Terms & Conditions

White Rabbit

GENERAL SERVICE CONDITIONS

1. OBJECTS AND DEFINITIONS

1.1 The present general terms and conditions (hereinafter the “GENERAL TERMS” or the “Contract”) contain the terms and conditions governing the provision of services available at www.whiterabbit.cloud and www.whiterabbitsuite.com (hereinafter the “Platform”).

The GENERAL TERMS are stipulated among you, as the end user of services (hereinafter referred to as “you” or “the User”) and the company White Rabbit S.r.l. Unipersonale, VAT No. 09311120969, with registered office in Monza (MB), Via Bergamo 19, (hereinafter “White Rabbit”, “We” or “the Company”).

These GENERAL TERMS govern and regulate the service provided by White Rabbit to the User through the Platform. White Rabbit is a professional E-Business suite that helps manage content, customers, and data by integrating all the tools needed by the User for functional and effective web marketing.

White Rabbit is divided into different parts, each with its own specific functions.

1.2 In addition to the terms and words defined elsewhere in the GENERAL TERMS, in reference to such, they shall be defined as:

“Subscription” indicates the mode of subscription to the Platform, as defined in Article 3.4.1 below;

“Campaigns” indicates the advertising campaigns that the User can plan and implement through the Platform, synchronising the various categories of the Sections;

“Causes of Force Majeure” include, but are not limited to, causes of force majeure pursuant to and in accordance with the GENERAL TERMS: shortages, strikes, lack of means of transport, war, rebellion or other military actions, floods, fires, lightning, explosions, accidents, power outages, interruptions, malfunctions or overcapacity of telephone or telematic lines, delays or defaults on the part of third-party suppliers of White Rabbit or any other event outside the reasonable control of White Rabbit and which prevents the full and correct fulfilment of the obligations set forth in these GENERAL TERMS thereof;

“Content” refers to all the content uploaded and transmitted by the User to – and by -the Platform, including, but not limited to, any information, data, image, video, audio, file, text, comic, Project, Campaign, Landing Page, Newsletter, Survey, Forms, messages, descriptions and indications provided by the User and uploaded to the Platform;

“Payment” indicates the amount of money that the User pays when subscribing to the Subscription, as referred to in Article 3.4 below;

“Credentials” indicates the username and password selected at the time of registration and linked to the User Profile, along with credentials occasionally assigned by the User to other users selected to access their Profile;

“CRM” indicates the system integrated in the Platform that manages the user profiles which the User has collected during their professional activity and/or who interact with the Sites or the Social Network Pages of the User;

“Effective Date” indicates the date of acceptance of these GENERAL TERMS by the User;

“Intellectual Property Rights” indicates copyright, patents, rights related to designs, inventions, logos, trade names, trademarks, rights to Internet domains and web addresses, rights to databases, data, source codes, reports, drawings, specifications, know-how, production methodologies, trade secrets, semiconductor rights and related topographies, whether registered or unregistered, rights and actions related to unfair competition, applications, and the right to file such applications for the registration or protection of each of the aforementioned rights and any other intellectual or industrial property right referred to in Legislative Decree No. 10 February 2005 No. 30, in Italian Presidential Decree 22 April 1941 No. 633, in the Berne Convention referred to in Decree 20 June 1978 No. 399, and subsequent amendments and addenda, and equivalent or similar forms of protection existing in the world according to regulations applicable from time to time;

“Duration of the Contract” the duration of these GENERAL TERMS, as indicated in Article 8 below;

“Internal Management” sections of the Platform referred to in Article 3.2 below;

“External Management” sections of the Platform referred to in Article 3.3 below;

“Party” White Rabbit or the User;

“Projects” indicates projects – not strictly commercial, but also editorial – that the User can implement and plan through the Platform, synchronising the Sections;

“Profile” personal web page (this section is reserved exclusively for Profile management) of the User on the Platform, for management of the account created upon registration with the Platform;

“Services” indicates the services available to the User on the Platform, as specified in Article 3 below – including all of its subsections – of these GENERAL TERMS;

“Section” part of the Platform dedicated to a particular Service;

“Sites” the websites that the User intends to manage through the Platform, whether owned and/or managed and/or licensed by the User, of which the User has lawful availability to administer;

“Third Parties” indicates third parties, including partners of White Rabbit, with whom the User may establish a relationship by any means through the use of the Platform;

“Ticket” indicates requests for assistance and troubleshooting with regard to Services, which the User ensures to manage matters related to the various Sections, also in collaboration with the other users to whom Credentials have been provided;

1.3 The singular terms have the same meaning for the plural and vice versa. Masculine terms have the same meaning for feminine and neutral and vice versa.

