Terms and Conditions

The Website present at the URL www.123web.ai (hereinafter the “Site”) is owned by Mediainfo S.r.l., a company under Italian law with VAT No. 04323530248 and registered office in Via Castello 13, 36050, Monteviale (VI) (hereinafter, the “Company” or also “123Web”). These terms and conditions (hereinafter, the “Terms and Conditions” or the “Contract”) govern the access, navigation, and use of the Site, as well as the purchase and/or subscription of the products and IT services offered through it.

Art. 1. Essential Definitions

For the purposes of this Contract:

• “User(s)” means any person who accesses and/or uses the Site, including registration and the use of free functions for the creation, configuration, and previewing of website drafts;
• “Customer(s)” means any User who, following registration, purchases or subscribes to one or more paid services;
• “Recipient(s)” means, collectively, Users and Customers.

Art. 2. Object of the contract and types of Services.

This Contract has as its object the supply, by 123Web, of products and IT services (hereinafter, the “Services”), some of which are also made available free of charge, including, by way of example but not limited to:

• the production, design, creation, and pre-visualization of website drafts (including professional, corporate, or personal websites, sites for specific and timely events, as well as sites for the display of professional and/or artistic portfolios);
• the production, design, creation, pre-visualization and publication, management, and maintenance of websites (including professional, corporate, or personal websites, sites for specific and timely events, as well as sites for the display of professional and/or artistic portfolios);
• the provision of software that allows the management of the aforementioned websites and access credentials to the File Transfer Protocol (FTP);
• the supply of the software source code of the website; the update of the website management software;
• the provision of hosting spaces and dedicated servers;
• the registration and maintenance of domains;
• the provision and management of email boxes connected to the websites;
• the provision of backup services;
• the optimization of websites for search engines.

The Company makes available various packages that include combinations of Services (hereinafter, the “Package(s)”), which can be purchased both one-time and on an ongoing basis, for periods of at least annual duration (1 year). The Company also provides the possibility of providing, upon request, a customized ad hoc service (hereinafter, the “Order(s)”); in this case, a detailed estimate to be signed will be sent to the Customer.

This Contract governs the Orders and Packages offered by 123Web, unless otherwise provided in the conditions of the individual service, and also applies to further services and products that will be offered by 123Web, which the Customer can access by signing supplementary contracts, where deemed compatible by 123Web.

The precise details of each Package or Order (commercial name, included features, prices, fees, one-time costs, duration and renewal methods, etc.) are indicated on the Site or within the contractual conditions of each individual Package or Order at the time of purchase. The Customer is required to carefully read such information before proceeding with payment.

Art. 2 bis. Use and Purchase of Services.

Through the website www.123web.ai, 123WEB makes available various functions and tools, including functions based on the use of artificial intelligence, which allow you to create, configure, and preview a draft of your website for free (hereinafter the “Project(s)”). In the development of the Project, the User is able to indicate specific information and instructions – including those related to the graphic, structure, code, and related processing settings – as well as to upload useful materials (for example: texts, images, logos, slogans, information/policies, company information, access credentials, etc.).

In order to access the development of Projects, the User must register on the Site, providing an email and password, to create their own account.

Once the configuration of the Project has been defined, the User can proceed with the purchase of the selected Package, becoming a Customer upon completion of the purchase. With the purchase, the Customer obtains the right to download the source code of the website as configured, both in terms of graphics and structure and in terms of content, and to make further changes in full autonomy, intervening on the code (manually and/or through their own editing/coding tools) and, consequently, also on the graphic aspect and design.

The Customer acknowledges and accepts that, once the purchase of the Package is finalized, it will no longer be possible to independently modify the Project through the editing and coding functions and tools made available by 123WEB. If the Customer needs further interventions or services (e.g. subsequent modifications, updates, or customizations), they are invited to contact 123WEB to request the formulation of a specific Order, indicating their needs; in this case, the Company will prepare a dedicated estimate.

