Terms & Conditions

These Terms and Conditions (“Agreement” or “Contract”) constitute a legally binding agreement between the user (“User” or “you”) of the SEO Tester Online services owned by Quarzio srl, a company based in VIA GIUSEPPE MAZZINI, 47 , ACI SANT’ANTONIO, (CT), 95025, Italy, CF / P.IVA 05395980872, [email protected] and SEO Tester Online (“Quarzio”, “noi”, “la Società”, “il Servizio”).

Please ensure that you fully understand the contents of this agreement. Should you have any doubts about any of your rights and obligations resulting from the acceptance of this agreement, please contact us or request legal support in this regard.

TO USE OUR SERVICE YOU MUST ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU MUST STOP THE REGISTRATION PROCESS AND DO NOT USE OUR SERVICES.

DEFINITIONS

Terms and conditions (or Terms)

These Terms and Conditions, which constitute a legally binding agreement between the User and the Company.

Order processing receipt

Indicates the email sent by SEO Tester Online upon receipt of the Order.

Order confirmation

Indicates the email that SEO Tester Online sends as confirmation of the order when the purchased products / services or parts of them are activated.

Cancellation request (example)

Addressed to SEO Tester Online [using complete contact information]: The undersigned (*) expresses his / her wish to cancel his / her contract with reference to the service (s) (*), signed on (*), name of the customer (s), address (es), date.

Model

Each document model for compliance with the legal requirements for websites, mobile applications or other software used by the User (eg templates for privacy policy, cookie rules, terms of use etc.).

Service

The services offered by the user to the user through www.seotesteronline.com, it.seotesteronline.com, suite.seotesteronline.com, help.seotesteronline.com and other domains and subdomains directly connected to it.

User

The natural or legal person who, within the sphere of his activity, uses the Products or Services provided by the Company.

Website

The website www.seotesteronline.com or its subdomains (for example but not exclusively: it.seotesteronline.com, suite.seotesteronline.com, help.seotesteronline.com)

Additional services

All additional services purchased by a Subscriber or User in addition to those already included in a subscription.

API

Application programming interface.

Key API

Akey provided to users by the company to allow access to an API.

Beta features

New features or test features added to the service by the company in incomplete or beta form.

Rates

Indicates any fees due from a Subscriber for the purpose of gaining access to all or part of the Site and the Service.

“Free User” or “Free User“

Anyone who uses the free aspects of the Site or the Service and does not pay the fee.

Initial subscription

term This is the initial term for which a subscriber subscribes to the service.

Intellectual property rightsintellectual

Allproperty rights, including patents, trademarks, database rights, design rights and copyrights (including rights in computer software) (regardless of any of these rights are recorded and including applications and the right to apply for the registration of such rights) and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of them that may exist worldwide for the full duration of these rights and any renewal and / or extension of them.

Normal working hours

It means from 10:00 to 18:00 in reference to the geographical location IT (Italy), from Monday to Friday.

Subscriber

Indicates who pays for paid services.

User data

Indicates the data provided by a user as part of their use of the service.

Users

Both free users and subscribers.

1. SERVICES

1.1. Definition.

The “Services” consist of a series of online marketing tools and management tools for search engine optimization (“SEO”), for social media and digital marketing that can be used via https: //www.seotesteronline .com and https://suite.seotesteronline.com (the “Website”), which includes tools for research and analysis, link building, campaign management, automated tracking of search engine performance, tracking of analysis and conversion and reporting, tools for content and contact management.

Among other things, the Service allows Users to:
a) conduct online advertising campaigns;

b) obtain information related to the performance of theircampaigns
advertising;

c) generate reports and analysis of web pages or advertising campaigns;

d) access an extensive range of resources, including but not
limited to, an online platform and its APIs.

The Services are available only to users: They

• are human (not bots) and have at least 13 years of age, and for registered users and / or subscribers who are at least 18 years of age or in any case according to what is established by the table reported in point 2.3 .;
• Who have given truthful information on the registration profile;
• With a valid email address.

1.2 Changes.

The company reserves the right to change the terms or specifications of each Service at its complete discretion, with or without prior written notice to the User, modifying the text of this Agreement or the descriptions and specifications of paid subscription plans on the Website or through written communication to Users. Any change will take effect immediately unless otherwise provided for in the change notification.

If any of the provisions are unacceptable to you, your only option is to break off your relationships with SEO Tester Online. Continuing to use the Services following our notification or modification will constitute tacit acceptance of the Agreement, as issued.

At the bottom of this agreement you will find the previous valid versions of this agreement.

1.3. Additional Services.

Unless explicitly stated otherwise, any new feature that enhances or enhances the current offer of Services, including the release of new or integrated SEO Tester Online tools, will be the subject of this Agreement.

The Subscriber may, from time to time, purchase Additional Services. The Subscriber notifies the Company of the intention to purchase an additional service. The Company will evaluate this request for Additional Services and will respond to the Subscriber by approving or rejecting the request. If the Company approves the subscriber’s request to purchase Additional Services, the Subscriber will pay any additional charges by credit card, bank transfer, or other method agreed between the parties.

