GENERAL SUBSCRIPTION TERMS AND CONDITIONS Effetto VIOLA
(Italy)
Last update: [11-11-2021]
Effetto viola srl, headquartered in Italy, piazza Minghetti 4, Bologna, welcomes you to the EffettoVIOLA Service. The “EffettoVIOLA Service” is a personalized subscription service that includes the EffettoVIOLA website and associated services and content.
PLEASE READ THESE GENERAL SUBSCRIPTION TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE EFFETTO VIOLA SERVICE.
THESE TERMS GOVERN YOUR USE OF THE SERVICE.
The user must accept the Terms during the registration process for the EffettoVIOLA Service by clicking the “Accept and Continue” button (or through another commonly used mechanism for similar services). If the user does not accept the Terms, they will not be able to use the EffettoVIOLA Service, hereafter referred to as the Service.
We may make changes to these Terms, and each change will take effect thirty (30) days after notifying the user. If the user does not intend to accept the changes made to these Terms, they may terminate the subscription to the Service according to the terms and conditions specified in paragraph 2 below.
Some elements of the Service may change at any time, without notice, to implement technical improvements, provided that this does not result in an increase in the subscription price or a deterioration in the quality of the Service or a substantial change in the Service’s functionality.
List of Paragraphs:
1. Eligibility to Create an Account
2. Subscription Terms
3. License and Restrictions
4. Service Usage Terms
5. Processing of Your Personal Data
6. Service Suspension and Termination
7. Precautions, Intended Use, and Miscellaneous
1. ELIGIBILITY TO CREATE AN ACCOUNT
a. Eligibility to create an account and Age Requirements. Only users residing in one of the countries where the Service is available (“Territory”) can create an account for the Service. These Terms apply to users residing in Italy. To purchase the Service, you must be at least 18 years old. The subscription Service is provided only to individuals for personal use. Individuals under the age of 18 cannot create an account for the Service and are not permitted to provide personal information to EffettoVIOLA.
b. Account Creation and Security. Only individuals who (i) have registered and created an account for the Service, (ii) have provided certain information (e.g., a valid email address), and (iii) have accepted these Terms may use the Service. Effetto VIOLA srl will take appropriate technical and organizational measures to ensure the security of its systems and the processing of personal data. It is strictly forbidden to enter false information in the Name and Surname fields. The user is aware of the civil and criminal penalties provided by art. 76, DPR n.445/2000 in the case of false statements and the forfeiture of any benefits possibly obtained based on untruthful statements as per art. 75, DPR n.445/2000.
The purchasing user is solely responsible for securely safeguarding their username and password and maintaining their confidentiality, as well as all activities that occur within or through their account for the Service. If the user allows others to access their account for the Service, these Terms will also apply to the account’s access, the use of the Service, and the communication of information by such third parties who have used the account. The user must immediately notify Effetto Viola of any unauthorized access to their Service account. Effetto Viola will not be responsible for any damages resulting from the unauthorized use of the Service account by the user.
c. Communications. Any communication from Effetto Viola to the user may be made: (i) via email to the last email address provided by the user, or (ii) by posting a notice on the Service. The user must provide accurate, up-to-date, and complete information and maintain it, including contact details for notices and other communications from us. The user agrees not to impersonate another person or falsely represent an affiliation with any individual or entity, including using someone else’s username, password, or other account information, or the name or appearance of another person, or providing false information regarding a parent or guardian. The user acknowledges that we may take steps to verify the accuracy of the information provided.