123WEB also makes available to the Customer some Services that depend on third-party providers (as defined in art. 9) for which 123Web acts as an intermediary, such as, by way of example, the service for the purchase of domain names. Therefore, the Customer acknowledges and accepts that the base cost indicated for each Package or Order may undergo variations. In any case, if the Customer purchases the domain or other services through the Company's providers, 123WEB cannot be held responsible for any delays or disservices attributable to the Company's providers.

Art. 3. Technical limits and correct use of services.

The Services offered by 123Web can be used within the limits provided by this Contract and, where applicable, the specific conditions of each Package or Order, according to criteria of fairness and good faith. The Recipient undertakes, in any case, not to engage in anomalous or abusive conduct, contrary to netiquette or otherwise suitable to jeopardize the security, stability, and continuity of the infrastructure and/or the use of the Services by third parties. The regular functioning of the Services is ensured within the thresholds and under the conditions indicated below, without prejudice to what is otherwise provided in the specific conditions of each Package or Order, where signed.

• • Free development of Projects: the free functions are made available in “as is” mode and may be subject to technical and operational limitations, as well as modifications and updates over time. In particular: (i) the availability of the functions may vary and is not guaranteed continuously; (ii) the Project is kept for a maximum period of 7 days from its creation and/or from the last modification, after which it may be deleted or made no longer accessible; (iii) the creation of 1 (one) Project per account is allowed, unless otherwise indicated on the Site; (iv) some functions may be temporarily unavailable or subject to limitations, also due to technical or operational conditions (e.g. maintenance, updates, security needs, or system load).
• • Website pages: there are generally no limits to the number of pages that can be created for the website, except as specifically provided by the Packages or Orders.
• • Hosting and resources: the hosting space is usable within the limit provided by the Package or Order. Unless otherwise expressly provided, the storage space intended for email boxes is included in the total hosting space provided for each Package or Order (for example: 5 GB of email space are included in the total 10 GB of hosting space included in the Package). Any further technical limitations remain applicable (by way of example: bandwidth, traffic, simultaneous requests, use of system resources, number of files or databases), also introduced by the Company for safety, stability, and continuity of service needs.
• • Email boxes and rate limits: the management of email boxes is subject to a maximum traffic of 200 outgoing emails/hour, 500 outgoing emails/day, and unlimited incoming emails/day. These thresholds have protection purposes and are aimed at ensuring the orderly functioning of the mail system, avoiding that improper or excessive use by one or more users causes delays or disservices for others. In case of exceeding the thresholds, or in the presence of activities attributable to massive sending, spam, account compromise, or unauthorized access attempts, the email service may be temporarily limited or suspended. The Customer can proceed with reactivation through the webmail panel, unlocking the account and removing excess data and/or adopting necessary measures (for example: changing credentials and verifying devices) for the restoration of adequate safety conditions.
• • Backup: the Company makes backup services available as support and protection measures. The Customer takes note that the backup may be subject to the limitations (for example: frequency, retention times, maximum sizes, number of copies, methods, and times of restoration) of each Package or Order.

The Company reserves, in any case, the right to intervene, even by blocking or limiting the Site and/or the Services (including, by way of example, Project development, hosting, backup, and email service), as well as to adopt protection and containment measures (such as, by way of example: rate limits, temporary blocks, filters, suspension of Services, etc.) if anomalous or improper behavior is found, the use thresholds are exceeded, or there is a risk for the infrastructure or for the continuity and quality of the Services rendered to other users.

In particular, the Company, at its discretion, can refuse, suspend, limit, or revoke the registration and/or access to the account (also with immediate effect) and/or to the functions of the Site to the User, if: (a) abusive multiple registrations or anomalous uses of the Site emerge; (b) content that is illicit or harmful to the rights of third parties is uploaded, published, or otherwise made available; (c) activities or conduct that compromise the security, stability, or continuity of the infrastructure are found; and/or (d) these Terms and Conditions are violated.

It is understood that any limitations, slowdowns, or suspensions ordered for safety, maintenance, update needs, or for causes not attributable to the Company (including criticalities and disservices depending on third-party suppliers, registers, or providers) do not involve any liability on the part of the Company, without prejudice to what may be provided in the specific applicable conditions and, where provided, in the relative service levels.

Art. 4. Intellectual property rights.