1.4 Any reference, either express or implied, to statutes or legislative provisions shall be deemed as referring to such statute or legislative provision as modified by other provisions (before or after the date of conclusion of this Contract) and shall include any provision, decree, regulation, resolution or other form of secondary legislation deriving from such statute or legislative provision.

1.5 The titles of the articles are indicated strictly for convenience and will not affect the interpretation of this Contract.

2. CONCLUSION OF THE CONTRACT

Please note that by pressing the “Register” button upon registration in the Platform or, otherwise, using the Services, you declare that you have read and expressly accept these GENERAL CONDITIONS. Registration to White Rabbit and the use of Services follow the costs outlined in Article 3.4 below (save the costs of Internet connection, which are borne by the User on the basis of the economic conditions established by his/her operator). If you intend to accept only one of the terms and conditions of these GENERAL TERMS, we respectfully ask that you not use the Services and exit the Platform.

3. WHITE RABBIT SERVICES

3.1 REGISTRATION

3.1.1 The User registers in the Platform by filling out the fields of the registration form and creating his/her Profile, subscribing to the procedures described in Article 3.4 below. Upon registration, the User must provide Company data and/or identify themselves as a freelancer as well as provide contact information, billing information, and any other information indicated as mandatory. These data can be changed at any time through the Account Settings section.

3.1.2 Upon registration and completion of the Profile, the User may start using the Platform. Through his/her Profile, the User may benefit from Platform Services with access to the Platform located in front of a summarising dashboard for certain customisable Services. The User expressly acknowledges and agrees that in order to access the Platform Services he/she must always, and in any case, login with his/her Credentials (the same applies to other users to whom the User provides other Credentials).

3.2 INTERNAL MANAGEMENT

3.2.1 Teams and Users Sections. Within the Teams and Users Sections, the User will be able to create new accesses to the Platform, adjust accesses, and bring users together in specific work teams. Within these sections, you may also check the access history of various users and sort them by assigning tags to them.

3.2.2 Planner, Calendar and To Do List Sections.

1. 1. a) The Planner Section provides an overview of the Campaigns already scheduled and to be scheduled through the Platform. In the Planner Section, they appear on the Campaigns and Projects calendar, new ones may be entered and searched for via the search tool.
   2. b) The Calendar section manages the event calendar, assigns tags to the scheduled items, and searches for them via the search tool. This section also offers the option to organise individual Calendars for the User and any other user with Profile access.
   3. c) The To Do List section shows all the tasks, responsibilities, and duties preferred by the User, along with those of the various users with Profile access and/or individual user teams.

3.2.3 Ticket Section. In the Ticket Section, the User may view all ongoing Tickets, create new ones, and manage them directly in that Section. Tickets already indicated as closed by the User will be stored. Tickets may be categorised by type and priority, they may contain a description and an explanatory title; upon saving, tickets may be assigned to the managing user or group of users.

3.2.4 Notifications Section. In the Notification Section, the User may view the notifications received from the various Platform Sections.

3.2.5 Messages Section. In the Messages Section, the User may view all the messages received and sent by – and within – the Platform (including other users with Profile access), may send new ones, and may manage them directly in the Search Section through the search tool.

3.2.6 Document and Media Manager Section. In the Document and Media Manager Section, the User may upload documents to the Platform, organise them in special folders, and has the option to link that Section with their own cloud storage accounts (including, but not limited to, Google Drive and/or Dropbox).

