Terms of Service

These Terms of service ("Terms") govern access to and use of the Domusify platform, its public website https://domusify.com, the account pages and the administration panels made available by SFV S.R.L., with registered office at Via Terra di Santa Lucia 56, 95030 Mascalucia (CT), Italy, tax code and VAT number 05881360878, hereinafter "SFV" or the "Provider".

For communications relating to the contractual relationship, you can use the contact details published on the SFV S.R.L. website or the certified email address (PEC) [email protected].

1. Scope and definitions

1.1 Agency

"Agency" means the business, professional or organisation that uses the platform in the course of its professional or business activity and to which a platform workspace is associated.

Where a natural person creates or uses an account on behalf of an Agency, the contractual relationship refers to the Agency, within the limits of the powers of representation or authorisation of the person acting on its behalf.

1.2 User

"User" means the natural person authorised to access the platform through a personal account.

The same User may be authorised to access more than one Agency.

1.3 Workspace or Tenant

"Workspace" or "Tenant" means the logically separate environment assigned to each Agency, identified by a tenant_key.

1.4 Owner

"Owner" means the technical profile with the highest privileges within a Workspace.

Owner status concerns the authorisations within the platform only and does not constitute proof of ownership of the business, of legal representation or of other powers outside the service.

1.5 Specific terms

"Specific terms" means the terms presented separately for a given feature, integration, optional service or other provision that requires terms beyond these Terms.

2. Service intended exclusively for professional activities

2.1 Recipients

The platform is offered exclusively to parties acting for purposes relating to their own business or professional activity.

It is not intended for use by consumers for purposes unrelated to a commercial, business, craft or professional activity.

2.2 Powers of the person accepting

The person who accepts the Terms on behalf of an Agency declares that they:

are of legal age and have legal capacity;
are authorised to create or use the account;
have the powers necessary to bind the Agency to these Terms, or have been authorised by whoever holds such powers;
provide accurate information about the party on whose behalf they are acting.

If those powers cease, the Agency must promptly update accesses and authorisations.

3. Formation of the contract and applicable documents

3.1 Acceptance

The contract is formed when the authorised party completes the electronic procedure provided by the platform and expressly manifests acceptance of these Terms.

SFV may require further confirmations or checks where reasonably necessary to identify the Agency, protect the account or verify the powers of the person acting on its behalf.

3.2 Accepted version

SFV keeps a technical record of the version of the Terms accepted and of the acceptance itself.

The Terms are made available in a format that allows them to be consulted, stored and reproduced. The Agency may request a copy of the version applicable to its relationship.

3.3 Documents of the relationship

The contractual relationship consists, as the case may be, of:

these Terms;
the Data processing agreement ("DPA"), which forms an integral part of them where SFV processes personal data on behalf of the Agency;
any Specific terms accepted by the Agency for individual features or services;
any orders, offers or individual agreements expressly accepted by the parties.

The Privacy policy and the Cookie policy are information notices on the processing of data and the use of tracking tools and do not constitute contractual terms to be accepted.

Accepting these Terms does not constitute consent to optional personal data processing or to the use of tracking tools that require a separate choice.

3.4 Order of precedence

In the event of conflict:

the DPA prevails as regards the processing carried out by SFV as data processor;
Specific terms prevail over these Terms, limited to the feature or service to which they relate;
an individual agreement expressly signed by the parties prevails to the extent that it states that it derogates from the earlier documents.

For all matters not governed by the Specific terms, these Terms continue to apply.

4. Subject matter and general features of the service

4.1 Function of the platform

The platform is a SaaS service intended mainly for creating, publishing and managing the website of a real estate Agency and its content.

Depending on the available features, it may include:

the Agency's public website;
the administration panel;
management of properties, offices, agents or other members of the organisation;
management of photographs, floor plans and other media;
editorial pages and content;
management of authorised users, roles and permissions;
connection of custom domains;
public forms for enquiries about properties or the Agency;
statistical tools;
integrations and ancillary features;
technical services needed for hosting, security and content delivery.

The features actually available are those shown in the version of the platform used by the Agency.

4.2 Nature of the service

SFV provides the infrastructure and the software tools.