2. SUBSCRIPTION TERMS
a. Subscription and Automatic Renewal. The Service subscription involves a recurring and regular payment plan. The subscription automatically renews at the end of the billing period communicated at the time of activation unless canceled as per the instructions below. The subscription cost will be charged to the payment method chosen by the user; the charge will occur at the time of purchase confirmation and at the start of each new billing period unless canceled. The user is responsible for paying all amounts, including any taxes, due to third parties for the Internet access required to use the Service. Please check with your internet service provider for any network usage costs.
b. Free Trial. The subscription to the Service may begin with a free trial only for the monthly subscription. The availability of a free trial is not guaranteed and, if available, is only for users who have never used it in connection with the Service. The first payment will be charged to the chosen payment method immediately after the free trial unless canceled according to the instructions below. The user may cancel the subscription at any time before the end of the free trial. The duration of the free trial is communicated at the time of registration, and no specific communication will be sent when the free trial ends or is about to end, nor at the start of the paid subscription. Only one free trial per user and per credit card or PayPal account is allowed. The user must use their personal credit card or PayPal account. In the case of a duplicate trial account, Effetto Viola srl may recover the amount of the second free trial month, and in no case is a refund of the second free trial permitted. If the user suspends the subscription before payment and subsequently wishes to reactivate it, no additional free usage time will be granted, but it will be automatically and immediately considered a renewal order with the related payment.
Attention: If the user has entered an incorrect email and cannot access the portal to cancel the trial subscription before the free trial period ends, as communicated at the time of activation, they are required to write to info@effettoviola.eu BEFORE the deadline (thus before the charge), otherwise, in case of prior portal usage, the refund cannot be issued (see the following paragraph “c. Cancellation, Refund, and Right of Withdrawal”).
The user is solely responsible for entering an incorrect email address, or with a wrong domain (.con instead of .com) or any other factor that makes reception impossible, such as spam filters or otherwise.
The user is invited to check the reception of emails, even in the SPAM folder, if they have not received communications from Effetto VIOLA, and to mark them as NOT SPAM to avoid missing other communications from Effetto VIOLA.
c. Cancellation, Refund, and Right of Withdrawal. The user may cancel the subscription at any time before the end of the current billing period or free trial, if applicable (monthly subscription). The user may also exercise the right of withdrawal provided by law within fourteen (14) days from the day of accepting these Terms by sending the specific form via email to info@effettoviola.it using the attachment at the bottom of the page (Attachment 1). However, the user expressly acknowledges that the contract will take immediate effect upon access to the Service and agrees that, by using the Service, they lose the right of withdrawal. In this regard, access logs will be verified.
Furthermore, the user may cancel their subscription at any time, and the cancellation will become effective at the end of the current billing period or free trial. To cancel the subscription, please read the instructions provided at https://effettoviola.eu/cancellazione/
The cancellation will take effect only at the end of the current billing period (or the end of the free trial), and until then, the user can still access the Service and use it. We do not grant refunds if the Service has been only partially used during a billing period.
Cancellation must be exercised independently by accessing your private area (as per the instructions sent via email). Failure to use the service does not imply any automatic cancellation of the subscription and related charges.
IMPORTANT: Emails, social media messages, or other communications asking the operator to disable the subscription are not considered since the operator CANNOT modify the subscription for security reasons, and in any case, we cannot guarantee an immediate or useful response to the cancellation request.
The customer is solely responsible for any delays and omissions in the cancellation of the subscription or free trial. Assistance can help the user complete the subscription cancellation process, but with unpredictable response times. In case of delays in responding, the missed cancellation is solely attributable to the user.
d. Withdrawal and Refunds in case of Changes to these Terms. In case of changes to these Terms, other than subscription price changes governed by paragraph 2(a) and changes for technical improvements as indicated in the preamble, we will notify the user thirty (30) days before the change becomes effective by sending an email to the email address associated with the account. If the user does not wish to accept the changes, they may withdraw from the subscription to the Service following the instructions provided below and in the email sent. The user must withdraw from the subscription before the change becomes effective; otherwise, the communicated change is considered accepted.
e. Payment Information. We store the user’s payment details, such as the credit card number and expiration date. The user is required to keep their payment information up to date by modifying it through their account settings. If a payment is not successfully authorized due to the expiration of the credit card used, insufficient funds, or other reasons, we may suspend or terminate the subscription. The user also understands that if they decide to reactivate the subscription to the Service, we may charge the relevant price to the user’s payment method on file. If an invoice is required, it is necessary to write to info@effettoviola.it on the same day of the charge and request it, providing the order number.
f. Subscriptions Signed Through Third Parties. If the user subscribes to the Service through third parties, such subscription is also subject to the terms and conditions of the third party, and in case the provisions of these Terms regarding purchase, billing, cancellation/withdrawal/refund, and payment conflict with those of the third party, the third party’s terms and conditions will prevail over the incompatible provisions of these Terms. For subscriptions signed through a third party, the payment and billing relationship will be directly between the user and the third party.