3.2.7 Help Online Section. In the Online Section, the User will find FAQs for using the Platform, with specific video tutorials (hereinafter the “Video Tutorials”) and thematic and explanatory guides (hereinafter the “How To Guide”) for most Services and Sections; they may also search for needed instructions through the Search Tool.

3.2.8 Settings Sections. Settings Sections are those Platform Sections (marked with a gear icon) characterised by the option of modifying the settings for the respective Service areas, including, but not limited to, Account Settings, Suite Settings, Sites Settings, Social Settings, Planner & Notify Settings, Content Machine Settings, Marketing Tools Settings, Collaboration Tools Settings.

3.3 EXTERNAL MANAGEMENT

3.3.1 Site List Section. The Site List section allows the user to create Sites through Third Party Services (including, but not limited to, WordPress [en.wordpress.com/tos]), a hosting service within the Platform (hereinafter “Hosting”) and to manage all Sites, including management of SEO Analysis.

If the User wishes to link his/her existing Site, he/she may do so by using the appropriate technical tools of the sector (hereinafter the “Connectors”) and by accessing it as an administrator of that Site.

3.3.2 Social Section. The Social Section allows you to link social networking pages and profiles (Facebook, Twitter and Instagram, hereinafter the “Social Networks”) to publish Content, interact with fans or followers and access several automated actions of the Platform. The User, in order to manage his/her Social Section pages, must click on the “Connect your social network” button and access his/her Platform using the appropriate administrator information. In the Social Section, particularly regarding specific posts, the User has the option to open Tickets if needed. The User expressly acknowledges and accepts that the Platform automatically extracts Social Data through APIs.

3.3.3 Content Machine Section. The Content Machine Section allows the User to (i) manage and create editorial plans by creating one or more Contents, including serially within the Platform (hereinafter “Editorial Plans”), in such a way that they are published on the Site, to (ii) find the most interesting and/or relevant content to their interests online, (iii) produce new ones already optimised for search engines and sharing, and (iv) following their publication, to track and enhance the performance of such Content.

Through the Content Machine Section, the User monitors – through specific keywords and/or topics – content and articles that interest him/her, and also identifies sources of interest such as RSS, publishers, or Social Network pages.

The User expressly acknowledges and agrees that the selection of content displayed in the Content Machine Section is entirely dependent on his/her selections and that the system for creating Editorial Plans solely provides ideas and insights selected via an automated online operating method and that the content is derived by automatically translating items. The User expressly acknowledges and agrees that the content is solely suggested by the Platform and that any redrafting and/or publication thereof shall be the sole responsibility of the User, including the mention of any credit from which the content is posted.

3.3.4 Marketing Tools Section. The Marketing Tools Section allows the User to (i) create landing pages linked to their Sites (hereinafter the “Landing Pages”) and surveys (hereinafter the “Surveys”), to (ii) use the tool within the Platform to create, schedule and send information and/or advertising emails (hereinafter the “Newsletters”) to users of the User CRM, (iii) to create forms (hereinafter the “Forms”) and lastly to (iv) send SMSs (hereinafter the “SMSs”). The User has the option to send newsletters using a particular “selection” filter within the CRM (hereinafter the “CRM Filter”, see Article 3.3.5 below): meaning how to make targeted submissions to certain filters of CRM users. The User expressly acknowledges and agrees that the CRM Filter will automatically update (including, but not limited to, the CRM Filter may include all users who have subscribed to the newsletter within the last month, selecting them to receive the so-called  welcome” to the Sites), therefore the User shall never hold White Rabbit responsible for any errors in the selection of users to whom the Newsletter was sent.

The User expressly acknowledges and agrees that he/she shall use the newsletter submission tool only after having demonstrated compliance with the appropriate quality certifications authorising him/her for submission in a field that the User may edit and is automatically registered if the contact comes from a landing page.

3.3.5 CRM Section. The CRM Section collects all User activity and contact information (including Platform users) which, transmitted through Platform algorithms, will allow the User to enjoy various Platform Services, and in particular the Analytics Section of the Platform referred to in Article 3.3.6 below. The CRM Section displays, upon opening, a dashboard with the following Sections present:

1. 1. a) Sales Planning;
   2. b) Opportunities;
   3. c) Help-Desk-Ticket, linked to the Ticket Section mentioned previously in Article 3.2.3;
   4. d) Last Order;
   5. e) Contacts.

