans, or similar malicious computer software;
- they shall not scan the business card of a third party without the explicit consent of the latter and/or in any case shall not introduce personal data that is not legitimately held through the additional features of the App;
- they shall not scan the business card of a third party without the explicit consent of the latter and/or in any case shall not introduce personal data that is not legitimately held through the additional features of the App; they shall share only the personal data of the persons present in their contact list, who are themselves Visitas users and have previously expressed explicit consent to the sharing of their personal data through the Site;
- they shall provide all the specifications and information requested by Visitas in the event of failure and/or malfunction;
- they act in full autonomy and independently of Visitas;
- these General Terms and Conditions do not create any relationship of collaboration, agency, association, intermediation, or paid employment with Visitas.
The violation and/or inaccuracy of any or all of the representations and warranties contained in Article 7.1 may, where verified by Visitas, result in the suspension or blocking of the use of the Site, the termination of the Agreement, and render the Customer liable under the provisions of Article 8 below.
7.2 Visitas represents and warrants that:
- (I) it is a legal person duly constituted and existing under Italian law and possessing all the powers and authorisations necessary to conduct its business;
- (II) it is duly vested with all the powers and abilities to enter into and execute these General Terms and Conditions and to perform all operations mentioned herein.
8. EXCLUSION OF WARRANTY
8.1 The Site is provided “as is” and “as available”, without any explicit or implicit guarantees of any kind on the part of Visitas, which does not provide any guarantee as to whether the Site shall meet the needs of the Customer.
8.2 Visitas does not guarantee that the Site will not operate uninterrupted or error-free. Visitas undertakes to correct, modify, improve, and make any other changes to the Site, at any time, including as a result of technological evolution.
8.3 Visitas makes no representations regarding the suitability of the Site or any other information provided through it, and is not liable for any errors, or for any information received through the Site.
9.1 The Customer is solely liable for all activities that occur within the scope of their personal account on the Site and with respect to the contents of the Business Card. The Customer understands and accepts that any activity performed using the Customer’s login credentials to the Site shall be deemed to have been performed by the Customer. The Customer also understands and accepts that they are solely liable for any business card scanned by themselves, and/or for personal data referable to third parties, even if entered manually by the Customer through the use of the Site or transited and/or stored on the Site.
9.2 Visitas is not liable for the completeness, accuracy and/or adequacy of the data entered by the Customer. The Customer is therefore required to evaluate and verify the contents in all their parts, being the only person liable for the accuracy of own data and those of third parties, as well as for the documents and the results obtained from their use. Visitas assumes no liability for the content and/or correctness and/or completeness of information and/or data recorded and stored through the Site. In the event that the personal data communicated by the Customer are not correct and/or updated and/or truthful, Visitas reserves the right to suspend access to the Site.
9.3 The Customer undertakes to promptly inform Visitas at the addresses referred to in these General Terms and Conditions in cases where there is reason to suspect that the Customer’s Business Card has been shared by third parties without prior consent.
9.4 The Customer shall not make any claims or requests against Visitas for damages suffered as a result of and/or in connection with the suspension and/or interruption of access to the Site connected with and/or resulting from maintenance, updating operations to the Site itself.
9.5 Visitas is not liable for delays, malfunctions and/or interruptions in the performance of these General Terms and Conditions due to events not directly attributable to Visitas, including but not limited to unforeseeable circumstances or force majeure, negligence, or improper use by third parties or the Customer, or non-compliance with or violation of laws attributable to the Customer, including the rules on the protection of personal data.
10. SUSPENSION AND TERMINATION OF SERVICES
10.1 Access to the Site may be temporarily suspended in the event of technical problems or to carry out maintenance
10.2 Likewise, access to the Site may be temporarily suspended to allow Visitas to make improvements and/or changes to the Site and Services.
10.3 Visitas also reserves the right to terminate, in whole or in part, the provision of the Services at any time and with reasonable notice.
10.4 Notification of suspensions and interruptions of the Services referred to in points 10.1, 10.2, and 10.3 above shall be provided on the Site in a timely manner.
10.5 If the Customer violates the General Terms and Conditions or the applicable legal provisions, Visitas reserves the right to suspend or close the Customer’s account at any time and without notice.
11. UNILATERAL MODIFICATION OF THE AGREEMENT
11.1 Visitas reserves the right to modify this Agreement at any time, including the right to amend the Monthly Fee and the Activation Fee for the Visitas Premium option. It is understood that such modifications shall apply to the Customer starting from the expiry date of the requested Service and shall apply for the subsequent Automatic Renewal(s).
11.2 In case of non-payment of the Monthly Fee, Visitas reserves the right to immediately suspend the performance of the Services referred to in this Agreement without prior notice, without prejudice to the right to obtain payment of expired and unpaid fees by the Customer in relation to Services already provided.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All Visitas figurative or word trademarks, and all the other signs, commercial names, service marks, word marks, commercial words, illustrations, images, as well as - by way of non-limiting example - technical data, algorithms, software, or interface are and remain the exclusive property of Visitas or its licensors (“Visitas Intellectual Property Rights”).
12.2Visitas Intellectual Property Rights may not be used without the prior written consent of Visitas.
12.3 No sign contained on the Site may be used without the prior written consent of the owner of the same.
13.2 Where Visitas processes personal data on behalf of other controllers, it shall act as the processor. In this case, the Customer acknowledges and accepts that, by using the Services, they appoint Visitas as the processor. For more details, please consult the relevant page.
Visitas may at any time transfer to third parties, in whole or in part, the rights and obligations arising from this Agreement, while the Customer’s right to transfer the Agreement is excluded.
15.1 Any tolerance by Visitas toward Customer behaviour in violation of any provision of the General Terms and Conditions does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfillment of all the provisions of said General Terms and Conditions.
15.2 Failure or delay in exercising a right attributable to Visitas under the General Terms and Conditions does not represent renunciation of the same.
16. INVALIDATION, NULLITY AND PARTIAL EFFECTIVENESS
If any term or other provision of these General Terms and Conditions is declared null, void, or unenforceable, all other conditions and provisions of these General Terms and Conditions shall nonetheless remain fully valid and effective.
17. COMPLAINTS, INFORMATION AND COMMUNICATIONS
17.1 The Customer can request information and/or send complaints regarding the Services and/or the Site to firstname.lastname@example.org.
17.2 Any communications from Visitas, other than those published directly on the Site, shall be sent to the Customer via the e-mail address provided during the Registration process or subsequently modified
18. APPLICABLE LAW AND JURISDICTION
18.1 These General Terms and Conditions are governed by Italian law.
18.2 Should the Retail Customer or Visitas intend to appeal to the ordinary judicial authority, the jurisdiction is the place of residence or domicile of choice of the Retail Customer, mandatory under Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
18.3 Should the Customer not qualify as a retail customer, all disputes relating to and/or howsoever connected to these General Terms and Conditions, their interpretation, performance and/or resolution, shall be the exclusive jurisdiction of the Court of Milan.
19. ONLINE DISPUTE RESOLUTION FOR RETAIL CUSTOMERS
A Retail Customer resident in Europe, for the non-judicial resolution of any dispute relating to and/or deriving from contracts for the sale of goods and supply of services agreed online, can use the platform established for this purpose by the European Commission and available at the following link: https://ec.europa.eu/consumers/odr/.