TERMS AND CONDITIONS OF SALE AND USE
By using the website www.royaltify.com and all related pages operated by Holden International LLC, with registered office at 8 The Green, Suite R, Dover, Delaware 19901, United States, EIN: 35-2812249, the Customer is required to comply with the terms and conditions of use set forth below.
Each Customer is responsible for reviewing these Terms and Conditions in order to verify any changes made after their last visit to the Website.
The purchase and/or use of the Products and Services offered through the Website entails full acceptance of these Terms and Conditions and any amendments subsequently introduced.
Therefore, by purchasing or using a Product or Service through the Website, the Customer automatically accepts these “Terms and Conditions of Sale and Use”.
1. DEFINITIONS
Terms and Conditions of Sale and Use, or simply Terms and Conditions: this document, which sets out the general terms governing the purchase and use of the Products and Services offered by the Provider to the Customer.
Provider: Holden International LLC, with registered office at 8 The Green, Suite R, Dover, Delaware 19901, United States, EIN: 35-2812249.
Customer: any natural or legal person who purchases or uses the Products and Services provided by the Provider. The Customer may qualify as a Consumer or a Professional depending on the purpose for which the Products and Services are purchased and used and in accordance with applicable law.
Parties: the Provider and the Customer jointly.
Website: the URL www.royaltify.com, through which the Provider’s Products and Services may be viewed, purchased and/or used.
Product or Products / Service or Services: the digital products, software, tools and related services offered by the Provider to the Customer through Royaltify.
Royaltify provides software tools designed to assist users in collecting, organizing, monitoring and analyzing data relating to publishing activities and related business activities.
The Service may also allow Customers to connect accounts held with third-party publishing, advertising or other platforms in order to access and organize information made available by such platforms.
2. SUBJECT MATTER OF THE AGREEMENT
These Terms and Conditions govern the agreement concerning the online provision by the Provider to the Customer, through the Website, of the Products and Services offered by Royaltify.
The purchase and/or use of the Products and Services implies the Customer’s full and unconditional acceptance of these Terms and Conditions, which constitute a binding agreement between the Parties.
These Terms and Conditions shall remain valid and effective until amended and/or supplemented by the Provider.
Any amendments and/or additions to the Terms and Conditions shall become effective from the date on which they are published on the Website and shall apply to purchases and use of the Service occurring from that date onward.
The Provider may make the Products and Services available within the limits of technical and operational availability.
The Provider undertakes to inform the Customer, where reasonably possible, of any material and unforeseen unavailability of the Service.
The Products and Services offered through Royaltify consist primarily of access to digital software tools and functionalities intended for the management, organization and analysis of publishing-related data.
Depending on the functionalities available from time to time, the Customer may be able to connect third-party platforms to Royaltify.
Where such connections are enabled, the Customer voluntarily authorizes the Provider to access and process the information made available by the relevant third-party platforms within the limits of the permissions granted by the Customer.
The availability and scope of such data depend on the systems, permissions and technical infrastructure of the relevant third-party platform.
3. PURCHASE AND PAYMENT METHODS
The Products and Services may be purchased through the forms, checkout pages or other purchasing methods made available by the Provider through the Website.
Payment may be made as a single payment or, where expressly offered by the Provider, through recurring or instalment payments.
Where the Product or Service is provided through a subscription, the Customer agrees to pay the applicable recurring fee according to the billing frequency indicated at the time of purchase.
Unless otherwise stated at the time of purchase, recurring subscriptions may renew automatically until cancelled by the Customer.
The Customer may cancel future subscription renewals through the methods made available by the Provider.
Cancellation shall not affect payments already due or already charged, except where reimbursement is required under applicable law.
The payment options available may include credit or debit card payments and payments through third-party payment service providers made available on the Website.
The Customer is responsible for ensuring that the payment information provided is accurate and that the selected payment method is valid and authorized for online transactions.
Where payment is made through a third-party payment processor, the relevant payment may also be subject to the terms and conditions of that provider.
4. PRICES
All prices for Products and Services shall be those indicated on the Provider’s Website or on the relevant checkout page at the time of purchase.
Any applicable taxes may be added where required by law.
The Provider reserves the right to change the prices of its Products and Services at any time.
Any price change shall not affect purchases already completed before the change becomes effective, except in the case of recurring subscriptions where the Customer is informed of the new applicable price in accordance with applicable law.
Any obvious clerical or technical errors in the displayed price shall not bind the Provider where the price is clearly inconsistent with the normal price of the Product or Service.
5. INDUSTRIAL AND INTELLECTUAL PROPERTY
The structure, layout, source code, software, plug-ins, know-how, project, trademarks, content, text, graphics, concept and all other elements relating to the Website and the Products and Services are owned by or licensed to the Provider and are protected by applicable intellectual and industrial property laws.
From the moment the Customer accesses the Website or Service, the Customer shall be solely responsible for the manner in which the information and materials made available are used.
The Customer undertakes not to improperly use, disclose, distribute or exploit any content or material available through the Website or Service.
The Customer expressly undertakes to respect all intellectual and industrial property rights relating to the Provider.
