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Condizioni del servizio
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Condizioni del servizio

Through Services ("Services"), Dove Communication with the brand Sagendo ("Sagendo") provides you as a company or as an individual, (“Customer”) a variety of tools and resources, namely access to a web-based email marketing application (“Software”).  The Software resides on the Sagendo servers and its associated suppliers, and includes the ability to manage and track end-user accounts, and the ability to collect website visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This Service or Software may not be used for the sending of unsolicited e-mail (referred to as "spam"). See our Anti-Spam Policy. The following are the terms and conditions for use of the Services or Software. You represent, covenant, and warrant that you and any user you may delegate access to the Software to, will use the Services or Software only in compliance with the Agreement and all applicable laws.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by Sagendo, and any guidelines, rules or operating policies that Sagendo may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the Sagendo web site www.Sagendo.com (the "Website"), or otherwise providing notice to you, Sagendo may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services or Software at its sole discretion.

1.2 The Software is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services. You also certify that, if you are entering into this agreement on behalf of a corporation, that you have the authority to bind the corporation to this agreement, and that in subscribing to the Services, you hereby do so.

1.3 The Services enable web sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.

1.4 The Customer hereby agrees to subscribe to the Services which grant the Customer access for 12 months beginning on this purchase date (Initial Term).

1.5. Customer agrees to pay a recurring monthly subscription fee as selected by the customer from available pricing plans, as posted on the website, plus any additional, recurring or non-recurring items specified during the ordering process at the Website, plus applicable sales taxes. Customer may upgrade their subscription plan at any time, by completing an order to do so at the Website.

1.6 Customer agrees to be charged for a minimum monthly email send volume corresponding to their subscription plan on the monthly anniversary day of the purchase date, every month for the term of the contract. The monthly subscription rate is billed six months in advance. Any sends over and above the monthly minimum will be charged at the rate of Euro 15,00 per 1.000 emails sent to the Customer on the 1st day of the month, for the month in arrears.

1.7. Customer agrees and acknowledges that Customer is responsible for controlling access to the Software and retains responsibility and liability for any and all usage of the Software, as well as any campaigns, content and activity.

1.8 Customer agrees to abide by Sagendo’s Anti-Spam Policy. Customer acknowledges that such Anti-Spam Policy is hereby incorporated into the agreement between Sagendo and Customer.  Customer agrees to abide by Privacy Policy. Customer acknowledges that such Privacy Policy is hereby incorporated into the agreement between Sagendo and Customer.

1.9 All prices are subject to change at any time. All fees paid to Sagendo for Services are non-refundable, unless an account is terminated by Sagendo for a reason other than violation of the Anti-Spam Policy. Payment for Services will be made by a valid credit card accepted by Sagendo, unless other payment arrangements have been made between you and an authorized Sagendo representative. You hereby authorize Sagendo to charge your credit card for such amounts according to your service usage. Fees are payable in EURO. If Sagendo is for any reason unable to effect automatic payment via your credit card, you will be notified via e-mail.

1.10 For all accounts, Sagendo reserves the right to delete all email reporting logs older than 60 days (archived or not), after which only summarized mailing data will be available to the user.  After an account has become de-activated due to non-payment or an untimely authorization for payment, Sagendo reserves the right to charge an account re-activation fee.

1.11 You will provide true, accurate, current, and complete information about yourself as requested on the Website. As part of the registration process, you will use an e-mail address and password for your Sagendo account(s). You are responsible for maintaining the security of your account(s), passwords, and files, and for all uses of your account(s) and sub-accounts. Sagendo reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.12 It is understood that Sagendo makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of HTML generation tools available. Sagendo makes every attempt to make sure that all e-mail messages sent through our servers follow e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML e-mail messages, it is expected that recipients of your message using a non-Microsoft e-mail application may have difficulty reading your message. For best results Sagendo recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards.

1.13 Following the Initial Term, this Agreement and the Terms contained herein will automatically renew on an annual basis, unless Customer notifies Sagendo in writing no later than 30 days prior to the end of the current Term.