SFV is not a real estate agency, does not take on brokerage engagements, is not a party to sales or leases concluded by the Agency and does not represent the Agency in dealings with owners, buyers, tenants or other third parties.

The presence of a property or content on the platform does not constitute verification or approval by SFV of its truthfulness, availability, planning, cadastral, energy, contractual or legal regularity.

4.3 No guarantee of commercial results

SFV does not guarantee:

a given number of visits, contacts or enquiries;
search engine ranking;
the indexing of specific pages;
the conclusion of engagements, sales or leases;
economic or commercial results;
acceptance of content by search engines, social networks, portals or other external services.

Any SEO and statistical features are technical tools and do not constitute a promise of results.

5. Account and credential security

5.1 Personal account

Each User must use a personal account.

Credentials must not be shared between different people.

5.2 Obligations of the User and the Agency

The Agency and the Users must:

use accurate and up-to-date account information;
keep credentials with due care;
not allow access to unauthorised parties;
promptly report compromises, suspicious access or unauthorised use;
use the security mechanisms made available by the platform.

The Agency is responsible for the activities carried out by its authorised Users within the powers granted to them and for the consequences of negligent management of the accesses under its control.

5.3 Email verification

SFV may make access to certain features conditional on email address verification or on other checks reasonably necessary for security.

6. Owner, staff, roles and permissions

6.1 Owner

Each Workspace has a single Owner profile.

The Owner has full access to the administrative features provided for that profile and may, according to the available features, invite or manage other Users.

6.2 Other profiles

The platform may provide predefined or custom profiles, including Admin, Collaborator and Custom.

The Agency decides which people to authorise and which permissions to grant.

6.3 Agency responsibility for access

The Agency must:

grant only the permissions necessary for the User's duties;
periodically review accesses;
promptly remove or change authorisations when a staff member changes role or ceases to work for the Agency.

SFV is not responsible for operations carried out by a User who has legitimately received the necessary authorisations from the Agency, except for malfunctions attributable to the platform.

7. `tenant_key` and technical address

7.1 Choice

When creating a Workspace, the Agency chooses a tenant_key in compliance with the technical rules shown by the platform.

The tenant_key must be available, not reserved and must not infringe third-party rights.

7.2 Immutability

The tenant_key is a unique and immutable technical identifier of the Workspace.

The Agency must therefore choose it carefully before completing the creation of the workspace.

7.3 Technical subdomain

The tenant_key gives rise to the permanent technical subdomain of the Workspace within the platform's application domain.

The technical subdomain is a component of the service provided by SFV and does not constitute a registered domain name or an asset owned by the Agency.

Termination of the relationship does not give the Agency any right to retain, transfer or reuse the tenant_key or the related technical subdomain in the future.

SFV may keep a terminated identifier as reserved for technical or security reasons or to avoid confusion between different businesses.

8. Custom domains

8.1 Connection

Where the feature is available, the Agency may connect one or more custom domains to its website according to the technical instructions provided by the platform.

The platform may allow a domain to be designated as the main public address and the other connected addresses to be redirected to it.

8.2 Ownership and right of use

The Agency warrants that it has the right to use each domain it connects to the platform.

Unless a separate service provides otherwise, SFV does not register the domain on the Agency's behalf and is not responsible for its renewal, maintenance, transfer or payment.

8.3 DNS and external configurations

The operation of a custom domain also depends on DNS, registrars and other external services.

The Agency must maintain the necessary configurations indicated by the platform.

SFV may suspend or remove the connection of a domain where:

it can no longer be technically verified;
it may compromise security;
the Agency's right to use it is disputed;
it is necessary to comply with a legal obligation or an authority measure.

9. Agency content

9.1 Responsibility

The Agency is responsible for the data and content it enters, imports, modifies or publishes through the platform.

This includes, by way of example:

property data and descriptions;
prices;
addresses and locations;
photographs and floor plans;
logos and trademarks;
information about offices, agents and staff;
editorial texts;
contact details;
documents and other files.

9.2 Obligations concerning content

The Agency warrants that the content:

is used and published lawfully;
is accurate and up to date, as required by the applicable legislation;
does not infringe copyright, trademarks, image rights, confidentiality or other third-party rights;
is not unlawful, fraudulent, defamatory, discriminatory or misleading;
complies with the legislation applicable to the real estate business and to property advertising;
does not contain personal data beyond what the purposes pursued require.