In the CRM Section, the User has the option of uploading all of his/her client and/or user data, organising them into groups with the CRM Filter, also in order to study specific Campaigns and/or Projects for such users. Through the CRM Section, the User may also perform deduplication of his/her data to ensure that the same data is not present on the various lists.

The User, through a special panel in the CRM Section, will be able to check important information regarding the protection of personal data, including, but not limited to, (i) how and (ii) when a user has registered with the Sites, (iii) from what IP address and (iv) what consent has been provided (hereinafter the “Privacy Panel”).

3.3.6 Analytics Section. The Analytics Section integrates all the information from the previous Sections referred to in this Article 3.3, providing integrated data between all Sections. The Analytics System usable by the User is provided by the Piwik service and the User expressly acknowledges and agrees that if he/she chooses to use the Analytics Service, he/she will accept and comply with Piwik’s General Terms and Conditions (piwik.org/privacy and Free Software Foundation www.fsf.org).

The User expressly acknowledges and agrees that if he/she decides to use the retargeting e-mail service provided by Piwik, he/she will comply with all applicable privacy policies – with instructions indicated by Piwik- and will in any case hold White Rabbit harmless from any breach that may occur from using such Service.

3.4 PAYMENTS

3.4.1 The User expressly acknowledges and agrees that the Services are available only upon payment of a monthly subscription fee (hereinafter the “Subscription”), which begins on the date of subscription.

The following are the available Subscription types:

1. 1. a) € 136.00 / per month plus VAT
   2. b) € 400.00 / per month plus VAT
   3. c) € 800.00 / per month plus VAT

The User expressly acknowledges and agrees that White Rabbit has the right to propose – at its sole discretion – any temporary discounts and/or coupons and/or any policy for a price other than those referred to in this Article.

3.4.2 The User expressly acknowledges and agrees that the Subscription is periodically authorised and that the User has the option of providing notice of renewal within 15 (fifteen) days of the Subscription’s expiration date.

3.4.3 In the Platform there is a Section dedicated to purchases (hereinafter the “Subscription Section”) where the User may add Services, assistance and new Service Packs. The Subscription Section is managed by the Prestashop service, for which the User agrees to accept the General Terms of Use (https://www.prestashop.com/it/condizioni-di-utilizzo).

The user expressly acknowledges and agrees that in the Subscription Section he/she may purchase the Subscription through the PayPal Circuit, for which the User agrees to accept its General Terms of Use (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full). White Rabbit does not acknowledge any liability with regard to payment management by third parties.

3.5 CONDITIONS FOR SUPPLY

3.5.1 When the User shares Information and Content with the Services referred to in Article 3.3, he/she acknowledges and agrees that such Information and Content may be published outside the Platform, if provided by the nature of the Service. The Services allow the User to send messages, Newsletters, and share information in various ways, such as through the Site and/or Social Network of the User. Please note that certain Services, including, but not limited to, opening Tickets, scheduling Projects, or sending an Inbox message to a user and/or a team of users, are private by default settings and visible only by recipients.

3.5.2 The User expressly acknowledges and agrees that White Rabbit is based on an automated system, which enables the interaction between the various Sections, based on the settings selected by the User himself, as a result the User expressly acknowledges and agrees that White Rabbit is not responsible in any way for any erroneous interactions that might occur between the various Sections.

3.5.3 The User expressly acknowledges and agrees to use the Platform and/or any mobile and/or e-mail applications to receive communications by White Rabbit, including important ones. These GENERAL TERMS also apply to mobile applications. In addition, the User agrees that some additional information may be shared with White Rabbit. The User expressly acknowledges and agrees that if the contact information provided to White Rabbit is not up-to-date, he/she may miss the above-mentioned communications.