1.4. API services.

The Company may provide free or paid APIs with its proprietary data. All data associated with this API is the Company’s owner. If users publicly view the proprietary data associated with a free API, they must from time to time comply with the linking and attribution guidelines shown on the Site. It is possible to access an API through an API key granted to users not exclusively by the Society. Users agree to keep their API key confidential and not to share it with third parties. This license is personal and granted to users. Users agree that they will be personally responsible for using their API key. All access and activities of any kind, including transactions, payments or losses made or caused by a User API key are the responsibility of the user. Users acknowledge and agree that the Company can rely on such access through the API key as done by the User to whom the license is granted, regardless of whether users have authorized others to use it. The Company reserves the right to suspend or terminate access to a free API at any time and for any reason, with or without cause. If a user’s access to the API is suspended or terminated, the User agrees not to have any rights connected to this API and will not be entitled to any remuneration or compensation of any kind.

1.5. Support.

The Company, within the scope of the Service and at no additional cost to the Subscriber, will provide the Subscriber with standard customer assistance (via email) during normal working hours. To the extent that the Subscriber requests customer service outside normal working hours, additional fees may be due for this which will be agreed with the Subscriber.

1.6. Right to use the Services.

SEO Tester Online with this agreement grants the User the permission to use the Services and the Website exclusively as provided by this Agreement and in the manner arranged on the Website. In the event of a conflict between the terms of this Agreement and the Website , the terms of this Agreement will prevail. Any use of the Services other than as set forth in this Agreement, or in violation of any term of this Agreement will result, in our sole discretion, in the suspension or revocation of your usage privileges.

1.7. Suspension and Termination of Services.

Despite anything stating or implying the contrary in this Agreement, SEO Tester Online may at any time, without departing from its other rights to this Agreement, or applicable law or any other, suspend or terminate any or all of the Services, with immediate effect starting from the issue of a notification to the user through the contact information provided during registration. This suspension or termination can be applied, if the case occurs, and in relation to specific jurisdictions, lines of business or any other thing or to specific Users or groups of Users. Notwithstanding the foregoing ruling, only in the respect of the paid Service Users, if reasonably possible, these Users may be granted up to 30 days after notification of suspension or termination of their User accounts to make a backup of the data collected in their accounts before they are removed entirely from our services.

1.8. Third-party services.

SEO Tester Online reserves the right to use services provided by third parties in the provision of all or parts of the Services including, but not limited to, hosting providers, payment services, information and communication services, analysis services, platforms of advertising, platforms and providers of advertising services, databases, public and private APIs. For each of the services mentioned above provided by third parties, the User may be subject to the terms and conditions of such third parties. SEO Tester Online assumes no responsibility for the services offered by third parties.

2. REGISTRATION AND ACCOUNT

2.1. Use of the Service.

You can use the Service either as a registered User or as an unregistered User. Notwithstanding this, you must not use the Services, either as a Registered User or as an Unregistered User if you are not of legal age to sign a contract under your jurisdiction or if you do not have the authority to accept this Agreement. By registering as a User you will be able to benefit from Services that are not open to unregistered Users.

2.2. Acceptance.

By using the Services, you accept the terms of this Agreement and authorize us completely to obtain, process, store, use and transmit your personal data in accordance with our Privacy Policy and our Cookie Policy, which are an integral part of this Agreement .

2.3. User Information.

In order to use the Online SEO Tester Service and to access the service, you must:
1) be 18 or over, or be 13 or over and provide the
consent of a parent or guardian to the Agreements by email to
[email protected] (unless otherwise stated in the
table below);
(2) have the authority to sign a binding contract with us and
not be excluded from it under the laws in force;

3) that your use of the Services does not violate anyor
applicable lawregulation;

4) be resident in a country where the Service is available.

The user also promises to provide SEO Tester Online with true, accurate and complete registration information, and agrees to keep it in that state at all times.

2.4. Registration; Payment.

To register as a User, you must create a User account on the Website following the registration procedure and instructions provided. There are no costs to creating a user account on SEO Tester Online. Notwithstanding this, to access certain paid Services features, you will be required to provide billing information. As a subscriber user, you agree to promptly notify any changes to your billing information and data and to associate a valid payment method with SEO Tester Online.

2.5 Registration & Password.

You are the one and only person responsible for maintaining the confidentiality of all information necessary to access and operate with your SEO Tester Online User account, including, but not limited to your User ID, password, or security question / phrase when applicable.

2.6. User responsibility.

You are responsible for using the Services and:

1. maintaining the security of your User account and all activities performed with it;
2. keep your account information accurate at all times, including a valid email address and payment information, updating this information if and when necessary;
3. obtain access to the Services, even if this access could involve costs applied by third parties (such as your internet service provider);
4. obtain and keep all the equipment, software and hardware necessary to access the Services.

2.7. Prohibited Uses

You are expressly prohibited from using the Services in the following ways or for each of the following purposes:

• Illegal purposes.
  You must not use the Services for illegal or unauthorized purposes, including in any form copyright infringement or other laws applicable in Italy or in your country.