SFV does not carry out a generalised prior check of the legal or commercial accuracy of the content published by the Agency.

9.3 Rights in the content

The Agency's content remains owned by the Agency or by the respective rights holders.

The Agency grants SFV, for the duration necessary to provide the service, a non-exclusive, free licence limited to what is technically necessary in order to:

store;
reproduce;
convert format or size;
create technical copies and variants;
distribute through infrastructures and CDNs;
display on the Agency's website;
make backups;
process according to the features requested by the Agency.

The licence does not allow SFV to use the content for its own advertising purposes unrelated to providing the service.

9.4 Search engines and external copies

Content published on the Agency's website may be indexed, cached, archived or reproduced by search engines and other external parties.

Removing content from the platform does not necessarily entail its immediate removal from indexes, caches or archives controlled by third parties.

10. Legal documents made available by the platform

10.1 Templates and automations

The platform may generate or display templates for the Privacy policy, Cookie policy and other legal texts based on the standard features supported and on the data entered by the Agency.

10.2 Agency responsibility

The Agency remains responsible for:

the accuracy of its own legal and contact data;
the correspondence between its actual activities and what is stated in the documents;
updating the documents when it introduces tools, processing activities or activities outside the platform's standard configuration;
the obligations that the legislation assigns directly to the Agency.

The templates provided by the platform do not constitute individual legal advice on activities or processing unrelated to the standard service.

11. Intellectual property of the platform

11.1 Rights of SFV

Except for the Agency's content and third-party components subject to their respective licences, SFV retains all rights in the platform, including:

software;
code;
architecture;
interfaces;
graphic components;
documentation;
its own databases;
trademarks, names and distinctive signs;
content of the marketing website.

11.2 Licence of use

For the duration of the relationship, SFV grants the Agency a limited, non-exclusive and non-transferable right to use the platform exclusively for its professional activities and in accordance with these Terms.

No ownership right in the software is transferred.

12. Prohibited uses

12.1 Prohibitions

The Agency and the Users may not:

use the platform for unlawful or fraudulent activities;
attempt to access the data of other Agencies;
circumvent authentication, authorisation or security controls;
introduce malware or harmful code;
carry out unauthorised attacks, scans or vulnerability tests;
interfere with the availability, performance or security of the service;
carry out mass extraction, scraping or unauthorised automated access that compromises the service;
use the platform to send spam or unlawful communications;
resell, sublicense or make the access to the platform available to third parties as an autonomous service without SFV's authorisation;
decompile, disassemble or attempt to reconstruct the source code, except to the extent mandatorily permitted by law;
use the service to infringe intellectual property rights, privacy or other third-party rights.

12.2 Reasonable use of resources

Use must be compatible with the normal professional purpose of the service.

SFV may take proportionate measures to protect the infrastructure from anomalous uses that cause disproportionate technical loads or put other clients at risk.

Any commercial quantitative limits relating to a specific feature are indicated in the relevant Specific terms and are not set by these Terms.

13. Unlawful content, reports and moderation

13.1 No prior approval

SFV does not approve in advance every item of content published by the Agency and does not assume a general obligation to monitor content, except as may be required by law.

13.2 Reports

Anyone who considers that content hosted through the platform is unlawful may use the electronic reporting channel indicated on SFV's website.

The report should allow sufficiently precise identification of:

the content complained of;
its position or URL;
the reasons why it is considered unlawful;
the contact details needed for communications about the report, except where the law permits otherwise.

13.3 Action on content

Where SFV receives a sufficiently detailed report, an order from an authority or becomes aware of manifestly unlawful content, it may, as the case may be:

ask the Agency for clarification;
temporarily limit the visibility of the content;
disable access to it;
remove it;
take other proportionate measures required by law.

Where provided for by the applicable legislation, SFV informs the Agency of the reasons for the action and of any available means to contest it.

Measures are taken proportionately, taking into account the nature of the breach, security and the rights of the parties involved.

14. Third-party services and providers

14.1 Technical dependencies

The platform uses third-party services and infrastructures for functions such as hosting, content delivery, email, storage, security, statistics, maps or other integrations.