The User agrees that White Rabbit, at its sole discretion in order to contact the User regarding the provision of Services, may send him/her alerts in the following ways: (i) a banner and/or in-box notice, or (ii) an email sent to an address provided to us, or (iii) by other means including a mobile phone number, landline or by traditional mail. For the purpose of this Article the User agrees to keep his/her contact information up-to-date.

3.5.4 The User expressly acknowledges and agrees that in the event of a violation by the User of the law, third party rights or these GENERAL TERMS, White Rabbit may at its full discretion suspend or interrupt the provision of Services against Such User, close the User’s account, prevent access to the Platform, or take any other action to protect the current or potential rights and interests of White Rabbit. Furthermore, White Rabbit reserves the right to cancel or suspend the User’s account in violation or unused for more than 6 (six) months after the last Subscription renewal.

3.5.5 The User expressly acknowledges and agrees that he/she will respect the general conditions and/or rules and/or policies of all Third Party applications and/or services made available to him/her on the Platform, who will make use of them in accordance with the provisions of the third parties and in any case in relation to the use of applications and/or services by Third Parties, undertakes to hold the Company harmless and indemnify the Company of any direct and/or indirect liability, waives any claims made by him/her and/or by third parties of loss, damage, cost or expense, as well as any other reason and claim that may arise from any disputes that may arise. In this respect, the User will fully respect the provisions of Article 5.4 below.

3.5.6 In view of the fact that, in the use of Services, the User may come into possession of private and/or confidential material, information and data relating to these Services, White Rabbit products and its commercial strategies, and that the use and/or dissemination to third parties of such materials and information would cause serious and irreparable harm to White Rabbit, the User undertakes to abstain throughout the term of the Contract and for one year after the expiration of the Contract, from the last subscription, from carrying out activities directly and/or indirectly in competition with the Platform.

3.5.7 The User expressly acknowledges and agrees that White Rabbit is not responsible for updating all the links contained in these GENERAL TERMS; therefore, whenever a link is not working and/or updated, the Parties acknowledge and agree that the User must always refer to the document to which the link refers.

4. USER STATEMENTS AND GUARANTEES

The User declares and guarantees:

1. 1. a. to have read and understood the GENERAL TERMS;

1. 1. b.to be of legal age and able to act and sign legally binding contracts and, in the case of legal persons, that the individual who accepts this Contract in the name and on behalf of that legal person has the necessary powers to act for the purpose of this Contract and is able to act and sign legally binding contracts for the legal person who he/she represents;

1. 1. c. to have, upon registration, selected secure and comprehensive Credentials and which, for the duration of the relationship, have arisen from signing these GENERAL TERMS: (i) to keep the Credentials secure and confidential, and if he/she shares them with multiple subjects, he/she will be solely responsible; (ii) to not transfer any portion of the account (for example, single Sections); (iii) to not allow access by any third party – not under his/her control – to the Profile and (iv) to comply with any applicable law regarding the management of computer accounts;

1. 1. d. to be responsible for anything that occurs through his/her account unless he/she closes it or reports any abuse;

1. 1. e. that he/she will upload to his/her Profile and White Rabbit only information, data and content that he/she has the right to share and publish and that the Profile, any information, Content and Project will be correct;

1. 1. f. that he/she will refrain from reproducing, duplicating, copying, selling, reselling, and otherwise exploiting for any commercial purpose the Platform or any part thereof, as well as reproducing or otherwise using the White Rabbit trademarks and logos unless he/she has received express authorisation by the Company;

1. 1. g. that he/she will respect all White Rabbit’s Intellectual Property Rights that this Contract does not imply, the transfer to the User of the license or other rights of use other than those for the normal use of Services;

1. 1. h. that he/she expressly declares and guarantees that he/she has obtained all consents and waivers, if necessary, from any possible rights holder to any Content on the Content uploaded and published through the Platform, including, but not limited to, in the case of images, to be the rights holder with the right to exploit the image and/or to have been authorised;

1. 1. i. that any cost, tax, fee, expense and other tax burden arising from these GENERAL TERMS or relating thereof or the performance of the obligations therein shall be borne by the User;

1. 1. j. that he/she will not publish or use false, slanderous or defamatory data, information and content through the Platform;

