Last revision: March 18, 2024
Premises and general information
Section 1: Terms of use of the service
Once the Social Channels are connected to the Platform, the Customer will be able to take advantage of the following Services:
- Data Retention: a service that, via Application Programming Interface (“API”), allows for the collection of a range of information related to posts made by the Customer on Social Channels connected to the Platform, such as, but not limited to, data metrics (so-called “analytics”) and tone of voice, to create a history of Customer information. This information is then saved and stored in a special database, for a period of time defined between Asters and the Customer. In the event of termination of the Contract for any reason whatsoever, the Customer shall have the right to request Asters to permanently delete such information and, in such case, the Customer acknowledges and agrees that Asters i) shall have 120 (one hundred and twenty) days to complete the deletion and ii) cannot guarantee that the deletion of the Customer’s information will consequently result in the elimination of the re-processing of information carried out by Asters in aggregate form (e.g., to create statistics or surveys on specific industries) where the individual information pertaining to the Customer is, however, no longer identifiable as such;
- Discover: a service that, via API, analyzes over 60 thousand RSS feeds to show within the Platform the most relevant web articles according to the search made by the Client via the Platform. All articles shown to the Customer are exclusively those within the RSS feeds chosen by Asters. The Customer will be able to access the full content of the articles exclusively by visiting the source and in accordance with the provisions on the latter’s site. Asters has no relationship with the sources of the RSS feeds or the individual links contained therein, therefore, nothing can guarantee the content and updating of the RSS feeds and the individual links contained therein;
- Brand Voice: a service to generate texts through the inclusion of keywords chosen by the Client that reflect the Client’s tone of voice and style on Social Channels;
- Autopilot: a service that, through the aid of the “Zapier” platform, allows the Customer to create automated workflows that include, by way of example, the automatic publication of posts on the Customer’s Social Channels. Since this is a platform owned by a third party other than Asters, in order to take advantage of Autopilot, the Customer will necessarily have to create an account on the “Zapier” platform and pay any amount due for its use to the owner of the platform. Once the account has been created on the “Zapier” platform, the Customer may request Asters to obtain the integration of the service on the Platform (including by e-mail) and Asters will provide the Customer with all information regarding this process and the related costs since it is not a Service automatically included in the Subscription, as defined below.
By entering into the Agreement and upon proper and full payment of the subscription formula agreed between the Parties (“Subscription”), Asters grants the Customer a limited, non-exclusive license to use the Services through the Platform.
- Immediately notify Asters of any theft, loss, loss or appropriation for any reason, by third parties, of the Username and/or Password;
- Change the Password at least once every six months;
- Always provide information and references (e.g., e-mail address and contact information) that are true, current, complete, and accurate;
- Promptly notify Asters in the event of unauthorized use of or access to the Platform or Services and its functions or any breach of the Platform’s security measures.
- Circumvent or tamper with access and authentication to the Platform and Services in any manner such as, but not limited to, through hacking, “password mining” or any other illegal means;
- Decode, disassemble, decompile, or attempt to identify the source code or algorithms underlying all or part of the Platform and Services;
- Modify and/or create derivatives of any part of the Platform and Services;
- Use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any part of the Platform and Services, or in any way reproduce or circumvent the navigational structure or presentation of the Platform and Services to obtain or attempt to obtain any material, document, or information through any means that is not intentionally made available through the Services;
- Probe, examine, or test the vulnerability of the Platform and Services or any network connected to them, or breach security or authentication measures;
- Take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Platform, the Services, or any system or network connected to them;
- Use a device, software, or routine to interfere or attempt to interfere with the proper operation of the Platform and Services;
- Use the Platform, Services or Content for purposes that are illegal or prohibited by the Agreement and/or applicable law.
- There is no agreement of any kind between Asters and social networking platforms or other software related to or otherwise necessary for the Services (by way of example, RSS Feed providers or “Zapier”);
- Social network platforms could at any time disrupt and/or modify the API and this could limit, alter or even inhibit the Client’s operation of the Services without any liability for Asters resulting from this;
- The Services do not store passwords to the Client’s Social Channels, but use an access token that is returned by the social networks each time the Client authenticates with them through a browser. A valid access token is essential to access the Social Channels API. Because of the above, Client acknowledges and agrees that an access token may be invalidated for the following reasons:
a) the Client changes their password on the Social Channel
b) the Customer, through the Social Channel, removes the access authorization to the application
c) according to the policies of each Social Channel, the access token may be invalidated after a certain period of time – so-called expired account
d) for other reasons determined by each Social Channel
e) if the access token has expired for the reasons listed in a, b, c above, a new one can be requested through the reconnect function at the Social Channel; - All correspondence pertaining to the Services between the Client and Asters may be recorded and archived and will be valid evidence in the event of disputes pertaining to the relationship between Asters and the Client.