The main providers relevant to the processing of personal data are indicated in the privacy policies and in the DPA.

14.2 Changes to providers

SFV may replace or change technical providers where necessary or appropriate for the security, quality, continuity, compliance or evolution of the service, in compliance with the applicable obligations, including those relating to data processing sub-processors.

14.3 Autonomous third-party services

Some features may involve access to services that are also governed by the terms of the relevant provider.

SFV does not control the changes, availability or autonomous decisions of such providers and does not guarantee that an external service will remain available indefinitely.

Where the termination or modification of an external service affects a platform feature, SFV may replace, modify or discontinue the integration as provided for by Article 17.

15. Artificial intelligence processing features

15.1 Optional features

The platform may make available automated or artificial intelligence processing features, including the processing of real estate photographs.

Such features are used only at the Agency's request.

15.2 Agency control

The Agency must check the results before publication.

Results generated or modified automatically may contain imperfections and must not be used to misrepresent material features of the property.

In particular, the Agency must avoid modifications that could lead a potential client to believe that structural features or conditions exist that do not correspond to reality.

15.3 Personal data in images

The Agency must not use the photo processing features to transmit identifying personal data that is not necessary.

Before processing, it must remove or obscure, where present and not necessary:

faces or identifiable people;
documents;
personal photographs;
written data referable to natural persons;
other personal identifiers.

The privacy conditions applicable to the feature are described in the Agency's policy and in the DPA.

16. Visitor enquiries and emails

16.1 Public forms

The platform may provide forms through which visitors to the Agency's website send contact requests, property enquiries or other requests provided for by the service.

The Agency is responsible for indicating correct and up-to-date recipients.

16.2 No leads archive

Unless a feature expressly providing otherwise is introduced in the future, enquiries sent through the public forms are not stored by the platform in a leads archive or CRM.

Enquiries are transmitted to the recipients identified according to the configuration of the service.

16.3 Email delivery

Email delivery also depends on external infrastructures and mail systems.

SFV adopts the technical measures provided for by the service, but does not guarantee that every message will be accepted by the recipient server, will not be classified as spam or will actually be read.

The Agency must keep the mailboxes configured to receive enquiries active and monitored.

17. Availability, maintenance, support and backup

17.1 Diligence of the Provider

SFV manages the platform with professional diligence and adopts reasonable measures to ensure its security and continuity.

17.2 No absolute availability

Unless an SLA is contained in Specific terms, uninterrupted or error-free availability is not guaranteed.

Suspensions or slowdowns may occur due, among other things, to:

maintenance;
updates;
security work;
failures;
network or DNS problems;
infrastructure providers;
cyberattacks;
external events reasonably beyond SFV's control.

17.3 Maintenance

SFV may carry out scheduled or urgent maintenance.

Where reasonably possible, scheduled work that is expected to affect the service significantly is communicated in advance.

Urgent work necessary for security or stability may be carried out without prior notice.

17.4 Support

SFV provides support through the channels made available.

Unless Specific terms establishing service levels apply, no predetermined response or resolution times are guaranteed.

17.5 Backup

SFV uses backup and restoration procedures consistent with its architecture.

Backups are continuity and disaster recovery tools and do not constitute a historical archiving service at the Agency's request.

The Agency must keep independent copies of the original or critical materials that cannot easily be reconstructed.

18. Evolution and changes of the service

18.1 Ordinary evolution

SFV may update the platform in order to:

correct errors;
improve security, performance and usability;
comply with the law;
introduce new features;
change the interface;
replace technologies or providers;
simplify or reorganise existing features.

18.2 Changed or discontinued features

SFV may change or discontinue a feature where reasonably necessary for technical, economic, regulatory, security or product evolution reasons.

Where a change entails the discontinuation of a substantial feature used by the Agency and does not require urgent action, SFV gives reasonable notice and, where practicable, indicates any available alternatives.

18.3 Urgent changes

Changes necessary in order to:

fix vulnerabilities;
prevent incidents;
comply with legal obligations or authority orders;
avoid damage to the platform, the Users or third parties

may be made without prior notice.

19. Features and services subject to Specific terms

19.1 General principle

Some features or provisions may be subject to Specific terms beyond these Terms, including any financial conditions.