• Tampering.
  You must not use the Services in any way that could damage the Services, access, or use of the Services by anyone else. You don’t have to upload or transmit viruses, or any other kind of malicious code. The restriction in this Section applies to any use that may interfere or may attempt to interfere with the normal operation of the Services, including hacking, deletion, tampering or alteration of the Services.

• Required Permissions.
  You must not, without our prior written consent, rent, release or sublicense, except as specifically stated in your subscription plan, (i) copy, distribute (including parts of our Services or our Website), modify, increase, translate, reproduce, sell, resell, sublicense, rent, rent, lease or any other attempt to exploit the Services or any other data contained in them; (ii) decompile, disassemble, reverse engineer, or any other attempt to discover the source code; (iii) implement executions deriving from the Services; (iv) remove, obscure, or alter copyright notations, trademarks, or any other notice of property rights posted, contained or accessible in combination or through the use of the Website or Services; (v) modify other websites in order to falsely imply that they are associated with the Services, with SEO Tester Online or with any other SEO Tester Online product or service; or (vi) provide the Website or the Services or any other usable part to third parties in the form of services or in the form of outsourcing or in any other form of commercial sharing, data processing or any other use of third party SEO products or services Online Tester.

• Requests.
  You agree not to make (i) more than 10 requests for 1 second from a single IP address, (ii) more than 10 simultaneous requests from 1 User, or (iii) more than two simultaneous export requests;

• Automatic requests.
  All automatic requests are prohibited.

2.8. Special access and testing.

If you have been invited or you have clearly been given access to beta testing of new tools and resources, even if not yet made available to our users in a public way (“beta” or “private beta”), you must not assume or expect the continued availability of these new tools or resources. Any access to the tools and resources in the beta test phase is conditioned by your acceptance of the current confidentiality agreements on each new instrument, information and resource or on your experience of use, with third parties.

2.9. Assignment.

A User cannot and must not assign, transfer, exchange, merge or swap all or some of his rights or obligations under this Agreement, so this applies to his User account, without the prior express written consent of SEO Tester Online. Any violation of the following restrictions will be punished with immediate cancellation of the User account. For changes of access, in the case of company subscriptions to the Services, we may request a detailed explanation of the changes, as well as confirmations of use and other reasonable information or relevant documents.

2:10. Cancellation of Registration.

You can cancel your User Account at any time. Please note that deleting your account will result in the deletion of all your data and information stored in the SEO Tester Online services and SEO Tester Online will not be liable for any loss of data or information. All payments made before the cancellation of the registration will be due and requested, until full payment, despite the cancellation of the registration. If it is not possible to forward the cancellation request directly through the website, we ask you to write an email to [email protected] asking to proceed with the cancellation of your User Account and all the information connected to it.

2:11. Cancellation by SEO Tester Online.

SEO Tester Online reserves the right to cancel any User account for abusive or fraudulent activity, for failure to comply with the provisions of this Agreement, or for any other reason at the sole discretion of SEO Tester Online.

3. Costs and Payments

3.1. Service costs.

For access to paid services, users will be charged for the costs reported in the relevant section of the SEO Tester Online site, available at: https://it.seotesteronline.com/prezzi/ or as offered in other parts of the Website in the case of particular subscription plans (“Costs”). Costs, unless explicitly shown during the purchase process of a subscription plan and followed by a confirmation, exclude value-added taxes and any other additional taxes or other taxes, charges or duties that could be imposed in connection with some or with all payments made or due below and must be registered and duly declared for the User if necessary

3.2. Promotional Gifts.

In some cases we may offer promotional gifts and services, subject to specific rules that we will announce in time for each promotional gift. Users will be solely responsible for paying all taxes that may arise as a result of their winning promotional gifts. Furthermore, only to the extent required by applicable laws, users agree to submit duly completed tax forms to enable us to carry out all necessary investigations requested by the tax authorities.

3.3. Codes and other offers.

For users who have purchased or received a code, a gift card, a prepaid offer or another offer provided or sold by or on behalf of SEO Tester Online for access to a paid subscription (“Code”), such access to the Service may be subject to separate terms and conditions presented together with the Code, and users agree to abide by these terms and conditions.

3.4. Test periods.

From time to time, SEO Tester Online or other companies operating on our behalf may offer trial periods of subscriptions paid for a specific period free of charge or at a reduced rate (“Trial Period”). SEO Tester Online reserves the right to establish, at its absolute discretion, the suitability of a user for a Trial Period and, under the laws in force, to withdraw or modify a Trial Period at any time without any prior communication and without liability, within the maximum limits permitted by law. For some trial periods, Online SEO Tester requires you to associate a valid payment method to the service.

AT THE END OF THESE PERIODS OF PROOF, WE CAN AUTOMATICALLY START CHARGING THE SUBSCRIPTION FOR PAYMENT APPLICABLE FROM THE FOLLOWING TIME TO THE END OF THE TESTING PERIOD, WITH A CHARGE OF EVERY MONTH OR EVERY YEAR OR WITH ANOTHER DEADLINE AGREED DURING THE SUBSCRIPTION OF THE SERVICE.