1. 1. k. that he/she will refrain from any form of direct and/or indirect use of the Services and the Platform contrary to law or not in accordance with the provisions of these GENERAL TERMS or elsewhere within the Platform;

1. 1. l. that he/she will refrain from entering into the Platform and, by publishing and/or submitting, any content that is obscene, offensive, violent, defamatory, detrimental to personal dignity, blasphemous and in particular, will not include: racist or hateful claims of inferiority or superiority of a race, people or culture compared to others or to minorities, justification for crimes against humanity; incitement of hatred or violence; sexually explicit, pornographic or pedo-pornographic content; threats or harassment; information or messages providing instruction on illegal activities, leading to illegal activities or causing harm to third parties; incitement of dangerous behaviours at risk of emulation by minors or the use of drugs or maltreatment of animals; messages, even hidden, of a promotional and/or advertising nature; images not suitable for children under 18;

1. 1. m. that he/she will not use so-called ‘spamming’ systems, chain messages or pyramid sales;

1. 1. n. that he/she will not spread viruses, spyware, adware, rootkits, backdoors, trojans, and other similar threats;

1. 1. o. that he/she will not use software or other automatic or manual mechanisms to copy or access the pages of the Platform or their content;

1. 1. p. that he/she will not violate any of the commitments made under this Article 4, in particular regarding the sending of newsletters and/or SMSs, and that he/she will comply with all applicable legislation regarding the protection of personal data in reference to such services.

5. RESPONSIBILITY

5.1 The User expressly acknowledges and agrees that:

a.      White Rabbit does not interact in any way with the Services available on the Platform, acting merely as a platform for the use of the Services by the User;

b.      the use of the Services depends solely on the correct implementation of the Services and the selection of the settings made by the User, particularly including, but not limited to, the proper activation of the Connectors in the Site List Section;

c.      White Rabbit therefore does not provide any statement or guarantee to the User, including, but not limited to, (i) the quality, legality, security, compliance and the use of Services on the Platform, (ii) the truthfulness, fairness and completeness of the information provided to the User and extrapolated from the sources he/she has selected online, (iii) the proper performance of Third Party obligations and commitments with which the User may interact through the use of the Services;

d.      any responsibility by White Rabbit is expressly excluded regarding any information, data and/or Content entered into the Platform, including, but not limited to, any Content uploaded in the Document and Media Manager Sections.

5.2 Except in cases of guilty verdict or gross negligence, to the maximum extent permitted by law, the User acknowledges and agrees that White Rabbit will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees that may be incurred and/or borne by the User in connection with any Third Party’s offer and in any case in connection with the Services provided by White Rabbit pursuant to the GENERAL TERMS. Therefore, no damages may be claimed by the User to White Rabbit for any damage suffered in connection with the Services and Content. White Rabbit will in no way be liable to the User for any delays or defaults on their obligations in relation to the Services in the event that such delays or defaults arise from causes of Force Majeure.

5.3 White Rabbit is not affiliated with any website to which any link exists in the Platform, unless expressly specified by White Rabbit itself, and is in no way responsible for the content of such websites. Such links are made exclusively for the convenience of Users, access to such sites and the use of their content shall be done at the risk and expense of the Users themselves. A link from the Platform to any other website does not imply that White Rabbit in any way approves, supports, or recommends said website or has any control over any element of the content of said website.

5.4 Any reports or communications made through the Platform with any third party other than White Rabbit are exclusively between you and the third party, such as the Social Network and Third Parties. Some sections of the Platform may provide links to websites that allow you to transact or purchase goods or services. These operations may be conducted by Third Parties or other entities. In no event shall White Rabbit be liable for the goods, services, resources or content made available through such reports or communications with such third parties, or any damages caused therein. Please carefully check the policies and practices adopted by such third parties before starting any transaction. Any complaint, grievance or request you may raise regarding materials or information provided by third parties should be sent directly to such third parties.

5.5 The User expressly acknowledges and agrees that all information available in the Online Help Section is solely to support the use of Services and White Rabbit is not responsible for any truthfulness, accuracy or updating of any changes to the Platform.