19.2 No charge arising from the Terms alone

These Terms, on their own, do not determine the price of additional services and do not authorise SFV to charge the Agency any consideration not previously communicated.

Where a feature involves consideration or additional commercial conditions, those elements are presented before activation or ordering and require the acceptance provided for by the relevant procedure.

19.3 Information before activation

The Specific terms indicate, to the extent relevant to the service:

the characteristics of the feature or provision;
price and applicable taxes;
any billing frequency;
duration;
any renewal;
termination methods and terms;
any quantitative limits;
accepted payment methods;
the date or method of activation;
any further essential conditions.

None of these elements is established on a general basis by these Terms.

19.4 Separate acceptance

Activating a feature subject to Specific terms requires those terms to be accepted by the Owner or another authorised party.

SFV keeps a record of the accepted version according to the methods applicable to the relevant process.

19.5 Precedence

The Specific terms prevail over these Terms exclusively for the aspects specific to the service to which they relate.

Termination of these Terms or of the Workspace produces the effects on any additional provisions provided for by the respective Specific terms.

20. Protection of personal data

20.1 Distinct roles

The processing of personal data carried out within the platform may involve SFV in different roles.

SFV acts as controller for processing relating, among other things, to the authentication identity of Users, the general security of the platform and its own relationship with the Agency.

For the data that the Agency processes through the platform for its own purposes, the Agency acts as controller and SFV as data processor within the limits described in the DPA.

20.2 DPA

The DPA forms an integral part of the relationship and governs the processing carried out by SFV on behalf of the Agency within the meaning of Article 28 GDPR.

20.3 Policies

The platform's Privacy policy and Cookie policy describe the processing and the tools used by SFV as controller.

The Agencies' public websites have their own policies.

21. Confidentiality

21.1 Confidential information

Each party undertakes not to use or disclose the other party's non-public information received within the relationship, except as necessary for:

performing the contract;
staff or providers who need to know it and are bound by adequate obligations;
complying with legal obligations;
protecting a right.

21.2 Exclusions

Information is not considered confidential where it:

was lawfully known to the receiving party;
becomes public without breach of the contract;
is lawfully received from third parties;
is developed independently without using the other party's confidential information.

The specific obligations concerning personal data remain governed by the GDPR and the DPA.

22. Suspension and restriction of access

22.1 Grounds

SFV may suspend or restrict, in whole or in part, access to a Workspace, a User, a piece of content or a feature where reasonably necessary in order to:

protect the security of the platform or of other clients;
contain an incident;
prevent unlawful or fraudulent use;
stop a serious breach of these Terms;
give effect to an authority measure;
remove or restrict unlawful content;
prevent use that significantly compromises the stability of the service;
handle a breach of the Specific terms of a given feature.

22.2 Proportionality and communication

Where circumstances allow, SFV:

limits the action to the part concerned;
informs the Agency of the reasons;
allows the breach to be remedied before taking definitive measures.

SFV may act immediately where delay could aggravate a security risk, entail a breach of law, harm third parties or compromise the service.

22.3 Restoration

Where the cause of the suspension is removed, SFV restores access within technically reasonable times, unless the relationship has ended or further legitimate grounds exist for maintaining the restriction.

23. Term and termination of the relationship

23.1 General term

These Terms apply for the entire period during which the Agency maintains a Workspace or uses the service.

These Terms do not establish the duration, renewal or financial conditions of any services subject to Specific terms.

23.2 Termination requested by the Agency

The Agency may request termination of the Workspace through the features made available or by notice to SFV.

Termination of the general relationship does not cancel any obligations already accrued or the conditions that, by their nature or under the Specific terms, must continue to apply.

23.3 Termination by SFV for breach

SFV may terminate the relationship or deactivate the Workspace in the event of a serious breach of these Terms that:

cannot be remedied; or
is not remedied within a reasonable period indicated in the notice of objection.

In cases of particular seriousness, unlawfulness, fraud, compromise of security or concrete risk to third parties, termination may take effect immediately.

23.4 Discontinuation of the service by SFV

SFV may decide to discontinue the provision of the platform or of a substantial part of the service definitively for business, technical or regulatory reasons.

In that case it gives the Agency reasonable notice, except in circumstances that make notice impossible or unlawful, and allows, as far as technically practicable, the recovery of data in accordance with Article 24 and the DPA.