BY PROVIDING YOUR PAYMENT EXTREMES AT THE BEGINNING OF THE TRIAL PERIOD, YOU ACCEPT THIS CHARGE THROUGH THESE PAYMENT TERMS.

IF YOU DO NOT WISH TO ACCEPT THE CHARGE, HE MUST CANCEL THE PAYMENT BY PAYMENT APPLICABLE THROUGH THE SUBSCRIPTION PAGE OF YOUR OWN ACCOUNT SEO TESTER ONLINE, OR TERMINATE YOUR OWN ACCOUNT SEO TESTER ONLINE BEFORE THE END OF THE TRIAL PERIOD.

IF YOU DO NOT WISH TO CONTINUE TO RECEIVE MONTHLY OR REGULAR CHARGES, YOU MUST CANCEL THE AUTOMATIC RENEWAL OF YOUR PAYMENT SUBSCRIPTION, APPLICABLE THROUGH THE SUBSCRIPTION PAGE OF YOUR OWN ACCOUNT SEO ONLINE TESTER, OR TERMINATE YOUR OWN SEO ACCOUNT FIRST THE END OF THE CURRENT PERIOD.

SUBSCRIPTIONFEE NOT BE COMPLETED BEFORE THE END OF THE PERIOD ALREADY PAID AND, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, DO NOT ONLINE SEO TESTER REFUND ANY ANTICIPATED COST.

3.5. Cost changes.

We may change the Costs in our sole discretion and / or enter new payments in addition to the Costs by giving prior written notice to Users with a notice of (30) thirty days. Not least compared to what we said, we could increase the Costs, immediately and with a contemporary communication, in the event that: (a) changes occur in the Services or in the Costs of our third-party service providers; (b) changes occur in the Services made under your request; or (c) delays and / or other issues due to failure to fulfill the User’s obligations or due to the User’s request to terminate the relationship for any reason.

3.6. Payments.

Each payment must be paid one month or one year in advance, or as otherwise described on the Website for particular subscription plans, at the User’s discretion by credit card or by any other payment method accepted on the Website or otherwise agreed with us. All the amounts already paid and the plans of the Services will be shown in the User account. Any bank fees and taxes will only be paid by the User.

3.7. Refund policy and right of withdrawal.

We provide a Paid Service against a prepayment. Users can stop using the Services at any time in accordance with the instructions on the Website. The date and time of cancellation of each Paid Service will be the date on which the User completes the entire cancellation process. The consideration paid for the Services may not be reimbursed, reimbursed in full or only in part as reported in this agreement.

The right of withdrawal is a right that allows European consumers to cancel a contract within 14 days of the effective date. Since SEO Tester Online already offers customers 15 days of free trial, our service does not provide for the right of withdrawal in accordance with an exception that applies to digital content providers.

SEO Tester Online does not provide for the right of withdrawal in any European country, however it is possible to cancel the subscription at any time during the 15 days free trial or later.

The law requires us to inform users of the fact that the service does not provide for the right of withdrawal. Therefore, when our customers subscribe in any European country, they agree to waive the right of withdrawal.

Customers are also informed of this exception in the welcome email sent after registration.

The waiver of the right of withdrawal does not affect in any way the other rights guaranteed to consumers and does not affect the possibility of canceling the subscription at any time.

For all circumstances, please contact us during normal business hours by sending an email request to [email protected].

To cancel your subscription, we may need the following information: payment information (name, transaction ID, etc), email address, login name and a brief comment stating your desire to cancel the service.
Only in specific cases and at our complete discretion we may decide to repay your money.

Any refunds will be processed within 10 days of the reimbursement approval. The repayment of the amount will eventually be processed through the same payment method used during the subscription phase.

In the event that we should proceed with a refund procedure we will retain 35% of the sum for administrative expenses, commissions and other charges.

Repeated registrations and / or subscriptions to paid Services and cancellations, followed by requests for reimbursement, by a User could, in our sole discretion, be deemed to have been made in bad faith, and we reserve the right to discontinue the Service and refuse any reimbursement otherwise available for such User.

3.8. Conditions concerning the subscribers.

Subscribers are responsible for selecting the initial subscription term for their subscription from the options available when they register on the site. After the expiry of the initial subscription term, the Subscriber’s subscription is automatically renewed for a period of time equal to the Initial Subscription Term and will automatically continue to be renewed in this way on the expiry of each subsequent renewal term unless it is terminated as stated in the “Termination” clause in section 5.2. The Company has no obligation to notify the automatic renewal to the Subscribers and urges the Subscribers to visit their user profile of their account on the Site to know when their subscription is destined to be renewed. Subscribers will pay the subscription amount and fees in accordance with the payment terms presented at the time of their registration to the service. All amounts reported may not include value added tax amounts, which will be added to all invoices at the appropriate rate. Following the automatic renewal of a subscription by a Subscriber, the fees due for the renewal period will be the same as those due during the previous subscription period. Nevertheless, the Company reserves the right to increase the Commissions for a future renewal period with respect to the non-promotional subscription rate, provided that the subscriber receives a communication within 30 (thirty) days of notification of this increase by e-mail to the email address currently associated with the subscriber’s account.