3. LICENSE AND RESTRICTIONS
a. License. Within the Territory and in compliance with the provisions of these Terms, Effetto Viola grants the user a limited personal, shareable according to the number of shares specified in the subscription, non-transferable, revocable, non-exclusive, and non-sublicensable right. Promotions with the end customer-partner may be activated that can change some types of restrictions.
These Terms constitute a license agreement and not a contract of sale or transfer of any rights to Effetto Viola Content or the Service. The streaming license does not create ownership rights to Effetto Viola Content or the Service. Such Effetto Viola Content and the Service, including copyrights, trademarks, service marks, trade names, trade dress, and other intellectual property rights in Effetto Viola Content, are owned by Effetto Viola, its group companies, and/or its respective licensors, and are protected by copyright, trademark laws, and/or other intellectual property laws and treaties.
b. Restrictions on the Use of Effetto Viola Content. As a condition of the license, the user cannot and must not (unless there are direct agreements with the customer-partner):
i. bypass or disable any content protection system or digital rights management technology used in connection with the Service to control access to Effetto Viola Content; ii. copy Effetto Viola Content (except as expressly permitted by these Terms);
iii. retransmit, broadcast, or perform Effetto Viola Content available through the Effetto Viola Service;
iv. create derivative works from Effetto Viola Content;
v. allow third parties to violate the above restrictions.
c. Restrictions on the Use of the Effetto Viola Service. As a condition of the license, the user cannot and must not:
i. move, decompile, reverse-engineer, disassemble, or otherwise reduce to a human-readable format the Service and/or audio player, underlying technology, any digital rights management mechanism, device, or other content protection or access control measure embedded in the audio player/audio player;
ii. modify the Service, including but not limited to removing identifiers, copyright symbols, or other proprietary symbols from Effetto Viola Content and the Service;
iii. access or use the Service in a way that suggests an association with our products, services, or brands;
iv. use the Service for any commercial or business-related use or in any commercial establishment or public space (e.g., lobby, bar, restaurant, diner, stadium, casino, club, café, theater, etc.) or build a business using Effetto Viola Content or the Service, with or without profit; Unless individual healthcare providers, freelancers with VAT, are allowed, by exception, to use Effetto Viola content in a professional context.
v. create derivative works from any component or update of the Effetto Viola Service owned by Effetto Viola, or parts thereof, except where such activities are permitted by non-waivable law;
vi. circumvent, modify, violate, tamper with, or bypass any feature or protection of the Service;
vii. access, monitor, or copy, or allow any individual or entity to access, monitor, or copy, any element of the Service using a robot, spider, scraper, or other automated or manual means without our express written authorization;
viii. damage, disable, overload, or compromise the Service;
ix. use the Service for any illegal purpose or in any unlawful manner or inconsistent with these Terms;
x. share your login credentials with third parties beyond those allowed by the chosen subscription; or
xi. allow third parties to violate the above restrictions in any other way.
d. Violations. Any attempt to commit one of the activities described in paragraphs 3 (b) and 3 (c) above will be considered a violation of Effetto Viola’s and the copyright owner’s rights.
4. SERVICE USAGE TERMS
a. Effetto Viola Compatible Devices. The use of the Service requires compatible devices, and some software may require periodic updates: the use of the Service may be affected by the performance of these elements. Effetto Viola Content can be accessed from virtually any Internet-connected computer or mobile device (an Internet connection is required) (these computers and mobile devices will be referred to as “Compatible Devices”). Headphones or earphones are required to use the service. For information regarding supported devices, operating systems, web browsers, and optimal streaming support, please visit the website.
b. Internet Connection. A high-speed Internet connection is required to access and use the Service.
c. Streaming Effetto Viola Content. Effetto Viola Content can be streamed through the Service with an active Internet connection. The number of simultaneous streams allowed for each Service account depends on the subscription purchased, at any time.
d. Downloading Effetto Viola Content. Effetto Viola Content cannot be downloaded, even temporarily.