1.5 – Contents
- Obscene, pornographic or child pornographic content;
- Content that is offensive, immoral or infringes on the rights of third parties;
- Content that incites violence, hatred or with purposes contrary to public order;
- Content protected, even in part, by copyright;
- Content that concerns or promotes services or goods that are illegal in the country of receipt and/or origin of the posts or otherwise contrary to Italian law.
- Asters makes no warranties about the originality and protectability of the Content and the absence of risk of receiving third-party challenges to its use;
- Is and will remain responsible for the uses made of the Services and Content, as well as changes made to the Content.
Section 2: Intellectual and industrial property
- The Subscription shall automatically renew for the period of time agreed upon between the Parties, unless terminated as indicated in the preceding article;
- In the event of non-use of the Services, shall not be entitled to claim a refund of the Subscription in whole or in part for the period not used, the Customer hereby waiving as of now any claim in this regard, including by way of reimbursement or compensation;
- If the Customer fails to pay what is due, the Services will be immediately suspended until full payment of the amount due, subject to Asters’ notification, including by e-mail. If the Customer fails to remedy the default within 30 (thirty) days of Asters’ request to regularize the payments, Asters may terminate the Contract, waiving as of now the Customer to any claim in this regard against Asters, even by way of reimbursement or compensation;
- The cost of the Subscription may be subject to change at the time of renewal and, in such cases, the Customer will be promptly informed by Asters, including by e-mail; exclusively in this case, the Customer may cancel the Subscription within the term indicated by Asters in the aforementioned notice. In case of failure to cancel, the amount indicated for the renewal of the Subscription will be due in full;
Section 5: Limitation of liability of Asters
- Asters will not be responsible for inefficiencies, interruptions of the Platform and/or the Services and/or damages attributable to force majeure and/or third parties other than Asters that prevent in whole or in part the fruition of the Services and/or Content (by way of example only, malfunctions caused by technical problems, servers, routers, telephone lines, telematic networks);
- Asters shall not be liable for anything concerning data loss, accidental dissemination of personal or sensitive data and any other type of damage occurred as a result of attacks by hackers, thieves, hackers, viruses, etc, nor malfunctions of the Platform and/or the Services caused by non-conformity and/or obsolescence of the equipment with which the Customer or third parties are equipped, or determined by the evolution and/or development of the technologies used, as well as malfunctions resulting from the impossibility or difficulty of carrying out the ancillary services arising from the responsibility of the operators of telephone lines, electricity and global and national networks, by way of example, as a result of failures, overloads, interruptions, etc;
- Asters shall also not be liable for any conduct or omissions of third parties that impair the operation of the Platform and/or the Services, including, but not limited to, slowdowns in speed or failure of telephone lines and processors that handle telematic traffic between the Customer and the Services as well as malfunctions of third-party providers such as “Zapier.”;
- Updates to the Platform (including the addition, modification, or removal of functionality, features, or content) are made at the sole discretion of Asters which decides the manner, amount, and timing of such updates. The Customer waives any claims inherent in malfunctions and interruptions that may be related to the aforementioned updates, which, where possible, will always be pre-announced by Asters.
Section 6: Customer representations, warranties and responsibilities
6.1 – Ensuring the accuracy of information
- That all information provided by the Client to Asters is true, complete, correct, and up-to-date, including the data entered into his/her account for use of the Services;
- To be entitled to authorize, and to authorize Asters to exercise all rights necessary to fully execute the Contract;
- To own and/or otherwise validly dispose of the information and materials uploaded to the Services for the use of the Services and/or the creation of the Content.
In the event that the Customer uses features of the Service made available by third parties, including network operators and publicly or privately provided API (Application Programming Interface) services, the following conditions will apply:
- Asters permits access to these features with the understanding that they are subject to terms, conditions and limitations imposed by the relevant providers and that in no event will Asters be liable for their failure or improper functioning. The Customer is obligated to comply in all respects with the Terms of Service of supported third-party Services, such as:
- YouTube’s Terms of Service published on www.youtube.com/t/terms
- Facebook’s Terms of Service published on https://www.facebook.com/terms.php and
https://www.facebook.com/page_guidelines.php - Instagram’s Terms of Service published on https://help.instagram.com/478745558852511
- Twitter’s Terms of Service published on https://twitter.com/en/tos
- LinkedIn’s Terms of Service published on https://www.linkedin.com/legal/user-agreement
- Google’s Terms of Service published on https://support.google.com/business/answer/7667250
- or any Terms of Service issued by any social network or third party service that you may operate using the Service.
- Asters’ use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements and no user data is shared to train AI models;
- In the event that the third party changes, suspends, or discontinues the provision of such features, Asters may consequently change, suspend, or discontinue access to such services, without notice and without obligation to refund for partial or unused months of the Service due to these causes;
- Additionally, Asters will be authorized to suspend the use of the Service that is directly dependent on services offered by such third parties.
In any case, this is without prejudice to Asters’ right, where necessary, to use different suppliers in order to ensure the functionality of the Service. In this regard, The Customer authorizes Asters to provide these third parties with all necessary information.
7.7 – Applicable law and jurisdiction