3.9. Payment method.

A Subscriber may use a preferential payment method among those offered on the Site to pay for the subscription and authorizes the Company to bill such credit card for any amounts to be paid for the Initial Subscription Term and any additional renewal terms. Subscribers are responsible for verifying the validity of the payment method associated with their account or subscription so that it is up to date, that the information sent in connection with it is accurate and that they are authorized to use it. If the Company cannot charge the relevant payment method with the payment method in question, it can cancel the paying User subscription and the latter may lose access to the Service and all data associated with its subscription . Please note that the Company does not store credit or debit card numbers or any other related information, nor does it share the customer’s financial data with third parties.

3.10. Subscriptions invoiced.

Some services can be paid by bank transfer or other payment methods of mutual agreement between the Company and the Subscriber. In this case, additional fees associated with these methods may be applied.

If the Company has agreed to enter into a billing relationship with a Subscriber, all invoices must be paid by the Subscriber within 30 (thirty) days from the date of such invoice. Subscribers agree that if the Company has not received payment within this period and without prejudice to other Company rights or remedies, the Company may (a) without liability to the Subscriber cancel the subscriber’s subscription and deactivate the ‘account entailing the loss of all the data associated with their subscription (b) considering the default interest, calculated on the basis of the law, on all sums due and (c) charging the user for legal costs and for reasonable collection costs arising as a result of the company’s efforts to collect any extraordinary credits and commissions.

4. PROPERTY AND INTELLECTUAL PROPERTY; USE OF THE TRADEMARK

4.1. All rights reserved.

The User is aware of and agrees that all rights, titles and whatsoever, and any intellectual property of any nature and type, is, including, not limited to, and without limitation, patents, copyrights, trademarks, rights related to data as well as moral rights, or rights related to company secrecy or relating to internal negotiations (and any license connected with any of these) registered or unregistered, as well as subject to registration, existing in a specific country or country or in any part of the world, both in reference to the Services, and to the platform used to provide the Services (technology, hardware, software, etc.), any code or software (SDK, API, etc.) that could be provided to the User or for use by the User under this Agreement and all work products created and / or distributed in this document and in the related documentation (constituting the Website and SEO Tester Online Services) are and will be our sole and exclusive property à and / or property of Quarzio srl, of any connected or affiliated licensee. The User is not granted any title or ownership rights on the Website and on the SEO Tester Online services. Your rights to use the Website, services and any part of them are strictly limited by the provisions of this Agreement and we reserve the right to exercise any right in our possession by law even if not expressly expressed in this Agreement.

4.2. SEO Brand Tester Online.

SEO Tester Online® and Quarzio® are trademarks, visual concepts (“DBAs” and “trade dress”) and / or services owned by SEO Tester Online, Quarzio srl and their affiliates and subsidiaries. Any other brand, graphic, icon, name and logo used or shown on the Website are trademarks, visual concepts and / or services in our Brand except for our affiliates and subsidiaries and for any other property that remains with their respective owners, who may or may not be affiliated with, connected with, or sponsored by us and who may be subject to third-party terms and conditions.

The User may not use any meta tag or any other “hidden text” using the aforementioned trademarks, visual concepts and / or services without our prior written consent and those of their respective owners. The User’s right to use the Trademarks is strictly limited in the methods of use indicated and approved by us; this right can be revoked or changed at any time by our (or their respective owners or licensees) unquestionable judgment and discretion.

Users undertake to modify or remove from viewing any kind of material connected to it under our request or under request of the respective owners and / or licensees of the Trademarks. The User is aware of the fact and agrees that the User cannot contest the ownership of the Trademarks on the Website for any reason.

The use or vision of the Trademarks by the User effectively ends within the terms of the following Contract, with the suspension of the Services or through our notification or by notification of one of the owners or licensees of termination of use.

4.3. User Trademarks.

Users through this agreement guarantee us on a global, non-exclusive, unlimited and royalty-free basis the license to use the User’s brand, its name, logo, brand, trade name and service marks as Users “used by” or similar formulas, for informational purposes and for promotion, communication and marketing purposes.  

4.4. Improvements.

The Company may incorporate updates or improvements to the Service. If the Company does so, these updates or improvements will be available in accordance with the Company’s standard release process. The Subscriber may request changes to the Service and the Company may at its discretion decide to provide such changes. If the Company provides any changes agreed with the Subscriber, these changes may be subject to the subscriber paying additional fees (as the Company consents to the Subscriber) and will be made available to the Subscriber as agreed with the Company (even if it is the Subscriber to acknowledge that this may be consistent with the Company’s standard release process).

4.5. Feedback and user-generated content (User generated content).

Users are under no obligation to provide SEO Tester Online with any idea, suggestion, comment or other kind of feedback regarding the Website, Services or business and SEO Tester Online operations. If a user shares ideas, suggestions, comments or other feedback with SEO Tester Online, SEO Tester Online and Quarzio srl become owners of this idea, suggestion, comment or feedback. The user with this Agreement assigns every right, title and renouncement to any interest towards such idea, suggestion, comment or other towards SEO Tester Online and consents that SEO Tester Online can use them for free and implement them, without restrictions or obligations of any other kind, without, among other things, any obligation to do so.