5.6 The User undertakes to indemnify, reimburse and hold White Rabbit harmless in respect of any loss, damage, cost, expense, and other liabilities (including any costs of transactions) that the Parties should incur during the term of the Contract or subsequently (including, but not limited to, all reasonable legal fees) in relation to or by virtue of any claim or action by a third party who assumes that the Site Content, or any part thereof, and/or any Content disseminated by the User through the Platform, violates their Intellectual Property Rights. (“Indemnification for Intellectual Property Rights Violations”).

5.7 In cases where the sites fulfil e-commerce and/or sales of any kind to consumers, the User undertakes to indemnify, reimburse and hold White Rabbit harmless in relation to any liability or claim for damages by any final consumer and/or third parties in connection with the commercial management and maintenance of the Sites.

6. PRIVACY

6.1 PROCESSING OF USER DATA

White Rabbit respects and protects the User’s privacy. White Rabbit does not use your personal information for purposes of marketing and/or sending commercial communications and/or direct sales without having obtained your express consent.

The User agrees that White Rabbit has the right to access, retain, use, and process any information he/she provides in accordance with the Privacy Policy [NB inserire link attivo].

We also remind you that by accessing your personal area on the Platform, you may at any time correct, rectify or update your personal data.

White Rabbit shall not disclose your personal information in any form but you declare and accept that White Rabbit, if requested by a competent regulatory and judicial authority, will be legally obliged to report such data.

6.2 PROCESSING OF USER BROWSING DATA

The User expressly acknowledges and guarantees that he/she is the Data Controller in relation to his/her use of the Platform – including, but not limited to, those managed through the Privacy Panel, the CRM Section and the Newsletter Section – and/or to be entitled to such processing as an External Data Processor and/or other legal title. In this respect, the User hereby undertakes to relieve White Rabbit of any claims of credit, indemnification, damages and/or sanction resulting from the violation of applicable law on the protection of personal data in connection to the processing of personal data carried out by the User relating to the use of the Platform, including any deletion requested by the interested party of the processing, as well as relating to the security procedures and measures applied to the transfer of such personal data (hereinafter collectively the “Processing”), and arising from fault or negligence of the User, or in any event, to indemnify White Rabbit of any request that is related to and/or subject to any violation of the processing and/or use of personal data, improper or non-compliant with the relevant applicable law on the protection of personal data, also assuming all liabilities associated with any allegations against White Rabbit for the act or fault of the User.

Likewise, the User expressly acknowledges and agrees that the request for indemnification from White Rabbit referred to in this Article 6.2 also applies to the processing of any personal data that may arise from the use of Third Party Services and/or third parties through the Platform, including, but not limited to, the Social Network, the Analytics Section and the retargeting e-mail service provided by Piwik referred to in Article 3.3.6. above.

White Rabbit undertakes to ensure that any personal data relating to users who have registered and/or have benefited from the Services on the User Sites are at any time made available to the User, subject to the rules governing the processing of personal data.

7. TRANSFER

The User may not transfer, in whole or in part, these GENERAL TERMS to third parties.  White Rabbit may at any time, in whole or in part, transfer these GENERAL TERMS to third parties.

8. DURATION AND SURVIVAL OF CLAUSES

8.1 These GENERAL TERMS shall be effective from the Effective Date, shall remain in force for a period of 1 (one) year from that date and shall be automatically renewed for successive periods of one year, unless a Party communicates to the other Party by means of a registered letter his/her intention to not renew the GENERAL TERMS at least 30 (thirty) days after the expiration of each renewal. The User expressly acknowledges and agrees that the duration of these GENERAL TERMS may not coincide with the duration of the Subscription.

8.2 The following GENERAL TERMS will remain valid and effective even after the conclusion of these GENERAL TERMS: Art. 4 (User Statements and Guarantees); Art. 5 (Responsibility); Art. 11 (Applicable Law and Jurisdiction); Art. 13 (General Clauses).

9. WITHDRAWAL

Each Party may withdraw from these GENERAL TERMS at any time, by simple written communication to the other Party upon notice of at least 15 (fifteen) days. It is understood that, even in the case of withdrawal, White Rabbit reserves the right to cancel or suspend the User’s account.