By way of example and without limitation, the Customer may not:
decompile, disassemble or reverse engineer the Service;
modify or create derivative works based on the Service;
circumvent security systems or technical restrictions;
copy, store, reproduce, modify or distribute protected content;
use robots, spiders, scraping systems or other automated means to access, retrieve or index portions of the Website or Service without authorization;
rent, license, sublicense, resell or commercially exploit access to the Service without the Provider’s authorization.
Nothing in these Terms grants the Customer ownership of Royaltify, its software or its proprietary technology.
6. CUSTOMER OBLIGATIONS
The Customer who registers on the Provider’s Website and uses the Products and Services undertakes to provide accurate, complete and truthful personal and account information when creating or updating their profile.
The Customer undertakes not to upload, transmit or process unlawful content or data through their Account.
The Customer is responsible for maintaining the confidentiality and security of their Account and access credentials.
Where the Customer connects an account held with a third-party platform, the Customer declares that they are authorized to access and connect that account.
The Customer is solely responsible for ensuring compliance with the terms and policies applicable to the third-party platforms they choose to connect.
The Customer shall not use the Service:
• for unlawful or fraudulent purposes;
to gain unauthorized access to third-party accounts or data;
to interfere with the operation or security of the Service;
• to transmit malicious software or code;
• to infringe third-party rights;
in any manner contrary to applicable law.
The Customer shall be responsible for all activity carried out through their Account, except where such activity results directly from circumstances attributable to the Provider.
7. RIGHT OF WITHDRAWAL
7.1 Right of withdrawal for Consumer Customers
Where the Customer qualifies as a Consumer and applicable consumer law provides for a statutory right of withdrawal, the Customer may exercise such right within the period established by applicable law.
Where Italian or European consumer legislation applies, the withdrawal period is generally 14 days from the conclusion of the agreement for services.
To exercise the right of withdrawal, the Consumer Customer must inform the Provider of their decision through an explicit statement sent to:
before expiry of the applicable withdrawal period.
7.2 Exceptions to the right of withdrawal
Where permitted under applicable consumer legislation, the right of withdrawal may be excluded or cease to apply where the supply of a digital service or digital content has begun at the express request of the Consumer and the conditions required by applicable law have been satisfied.
7.3 Immediate provision of the Service
Where applicable, by purchasing a Product or Service and requesting immediate access to Royaltify, the Consumer acknowledges that performance of the digital service may begin immediately.
Any limitation or loss of the statutory withdrawal right shall apply only where permitted by applicable law and where the legally required consent and acknowledgment have been obtained.
7.4 Professional Customers
The statutory withdrawal rights granted specifically to Consumers do not apply where the Customer purchases and uses the Products or Services for purposes related to their trade, business, craft or profession, except where otherwise required by applicable law.
8. AMENDMENTS TO THE TERMS AND CONDITIONS
Where amendments to these Terms and Conditions become necessary, including as a result of changes in law, technology, functionality or the characteristics of the Service, the Provider shall update them by publishing the revised version on the Website.
If any provision, article or part thereof is or becomes invalid, void or unenforceable, the remaining provisions shall remain valid and effective.
9. LIMITATION OF LIABILITY
The Provider shall not be liable to the Customer or to persons directly or indirectly connected with the Customer for delays, disruptions or suspensions of the Website or Service resulting from events beyond the Provider’s reasonable control.
Such events may include, by way of example: internet or telecommunications failures;
• hosting or infrastructure failures;
• failures affecting third-party providers;
interruption or malfunction of third-party platforms;
changes to APIs or third-party technical systems;
• software malfunction;
measures adopted by national or foreign authorities;
cyberattacks, viruses, hackers or unauthorized third-party interference;
equipment or connectivity problems affecting the Customer.
The Provider shall also not be responsible for inaccuracies, delays, errors or omissions in information supplied by third-party platforms and subsequently displayed or processed through Royaltify.
The Customer acknowledges that certain data displayed through Royaltify may originate from third-party platforms and that the timing, accuracy and availability of such data may therefore depend on third parties over which the Provider has no control.
Royaltify provides tools for the collection, organization and analysis of information and does not guarantee any specific commercial, financial, publishing, advertising or sales result.
The Provider shall not be responsible for decisions taken by the Customer based on data, calculations, statistics, estimates or other information available through the Service.
The Provider shall not be liable for misuse by the Customer of third-party platforms, Accounts or information connected to the Service.
The Customer remains solely responsible for any fiscal, commercial, publishing, advertising or other obligations connected with their own activities.
The Provider does not assume responsibility for unauthorized use of the Customer’s personal profiles or third-party accounts where such unauthorized use is not attributable to the Provider.
Nothing in this Article shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
10. PRIVACY POLICY
For information concerning the processing of personal data, please refer to the dedicated Privacy Policy available on the Website.
11. LANGUAGE, APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are available in English.
The relationship between the Provider and the Customer shall continue to be governed by Italian law, without prejudice to any mandatory consumer protection rules that may apply to the Customer.
The Parties agree that any dispute concerning the interpretation, validity or performance of this agreement shall be subject to the jurisdiction of the Court of Rome, except where mandatory applicable law provides otherwise.
CONTACTS
Holden International LLC
8 The Green, Suite R
Dover, Delaware 19901
United States
EIN: 35-2812249
Website: www.royaltify.com
Email: [email protected]