5. CONCLUSION OF THE CONTRACT

5.1. Right of Conclusion.

Each of the parties may conclude this Agreement at any time in its sole discretion with a written communication to the other party if concluded by SEO Tester Online, the news of which must be communicated at least 30 days before the date of conclusion in writing by e-mail notified to a User of a paid Service.

Furthermore, SEO Tester Online may conclude this Agreement at any time and without notice for serious violations of the Agreement, violations of the law or in any other case foreseen by this Agreement.

5.2. Termination.

The Subscriber or the Company may revoke the Terms of Use in writing to the other subject to at least 30 (thirty) days’ notice, such notice will be valid at the end of the Initial Subscription Term or any subsequent renewal term. Each party may immediately terminate these Terms of Use by written notice to the other if the other party commits a material breach of one of his obligations under this Agreement and, in the event of a breach, if the other party fails to remedy within 30 (thirty) days from the date of receipt of the notice by e-mail, in which the violation and request for remedy is specified. Without prejudice to any other right or remedy of the Company, the Company may revoke the Terms of Use or terminate or suspend the Service (in whole or in part) and / or access the Site or the Subscriber’s account with immediate effect upon written notice to the Subscriber if the Subscriber is in violation of any provision or any of the payment terms. At the end of this Agreement for any reason (a) all licenses issued under this Agreement will be terminated immediately, (b) the User will no longer have any right to use the Service, (c) the Company may destroy or otherwise dispose of any User Data or other data relating to a Subscriber in his possession and (d) any obligations or responsibilities for reimbursement of the rights of the parties who have accrued up to the date of termination, including the right to claim damages for any infringement of the agreement that exist at the time of expiration or before the expiration or expiration date are to be considered resolute.

5.3. Reactivation.

In the event that the account of a Subscriber is suspended or terminated and a Subscriber wishes to subsequently reactivate such accounts, such reactivation may be carried out at the Company’s discretion and will be subject to additional fees that may be charged by the Company.

5.4. Effect of the conclusion.

From the conclusion of this Agreement, all rights of the User concerned by the conclusion of the same in respect of the use of the Website and the Services, will terminate immediately.

5.5. Residues.

Following any termination of this Agreement for any reason, all provisions regarding indemnity, warranty, liability and limitations, confidentiality and protection of property rights and trade secrets and all provisions expressly or by their nature are necessary for surviving this resolution to achieve their goal will survive until it is no longer necessary for them to survive in order to reach their goal.

6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

6.1. Disclaimer of liability and warranty.

Without prejudice to the cases expressly prohibited by law, the Services and the Website are provided “as-are” and “as available” and expressly disclaim any guarantee and conditions of any kind, explicit or implicit, including warranties or conditions of marketability , suitability for a particular purpose, title, enjoyment, accuracy or non-infringement. Use of the Service is at your own risk and peril. We do not guarantee that the Services or the Website (a) meet your needs; (b) will be available on an uninterrupted, timely, secure or error-free basis; or (c) they will be accurate, reliable, virus-free or other harmful, complete, legal or secure codes. We also make no warranties or representations regarding the accuracy or completeness of the content on any site linked to the Website. No advice or information, whether oral or written, provided by SEO Tester Online, or by third parties, or through the Service , will give rise to guarantees not expressly indicated in these terms and conditions.

6.2. Limitation of liability.

The user expressly acknowledges and accepts that under no circumstances may SEO Tester Online, its officers, directors, employees or agents, be liable in your or towards third parties for any direct, indirect, incidental, special, punitive or consequential damage or exemplars, including, inter alia, damages deriving from loss of profit, discredit, impossibility of use, loss of data or other tangible and intangible losses (even if SEO Tester Online has been informed of the possible occurrence of such damages ) deriving from:

1. i) use or non-use of the Service or lack of access to its
   contents;
   
   ii) any other circumstances relating to the Service;
   arising from or related to this Agreement, or to any use of the
   Services or the Website.

This limitation of liability also applies in the event of damage
resulting from the use, misuse or inability to use or exploit the Service or arising from the interruption, suspension or termination of the Service (including damage suffered by third parties).

Although SEO Tester Online undertakes all possible efforts to ensure that this Site remains virus free, this condition cannot be assured to an absolute extent and SEO Tester Online declines any responsibility in this regard. We therefore recommend that you take all necessary security measures before downloading information from this Site.

Our liability to all damages arising from or related to this Agreement will always be limited to a maximum of (a) fifty euros (€ 50) or (b) the amounts you paid in the previous 12 months. The existence of more than one complaint will not increase this limit. The foregoing limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction.

6.3. Third-party products and services.

SEO Tester Online does not guarantee, does not support, and assumes no responsibility for any product or service advertised or offered by third parties through the Website or any website linked to a link or linked to any banner or advertising, and SEO Tester Online will not be liable in any way for the monitoring of any transaction between you and suppliers of third party products or services.