10. TERMINATION

White Rabbit, pursuant to Art. 1456 of the Italian Civil Code, may terminate the GENERAL TERMS with immediate effect by sending a written communication to the User if the User has violated one or more of the following provisions of the GENERAL TERMS: Art. 3, 4, 5, 8. In any case, White Rabbit’s right to compensation for damage remains.

11. APPLICABLE LAW AND JURISDICTION

11.1 These GENERAL TERMS are fully governed by Italian law.

11.2 Subject to the provisions of the relevant jurisdiction, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of these GENERAL TERMS and/or in any way connected to these GENERAL TERMS shall be the exclusive jurisdiction of the Court of Milan, with the exclusion of any other court, even shared or alternate.

12. CHANGES

White Rabbit reserves the right to update or modify these GENERAL TERMS at any time in the event that such updates or modifications are necessary to adapt the service to law or settlement regulations that have occurred, in order to implement security measures deemed necessary to optimise the provision of Services or to improve the features of the Services. White Rabbit will notify you of any changes that have occurred directly to the Platform. Changes to the GENERAL TERMS will be automatically valid and effective from the 10th day after the date of publication on the Platform and will be deemed accepted by the User. The User acknowledges and agrees that it will be his/her responsibility to periodically check the Platform page that reports the GENERAL TERMS to check for any updates. In the event of changes to these GENERAL TERMS, the User will have the right to withdraw at any time through simple written communication to White Rabbit or by directly closing his/her account on the Platform through his/her personal area.

13. GENERAL CLAUSES

13.1 Any tolerance by White Rabbit towards the behaviour of the User in breach of any provision of the GENERAL TERMS does not constitute waiver of the rights arising from the violated provision or the right to demand correct compliance of all the provisions of said GENERAL TERMS.

13.2 Failure to exercise or delay of a right entitled to White Rabbit under the GENERAL TERMS does not entail waiver to the aforementioned.

13.3 The GENERAL TERMS contain the overall agreement reached by the Parties with respect to the object of the aforementioned and prevail over all previous communications, declarations, as well as understandings and agreements, both oral and written, reached by the Parties.

13.4 If any other term or provision of these GENERAL TERMS has been declared null, void or unenforceable, all other terms and conditions of these GENERAL TERMS will remain valid and effective. In the event of a cancellation or nullity of any term or provision as invalid, contrary to mandatory or unenforceable laws, the Parties undertake to negotiate in good faith to amend these GENERAL TERMS in such a way as to establish, in the best way possible, the parties’ original intent in order to fulfill the commitments thereunder.

13.5 White Rabbit and the User act in full autonomy and independence. These GENERAL TERMS do not give rise to any collaborative relationship, agency, association, brokering or subordinated work.

13.6 The User is aware that this Agreement is originally drawn up in Italian. A translated version can be viewed here t&c . The User is aware of and accepts that, in the event of any inconsistencies or differences of interpretation between the original Italian version and the English version, the Italian version shall always prevail.

13.76 Any communication from one Party to the other with respect to these GENERAL TERMS shall be sent either by registered mail or by e-mail (provided with the option of notification of receipt) to the following addresses:

for White Rabbit: email: info@White Rabbit.cloud;

for the User:
to the postal address, email address reported to White Rabbit upon registration to the Platform, as modified from time to time by the User through his/her personal area on the Platform.

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* warning that registration cannot be concluded

Pursuant to Articles 1341 and 1342 of the Italian Civil Code the User declares that he/she has read and specifically approves the terms of the following articles of the General Contract Terms and Conditions: 3. (White Rabbit Services), 3.4. (Payments), 3.5. (Conditions for Supply), 4. (User Statements and Guarantees), 5. (Responsibility), 6.2 (Processing of User Browsing Data) 7. (Transfer), 8. (Duration and Survival of Clauses), 9. (Withdrawal), 10. (Termination), 11. (Applicable law and jurisdiction), 13.6 (Translation’s prevalence) .

Check “I agree”