1.14 Requests submitted to the Sagendo support queue are processed within 48 hours, in the order they are received (exceptions are given to operational issues). Technical support hours of operation are Monday to Friday, 10 am to 5 pm GMT+1. Response times may vary in observance of Italian holidays.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. The Services shall be used for your business purposes. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, or disassembling the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the Services, Software and the Sagendo company names and logos and all related product and service names, design marks and slogans, are the property of Sagendo or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Sagendo. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Sagendo or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you and your end-users will use the Services and Software only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You and your end-users hereby agree to indemnify and hold harmless Sagendo against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services or Software. Although Sagendo has no obligation to monitor the content provided by you or your use of the Services, Sagendo may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 You or your end-users may only use Sagendo for lawful purposes. Transmission or solicitation of any material that violates Italian or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Sagendo. Sagendo may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

2.6 Your customer information will not be shared with any other parties. In addition, Sagendo will not use your customer information for the purpose of sending unsolicited commercial e-mail.

2.7 You will adopt and maintain the Privacy Policy, which may be modified by Sagendo from time to time.

2.8 You or your end-users may not use Sagendo to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.

2.9 You or your end-users may not use Sagendo to send email campaigns that link to or display obscene content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

3. System Requirements

Sagendo can be used in most current PC-based or Macintosh-based internet browsers. A stable connection to the Internet is required to work with Sagendo. Sagendo does not guarantee functionality.

4. Compliance rules for sending e-mail

All Sagendo customers and end-users must follow the rules of the federal CAN-SPAM act and Sagendo's Anti-Spam Policy when sending e-mail through the service. Accordingly, we require the following of e-mail messages sent using the Sagendo Software:

(a) All e-mails must contain a one-click unsubscribe link. Sagendo scans every mailing for the existence of an unsubscribe link. If an unsubscribe link is not detected, the user is informed and is recommended to include an unsubscribe link before continuing.
(b) All e-mails must contain non-Internet contact information of the sender, such as your company's address, or your company's phone number.
(c) All e-mails must state the reason the recipient is receiving the message. For example, "You are receiving this message from ABC Company because you signed up for our e-mail list at www.abc.com."

These 3 guidelines will help ensure that you and your end-users help Sagendo maintain its reputation and white-listing status and whitelisting programs. If at any time your mailing is flagged as SPAM by a recipient, Sagendo reserves the right to cancel your account without notice.

5. Email and Permission Practices

5.1 Every email message sent in connection with the Services must contain an "unsubscribe" link or other mechanism that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Sagendo. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.

5.2 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Sagendo if you have questions).

5.3 You cannot mail to distribution lists, newsgroups, or spam email addresses.

5.4 You are responsible for monitoring, correcting, processing unsubscribe requests within 10 days, and updating the email addresses to which messages are sent through any Sagendo account.

5.5 Emails that you send through the Service may generate abuse complaints from recipients. You are responsible for ensuring that your (customers) email campaigns do not generate a number of abuse complaints in excess of industry norms. Sagendo, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

5.6 Sagendo, at its own discretion, may immediately disable your access without refund to the Services if Sagendo believes in its sole discretion that you have violated any of the email and permission practices listed above, or the Sagendo Anti-Spam Policy.

6. Termination

6.1 You may terminate this Agreement following the Initial Term by sending an e-mail message through the contact form or by sending written notice to Dove Communication, Via Plinio 16, 20129 Milano MI, Italy.  Correspondence must include your first name, last name, and Sagendo username. No refunds will be issued if you terminate this agreement.

6.2 Sagendo may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Sagendo shall have no liability to you or any third party because of such termination. If Sagendo terminates this agreement because you or your end-users violated the Anti-Spam Policy, no refund will be issued.

6.3 Customer agrees and acknowledges that Sagendo reserves the right to suspend or terminate Customer’s access to the Software for non-payment, in the event of a violation of the Terms of Use or Anti-Spam Policy.  Customer agrees that the Software is to be used for permission-based email marketing in keeping with anti-spam laws and regulations. Customer acknowledges that in the event of a suspension or termination, Customer will not be eligible for any refund of fees paid or due.

6.4 Sagendo may delete any of your or your end-users archived data within 20 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

6.5 If you do not log into your account for more than 120 days, Sagendo (at its sole discretion) reserves the right to classify the account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE Sagendo DATABASE.

7. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Sagendo DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Sagendo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Sagendo to use commercially reasonable efforts to adjust or repair the Services or Software.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Sagendo OR ANY OF ITS SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Sagendo ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Sagendo SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Sagendo IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Sagendo TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.

9. Miscellaneous

9.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

9.2 Sagendo and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

9.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Sagendo in any respect whatsoever.

9.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

9.5 The Agreement shall be governed by the laws of Italy without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in Milano, Italy.

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