6.4. Other jurisdictions.

We make no representations that the Services or the Website are appropriate or available for use in all locations. Those who access or use the Services or the Website from the jurisdictions that prohibit such use, do so at their own will and are responsible for compliance with local law.

7. INDEMNITY

You agree to defend, indemnify and unconditionally release SEO Tester Online and its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to legal fees) arising from: (a) use and access to the Services and the Website; (b) your breach of any term of this Agreement; or (c) your violation of any rights of third parties, including, without limitation, any copyright, property or right to privacy. This defense and compensation obligation will survive the termination of this Agreement and the use of the Services and the Website.

8. MISCELLANEOUS

8.1. Assignment.

This Agreement, any part of it or any right or obligation arising from it, may not be subject to novation, assigned, outsourced or transferred by you without our written consent, but may be assigned by us without restrictions or limitations. Any assignment or transfer in violation of the aforementioned provisions is considered invalid. Without prejudice to the waiver, the provisions of this Agreement will be binding for the benefit of the parties and their respective successors and assignees.

8.2. Major force.

We will not be liable for failure or delay in the execution of our obligations arising from any condition beyond our reasonable control, including, but not limited to, the use of third party equipment or services, failure of communications, action Government, war, acts of terrorism, earthquake, fire, flood or other acts of God, working conditions, power failures and Internet disturbances.

8.3. Competent law / jurisdiction.

Except where otherwise required pursuant to a mandatory law of a member state of the European Union or other jurisdiction, the Agreements (and any non-contractual disputes / claims arising from or related to such Agreements) are subject to the laws of the state or country indicated in the list below, regardless of choice or conflict of law principles.

Furthermore, the user and SEO Tester Online agree to assign to the courts of the following list the competence to resolve any disputes, complaints or conflicts arising from the application of the Agreements (and any non-contractual disputes / claims arising from or related to such Agreements ). (In some cases, this competence will be “exclusive”, indicating that the subject cannot be judged by courts of any other country; it is competent; in other cases, the competence will be “non-exclusive”, indicating that they can be competent also the courts of other countries).

These differences are shown in the following table.

This Agreement and all matters arising therefrom and any disputes arising between the parties in connection with this Agreement governed and interpreted in accordance with the laws of Italy, despite the provisions on the subject of conflict of law, refer to the Court of Catania (CT, Italy) as the only competent forum, with exclusive competence in any legal proceeding arising from or connected with this Agreement, and the User irrevocably agrees to this exclusive jurisdiction. However, this will not prevent the prosecution of any other jurisdiction for injunctive relief or similar.

8.4. Waive the right to class action.

IF PERMITTED PURSUANT TO THE CURRENT LAW, THE USER AND SEO TESTER ONLINE AGREE THAT EVERYONE MAY SUBMIT REQUESTS AGAINST THE OTHER ONLY IN HIS OWN INDIVIDUAL CLOTHES AND NOT AS AN APPLICANT OR MEMBER OF A CLASS ACTION AT ANY CLASS PRESUMED OR REPRESENTATIVE. Except where agreed by user and SEO Tester Online, no arbitrator or judge may consolidate the requests of more than one person or otherwise preside over any form of representative or class proceedings.

8.5. Arbitration.

If the user is located, has offices / offices or carries out activities in a jurisdiction where this Section 8.3. is not applicable, the following mandatory arbitration clauses apply to the user in question.

8.6. Resolution and arbitration of disputes.

The user and SEO Tester Online agree that any cause, complaint or dispute between the user and SEO Tester Online deriving from or relating in any way to these Agreements or to the user’s relationship with SEO Tester Online as a user of the Service (both in based on a contract, wrong, statute, fraud, misrepresentation or any other legal theory and regardless of whether such claims arise during or after the end of the Agreements) will be terminated by mandatory binding individual arbitration. Arbitration is more informal than legal action in court. IN THE ARBITRATION THERE ARE NO JUDGE OR JURY, AND THE EXAMINATION OF THE COURT IN AN ARBITRAL AWARD IS LIMITED. During an arbitration more limited discoveries can be made than in court. The arbitration judge must abide by this agreement and may grant the same damages and provisions of a court (including legal fees), but cannot assign declaratory or injunctive measures for the benefit of third parties other than the parties involved in the arbitration in question. This arbitration clause will survive the end of the agreements.

8.7. Exceptions.

Subject to clause 8.6. the user and SEO Tester Online agree that nothing stated herein may exclude, preclude or otherwise limit our rights, at any time, to (1) take individual action in a court for minor disputes, (2) prosecute enforcement actions through competent federal, state or local agencies where such actions are available, (3) request an injunction from a court, or (4) appeal to a court to resolve a claim for intellectual property infringement.

8.8. Arbitration rules.

The user or SEO Tester Online can initiate arbitration proceedings. Any arbitration between user and SEO Tester Online will be resolved according to the arbitration rules of the Italian Chamber of Commerce currently in force by one or more arbitrators appointed in accordance with the law, as indicated by these Agreements, and will be managed by the Competent Chamber of Commerce.

Any arbitration will be conducted in Italian and, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in such arbitration will be that of the Italian State regardless of choice or conflict of principles of law.