In general, the user can access and use the Service in the Member State of the European Union where their Service account was created, as well as in any other Member State of the European Union to the extent that they are temporarily located in that Member State, in accordance with Regulation (EU) 2017/1128 on the cross-border portability of online content services in the internal market.
e. Future Unavailability. It is possible that the Service and/or some or all of the Content may not be available for streaming at a given time, for example (i) during periods of maintenance or updates, (ii) in the event of power outages or server outages; (iii) due to wars, riots, strikes, social unrest; or (iv) due to other circumstances beyond our control or that of third parties. Effetto Viola will make every reasonable effort to provide the user with as much notice as possible in these circumstances; however, Effetto Viola will not be liable to the user for these occurrences, except in cases of willful misconduct or gross negligence. There may be times when we need to remove certain features or functionality and/or prevent access to the Effetto Viola Service through certain devices or platforms. We will do our best to inform users of such changes, usage rules, and restrictions. The user understands that we will not be liable to them for any modification, suspension, or discontinuation of the Service, except in cases of willful misconduct or gross negligence; in the event we suspend or terminate the Effetto Viola subscription, we may provide the user with a credit, refund, discount, or other form of compensation. However, if the account suspension or the suspension or termination of the user’s access to the Service occurs due to a violation by the user of one or more provisions of these Terms, the user will not be entitled to any credit, refund, discount, or other form of compensation.
f. Promotional and Experimental Features. During our ongoing evaluation of the Service, we may, for some or all of our users, occasionally experiment with or offer new features or other elements of the Service, including promotional features, user interfaces, pricing plans, and pricing. The user’s use of any updates, modifications, or replacement versions of the Service will be governed by these Terms and any additional terms the user must accept when installing the update, modification, or replacement version.
5. PROCESSING OF YOUR PERSONAL DATA
The user acknowledges that Effetto Viola is the data controller of the user’s personal data for the purpose of providing the Service.
For more information about the collection, use, and disclosure of your personal data, you can refer to the PRIVACY POLICY and DATA PROCESSING POLICY. Both documents are always available in the section https://www.iubenda.com/privacy-policy/723075/full-legal
Effetto Viola will use the user’s data to personalize and enhance the user’s experience on the Service and to send them information about the Service. The user can change their communication preferences at any time. We may use the user’s data as described in our PRIVACY POLICY.
The user acknowledges that Effetto Viola may access, store, or disclose the information provided by the user when Effetto Viola, in good faith, believes that such access, storage, or disclosure is necessary to: (i) protect or defend the rights or property of Effetto Viola, or its parent companies, subsidiaries, or affiliates, or its employees, agents, and contractors and contracted entities (including the enforcement of our agreements); (ii) protect the safety of users of the Effetto Viola Service or members of the public, including individuals acting in emergency circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or with legal proceedings.
6. SERVICE SUSPENSION AND TERMINATION
a. The user acknowledges that Effetto Viola may limit, suspend, or terminate access to the Service, in whole or in part, and any Content if Effetto Viola believes that the user is using or has used the Services in violation of the Terms or applicable laws or regulations, or for purposes other than those intended for the Service and in conflict with other applicable guidelines or requirements. In such a case, the user will receive prior notice via email to the email address associated with their account. Apart from this, Effetto Viola may limit or suspend the user’s access to the Service account with reasonable notice to the user, including electronically, for additional reasons, including, without limitation, (a) requests from law enforcement or other competent authorities, (b) technical issues or unforeseen circumstances, or (c) if Effetto Viola has reasons to believe that the user’s Service account was created fraudulently, or that access to the user’s Service account was obtained fraudulently or that someone is using the user’s Service account to commit any unlawful activity or for purposes other than those intended for the Service and in conflict with other applicable requirements. Effetto Viola also reserves the right, with notice to the user, to close any account that remains inactive for a year (for inactivity for the purposes of these Terms means not accessing the user’s Service account).