23.5 Effects on Specific terms

The effects of termination on services subject to Specific terms are also governed by the respective terms.

24. Data and content on termination

24.1 Export

The Agency is responsible for promptly using any available export features and for keeping copies of the content it intends to retain.

Where necessary under the DPA, the Agency may request the return of the data in the manner provided for therein.

24.2 Deletion

On termination, the data processed on behalf of the Agency is returned or deleted in accordance with the DPA, taking into account the technical backup cycles and any legal obligations.

Data that SFV processes autonomously as controller follows instead the criteria set out in the platform's Privacy policy.

24.3 Publication and indexing

After the website is deactivated, SFV does not guarantee the immediate deletion of:

search engine caches;
copies archived by third parties;
external links;
content previously shared by the Agency on third-party services.

25. Warranties and limitations of liability

25.1 Professional diligence

SFV is liable for the performance of its obligations according to the applicable rules and with the diligence required by the professional nature of the service.

No provision of these Terms excludes or limits liability in cases where such exclusion or limitation is prohibited by law, including cases of wilful misconduct or gross negligence within the meaning of Article 1229 of the Italian Civil Code.

25.2 Agency liability

SFV is not liable for damages arising directly from:

false, incomplete or unlawful data entered by the Agency;
infringements of third-party rights contained in the Agency's materials;
configurations made by the Agency or its authorised Users;
failure to remove the access of staff who are no longer authorised;
failure to renew or misconfiguration of domains and services managed directly by the Agency;
publication of results of automated processing not checked by the Agency.

SFV remains liable for any of its own breaches that contributed to causing the damage.

25.3 Third-party services

To the extent permitted by law, SFV is not liable for unavailability or malfunctions attributable exclusively to external services beyond its reasonable control, without prejudice to the obligation to exercise due diligence in the selection, configuration and management of the providers for which SFV is contractually responsible.

25.4 Indirect damages

In dealings between professionals and to the extent permitted by law, SFV is not liable for purely indirect or consequential damages that are not foreseeable as an immediate and direct consequence of its breach, such as loss of business opportunities or purely contingent lost profits.

Mandatory liabilities provided for by law always remain unaffected.

25.5 SEO, email and commercial results

The following do not constitute a breach by SFV, in the absence of a technical error on its part or of a specific contractual guarantee:

a change in search engine ranking;
the failure of a search engine to index a page;
the classification of an email as spam by external systems;
the failure to conclude a real estate transaction;
the failure to achieve the Agency's commercial objectives.

26. Indemnity for the Agency's content and activities

26.1 Third-party claims

The Agency undertakes to hold SFV harmless from third-party claims, costs and reasonably documented damages arising from:

content uploaded or published by the Agency in breach of the law or of third-party rights;
use of the platform contrary to these Terms;
real estate activity carried out directly by the Agency;
privacy breaches attributable to instructions, data or configurations decided by the Agency;
use of a domain, trademark, photograph or other content without the necessary rights.

The indemnity does not apply to the extent that the claim arises from conduct attributable to SFV.

26.2 Cooperation

SFV informs the Agency, where possible, of relevant claims and allows reasonable cooperation in handling them, without prejudice to legal obligations and the need to protect its own rights.

27. Force majeure and causes beyond reasonable control

Neither party is liable for delays or breaches due to events beyond its reasonable control, to the extent that the event makes performance impossible or excessively difficult and the party concerned takes reasonable measures to limit its effects.

Depending on the circumstances, these may include:

natural disasters;
fires or exceptional events;
war, terrorism or civil unrest;
measures by authorities;
widespread disruption of communication or power networks;
large-scale infrastructure incidents;
exceptional cyberattacks not attributable to a failure to adopt the required security measures.

The party concerned resumes performance of its obligations as soon as reasonably possible.

28. Changes to the Terms

28.1 Grounds for change

SFV may update these Terms where necessary for:

regulatory changes;
measures by authorities;
technical or organisational changes to the platform;
the introduction of new features;
clarifications or corrections of the text;
security needs;
reasonable changes to the service delivery model.

28.2 Communication

Material changes are communicated to the Agency with reasonable notice by email, through the panel or another contractual channel.