8.9. Presentation timing.

Any arbitration must be initiated by submitting an arbitration application within ONE (1) YEAR from the date on which the complaining party is or should reasonably be aware of the act, omission or lack that gives rise to to this complaint; furthermore, there must be no right to any other remedy for any claims not submitted within this time period. Where the law in force prohibits limiting the period for submitting complaints to one year, any claim must be submitted within the shortest period of time permitted by applicable law.

8.10. Notification; Method.

The party that intends to request an arbitration must first send a written notification of the dispute to the other party by registered certified mail (the signature is mandatory) or, where SEO Tester Online does not have the user’s physical address in its archives, by mail electronic (“Notification”). The address of SEO Tester Online for notifications is shown in the header of this agreement. The Notice must (1) describe the nature and basis of the complaint or dispute; and (2) define the specific provision requested (“Application”). SEO Tester Online undertakes to use every possible effort in good faith to resolve the complaint directly, but in the event of failure to reach such agreement within 30 days of receipt of the Notification, the user or SEO Tester Online may initiate proceedings arbitration. During the arbitration, the amount of an eventual offer of agreement presented by the user or by SEO Tester Online shall not be revealed to the referee until he has made a decision and a final sentence, where relevant. Where the dispute is finally settled by arbitration in favor of the user, SEO Tester Online will pay the user (1) the amount established by the arbitrator, if relevant, (2) the last amount stipulated in the written agreement and offered by SEO Tester Online to resolve the dispute before the referee’s sentence; or (3) 1,000 euros, whichever is the higher of these. All documents and information disclosed during the arbitration must be kept strictly confidential by the recipient and must not be used by them for any purpose other than arbitration or the application of the relative decision and sentence, and must not be disclosed except that on trust to people who have a real need to know them for such purposes or as required by applicable law. Except as required in order to apply the arbitrator’s ruling and ruling, neither the user nor SEO Tester Online shall publicly issue any announcement or comment, nor advertise arbitration, including in a non-limiting form the existence of a dispute between the parties, the existence of arbitration or any decision or judgment of the arbitrator.

8.11. Changes.

In the event of any future changes to this arbitration clause by SEO Tester Online (except for any changes to the SEO Tester Online notification address), the user may reject these changes by sending a written notice within 30 days of the modification date to the SEO Tester Online notification address; in this case, the user’s account at SEO Tester Online will be terminated immediately while this arbitration clause will survive in the form in force immediately prior to the user’s rejection of the changes.

8.12. Applicability.

If the renunciation of the class actions of Section 8.4. proves to be unenforceable in the arbitration, or any part of Section 8. is inapplicable, the section in question will be considered void and canceled, and in this case the parties agree that the seat of exclusive competence described in Section 8.3. will settle any action arising out of or related to the Agreements.

8.13. Electronic notices.

The User agrees to receive communications from us in electronic form. The electronic notifications will be delivered to your e-mail address, used for registration purposes, as it can be subsequently modified by the account settings or through a written communication. All communications in electronic format will be considered “in writing” and received on the day we send them. We reserve the right, but do not assume any obligation, to provide communications in paper format.

8.14. Entire agreement.

This Agreement, together with the Privacy Policy and the cookie policy, constitutes the entire agreement between you and SEO Tester Online regarding the use of the Website and the Services. However, the terms and conditions of some other SEO Tester Online services and products, such as our Blog, the affiliate program, our Webinars, the SEO Tester Online toolbar for browsers and others, may impose additional terms that can be found in the terms and conditions for such services and products.

8.15. Languages.

This Agreement is drafted in the Italian language, which prevails in a binding manner on all its translations into other languages, made by us and provided for your convenience, as applicable. The Service was designed in Italian and its translations into other languages ​​may contain inaccuracies for which we will not be responsible; it is recommended to use the Italian version and to use versions in other languages ​​only for reference and at your own risk. You also agree to have all communications with us in Italian.

8.16. No exemption.

No failure or delay in exercising any right or remedy provided by this contract by one of the counterparties of this Agreement to exercise any right or remedy provided by this Agreement or by law constitutes a waiver of such (or any other) right or remedy neither does it preclude or limit its further exercise. No exercise of this individual or partial right or remedy excludes or limits the further exercise of this (or other) right or remedy; and will not be interpreted as a waiver of any subsequent violations or breaches pursuant to the same or any other provision of this contract.

8.17. Disability.

All the provisions of this agreement are distinct and separable. If one of the provisions of this Agreement (or any part of any provision thereof) is judged by a court or other competent authority as invalid, unenforceable or illegal, this does not affect the operation of this Agreement and such decision does not affect other valid provisions.

9. PRIVACY AND COOKIE POLICY

The use of the Services is also governed by our Privacy Policy and Cookie Policy, whose provisions are adopted with reference to this title, so when we refer to this Agreement, we also refer to the Privacy Policy and the Cookie Policy.

10. CONTACTS

We are also available by phone at +39 327 89 53 647 or by email at [email protected]

Last modification: 12 April 2019

Terms & Conditions – until 11 April 2019