b. The user acknowledges that Effetto Viola will not be liable to them or third parties for any limitation, modification, suspension, or termination of access to the Effetto Viola account or Effetto Viola Content, except in cases of willful misconduct or gross negligence.
c. Upon closing the Service account, whether it is closed by Effetto Viola or at the user’s request (except in the case of subscription cancellation, in which case the service will be available until the end of the billing period), the user will immediately lose the right to access Effetto Viola Content in streaming through the Effetto Viola Service.
7. PRECAUTIONS, INTENDED USE, AND MISCELLANEOUS
a. The user acknowledges and agrees that the Effetto Viola Content transmitted through the Effetto Viola Service is intended exclusively for wellbeing purposes, not for curing, preventing, or treating any pathology, symptom, or disorder. The website, social media, advertising, and all Effetto Viola Content do not offer professional, medical, or healthcare advice and are not intended for such purposes. EffettoViola is not a medical device, and its staff does not deal with pathologies, symptoms, or disorders.
The active principle is based on the binaural beats technique. This technique, in use for more than 60 years in its various forms, has never produced harmful side effects on health. This was also recently reiterated by the Italian government following a parliamentary inquiry.
(link )
<<…to date, studies, research, and cases produced by the scientific community, including internationally, have not proven that listening, occasionally or repeatedly, to such audio files can result in actually harmful health effects or, much less, cause forms or conditions of addiction…>>
Therefore, there is no evidence of side effects.
As a precaution and for the best possible experience, people suffering from pathologies, symptoms, and/or disorders of various kinds or in sensitive health conditions (convalescence, pregnancy, etc.) are advised to consult their physician or psychologist (for their respective competencies) authorized by their respective professional boards before use.
In case of unpleasant sensations, mental or physical, during or after use, immediately stop using it.
Considering that the use of EffettoVIOLA may induce a state of relaxation immediately after use, it is recommended, before driving vehicles or operating potentially dangerous machinery, as well as before performing any activity that may pose risks of harm in the absence of full attention capacity, to verify with absolute certainty your state of concentration and to have recovered the faculties necessary to safely and correctly perform the aforementioned activities.
b. Subjectivity of Effetto Viola Content. Effetto Viola Content may elicit different reactions in different people who use them. The user may encounter Effetto Viola Content that they find offensive, indecent, explicit, or controversial.
c. Third-Party Services and Effetto Viola Content. The Service may integrate, be integrated into, or be provided alongside third-party services and content that are not under our control. The user is required to read the terms of use, agreements, and privacy policies related to such third-party services and content. If the user accesses the Service using a third-party service or device (e.g., an Apple iOS, Android, or Microsoft Windows device), then Apple Inc., Google, Inc., or Microsoft Corporation, respectively, or another company of this type offering a third-party service or device, will be considered a third-party beneficiary of these Terms. However, these third-party beneficiaries are not parties to these Terms. The user agrees that access to the Service using these devices is also subject to the terms of use set forth in the third-party beneficiary’s service terms.
d. Mobile Networks. When the user accesses the Service through a mobile network, the related charges will apply, including those for messaging, data, and other charges from the network provider or for roaming.
e. Unsolicited Proposal and Idea Submission Policy. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions, or materials. Regarding any content submitted by the user, solicited or otherwise, the user acknowledges that these contents are not considered confidential and that their submission does not create a confidentiality obligation on our part, and no expectation of content review, compensation, or remuneration of any kind arises. Effetto Viola does not claim ownership of any idea, suggestion, or other material submitted; however, regarding such materials, the user grants us a worldwide, non-exclusive, sublicensable, irrevocable, free, and royalty-free license covering all copyrights, trademarks, patents, trade secrets, privacy and personality rights, and other intellectual property rights to use, reproduce, transmit, display, create derivative works from, or otherwise exploit such content for any purpose without time, method, and usage frequency limits, without further notification to the user, with or without attribution and without needing to ask the user’s permission for content use or to compensate the user or any individual or entity.