Changes required by law or necessary for urgent security may take effect without the usual notice, with communication given where possible.

28.3 Changes substantially affecting the relationship

Where a unilateral change not required by law substantially and adversely affects the Agency's essential rights or obligations, SFV informs the Agency before it takes effect.

The Agency may terminate the relationship before the effective date of the change, without prejudice to obligations already accrued and to any applicable Specific terms.

Where the nature of the change requires a new express acceptance, SFV requests it before applying the change.

28.4 Previous versions

SFV keeps, or makes reconstructible, the version of the Terms applicable to the recorded acceptances.

29. Contractual communications

29.1 Agency contact details

Communications relating to the service may be sent to the email address associated with the Owner account or to another contractual address indicated by the Agency.

The Agency must keep those contact details up to date.

29.2 Service communications

SFV may use email or panel notifications for communications relating to:

security;
maintenance;
changes to the service;
contractual changes;
verification requests;
suspensions;
termination;
other information necessary for the relationship.

Promotional communications remain distinct from communications necessary for the service and are subject to the applicable legal bases.

30. Governing law and disputes

30.1 Italian law

These Terms and the relationship between SFV and the Agency are governed by Italian law.

European Union rules and any applicable mandatory provisions remain unaffected.

30.2 Jurisdiction

For any dispute relating to the validity, interpretation, performance or termination of these Terms, the Court of Catania has exclusive jurisdiction, unless a different mandatory jurisdiction is provided for by law.

30.3 Dispute resolution

Before starting legal proceedings, the parties may attempt an amicable settlement of the dispute.

Mediation procedures or other dispute resolution instruments remain applicable where mandatorily provided for by law or agreed by the parties.

31. Final provisions

31.1 Entire agreement

These Terms, the DPA and any Specific terms constitute, for their respective subject matter, the agreement between the parties on the use of the platform and replace previous understandings on the same subject, except for individual agreements expressly kept in force.

31.2 Severability

The invalidity or ineffectiveness of a provision does not entail the invalidity of the remaining clauses.

The parties interpret or replace the ineffective provision, to the extent permitted by law, with a provision that realises the original economic and legal function as closely as possible.

31.3 Failure to exercise a right

Failure or delay in exercising a right does not constitute a waiver of that right.

31.4 Headings

Section headings are for organisational purposes and do not limit the content of the clauses.

31.5 Language

Where SFV makes translations of these Terms available, the Italian version constitutes the reference version of the relationship governed by Italian law, unless otherwise expressly agreed.

32. Specific approval under Articles 1341 and 1342 of the Italian Civil Code

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Agency declares that it has read and specifically approves the following clauses prepared by SFV:

7.3 — Technical subdomain: absence of any right to retain, transfer or reuse the tenant_key and the related technical subdomain after termination;
8.3 — DNS and external configurations: the right to suspend or remove the connection of domains in the circumstances indicated;
9.4 — Search engines and external copies: limits relating to the removal of copies and caches controlled by third parties;
13.3 — Action on content: the right to restrict, disable or remove content;
14.3 — Autonomous third-party services: limits connected with the availability and decisions of external services;
16.3 — Email delivery: no guarantee of actual receipt by external systems;
17.2, 17.3, 17.4 and 17.5 — Availability, maintenance, support and backup: limitations on service continuity, maintenance work, absence of a general SLA and the nature of backups;
18 — Evolution and changes of the service: the right to change or discontinue features under the conditions indicated;
22 — Suspension and restriction of access: the right to suspend or restrict the service;
23.3 and 23.4 — Termination by SFV: termination for breach and discontinuation of the service by the Provider;
24.3 — Publication and indexing: limits on the deletion of external copies after termination;
25 — Warranties and limitations of liability: delimitation of SFV's liability to the extent permitted by law;
26 — Indemnity for the Agency's content and activities: indemnity obligations in the cases indicated;
27 — Force majeure and causes beyond reasonable control: exclusion of liability in the cases indicated;
28 — Changes to the Terms: the right to update them unilaterally under the conditions and with the safeguards provided for;
30.2 — Jurisdiction: exclusive jurisdiction of the Court of Catania.

The specific approval of the clauses listed above is separate from the general acceptance of these Terms.

Last updated: 20 September 2026