f. Contacts. The user can contact Effetto Viola in the following ways:
via email: info@effettoviola.it
via mail: Effetto Viola srl, piazza Minghetti 4, Bologna, Italy.
i. Warranty and Liability Limitations. The user understands and agrees, as an essential condition for adhering to these Terms, that Effetto Viola Content and the Effetto Viola Service are provided “as is” and without any warranties. Except in cases of willful misconduct or gross negligence, Effetto Viola, its group companies, their licensors, agents, and service providers (collectively, the “Effetto Viola Parties”) make no express, implied, or legally waivable warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality, and compliance, and their equivalents under applicable law. The user also acknowledges and agrees that the Effetto Viola Parties do not warrant that the Effetto Viola Content and the Service are error-free, virus-free, or free of other harmful components. Effetto Viola will not be liable for direct, indirect, special, incidental, or consequential damages of any kind, including lost profits and personal and property damages, in any way caused, even if warned in advance that the use or inability to use Effetto Viola Content or the Service could cause such damages. Except in cases of willful misconduct or gross negligence, we will not be held responsible for service delays or failures resulting from causes beyond our reasonable control. The liability limitations in this section apply regardless of the legal framework applicable to the case (e.g., tort liability, contractual liability, warranty breach, strict liability, or otherwise) and even if the Parties have been informed in advance of the possibility that such damages could occur. Since some states and jurisdictions do not allow the exclusion or limitation of liability, the liability limitation in this paragraph may not apply to the user.
l. Competent Court. Any dispute between the user and Effetto Viola will be submitted to the court of Bologna.
m. Out-of-Court Dispute Resolution. The user may also approach a competent out-of-court dispute resolution body to resolve any dispute relating to these Terms, as provided by applicable consumer laws. For example, the European online dispute resolution platform http://ec.europa.eu/consumers/odr provides information on alternative dispute resolution that may be of interest to the user, but the user is free to contact an alternative out-of-court dispute resolution body.
o. Governing Law. These Terms and all disputes or claims arising from or relating to these Terms are governed by and interpreted in accordance with Italian law.
p. Prevailing Language. These Terms are also available in English. The user acknowledges and agrees that in case of a discrepancy between the Italian and English versions, the Italian version shall prevail. The user also acknowledges and agrees that in case of future changes or communications sent by the Service in a language different from the one indicated by the user, the future changes and communications will still be considered valid and, in the case of changes to these Terms, will be considered effective.
q. Retention. If any provision of these Terms is deemed invalid, void, or unenforceable for any reason, it will be considered a separate provision and will not affect the validity and effectiveness of the remaining provisions. The user and Effetto Viola must replace the invalid, void, or unenforceable provision with other provisions that are valid and binding and whose effect, given the contents and purpose of these Terms, is as similar as possible to that of the invalid, void, or unenforceable provision.
r. Validity. The provisions of these Terms that by their nature should remain valid and binding after the termination for any reason of these Terms shall survive the said termination.
s. Entire Agreement Between the Parties. These Terms and the provisions contained herein constitute the entire agreement between the user and Effetto Viola regarding the Service and replace all previous agreements, commitments, negotiations, proposals, or other types of understandings between the parties, whether oral or written. No waiver of enforcing any provision of these Terms will be considered or constitute a waiver of enforcing any other provision herein (whether similar or not), nor will such waiver be considered permanent unless expressly provided otherwise.
Download the withdrawal form.
Remember that you accepted this contract during registration, and therefore the waiver of the right of withdrawal in case of service use after payment, so before sending the form, make sure that:
-You must never have used the service (system logs will be automatically checked. Accessing the APP with the tracks is equivalent to usage).
-The form must be received within fourteen days from the payment for which a refund is requested, as per the consumer code.
The system is automated; therefore, the operator cannot override the system through exceptions to this contract.