The ownership and responsibility for texts, logos, brands, images, and, in general, materials that the Customer provides to 123Web for the execution of the Services, as well as those that the Customer publishes directly on the site or on the hosting space, remain the property of the Customer.

The Customer grants 123Web, free of charge and without time limits, a non-exclusive license to use the websites created within the scope of the Services, for self-promotion and advertising purposes (for example: portfolio, case studies, demos, and commercial presentations). The Customer can at any time revoke such license with written communication to 123Web. The User and the Customer also undertake to request 123Web's prior authorization before disseminating press releases, information or promotional materials that directly involve 123Web.

The ownership of the website management software remains entirely with 123Web and is granted to the Customer under license exclusively for the duration of the Contract. The ownership of the website created for the Customer, including the source code and published contents, belongs to the Customer. The Customer can download a copy of the source code of their own site in HTML format at any time through the available functions (for example “save page” of the browser or similar tools). It is understood that such download concerns a copy of the site as viewable and does not involve, nor include, the delivery or obtaining of 123Web management software, which cannot be downloaded, copied, or acquired by the Customer in any way.

Art. 5. Obligations and responsibilities.

The Recipient undertakes to indemnify and hold 123Web harmless from any liability arising from illicit uses of the Service and/or from the use, publication, insertion, or transmission, through the Service, of information and content found, uploaded, communicated, or otherwise made available by the Recipient or on their behalf, including the results or outputs generated with the use of the tools and functions, including those that make use of artificial intelligence, made available by the Company. It is understood that 123Web is not responsible, in any case, for any damage that the Recipient may cause to third parties, even in case of lawful use of the Service.

The Recipient, therefore, assumes all responsibility in relation to information and content, of any nature and format (by way of example: texts, images, videos, documents, and any other material), which (i) it transits through the Services (such as, by way of example, development of websites and/or website drafts, hosting, email, newsletter, etc.); (ii) it generates through the artificial intelligence tools that 123Web makes available; (iii) it publishes on its own web pages or on the hosting space, where applicable; (iv) it delivers to 123Web for the realization of the site, or; (v) it sends via email, as well as in relation to all activities and consequences that may derive from such information and content.

In particular, the Recipient undertakes to use the Services and the functions for creating and configuring websites (and, where applicable, for publishing them) in compliance with the current legislation, with specific reference to the discipline in the matter of copyright and, more in general, to the intellectual property rights and the rights of third parties.

The free functions of the Site, including those for the creation, configuration, and pre-visualization of Projects, are accessible only to Users who have completed the registration and created an account. The paid Services, on the other hand, are usable exclusively by Customers who have purchased or subscribed to a Package or an Order, as well as by any users expressly enabled by them.

Through the Site and/or the Services offered by 123Web, the Recipient cannot carry out activities that, deliberately:

• 1. aim to achieve unauthorized access to resources connected to the network or to bypass security measures and/or access credentials;
• 2. prejudice the regular operation of the network or reduce its usability or performance for other users;
• 3. alter the integrity of information present on third-party systems or introduce or disseminate programs, codes, or other elements suitable for damaging or compromising systems, data, or networks;
• 4. determine unauthorized transfers of information (including, by way of example, software, databases, or other contents);
• 5. are aimed at sending unwanted or deceptive communications (spam), or at the publication or dissemination of illicit content or content harmful to third-party rights.

Art. 6. Limitation of liability and indemnity.

123Web is exclusively responsible for its own omissions and/or its own errors related to the paid Services purchased or subscribed to that determine the cancellation or a serious and essential alteration of the efficiency of the Service itself, provided that such omissions and/or errors are timely contested and communicated by the Customer.

If the disservice lasts for a period longer than 30 (thirty) days, the Customer will have the right to the free repetition of the Service for a period equal to the one agreed upon. Any further compensation claim, for any reason, within the limits allowed by law, is expressly excluded.

123Web is not responsible for any direct or indirect damage suffered by the Recipient (including the loss of data or content) deriving from interruptions, suspensions, slowdowns, or malfunctions of the Site/Services due to ordinary or extraordinary maintenance, or to any cause not attributable to 123Web, including those attributable to third-party suppliers or services (as defined by art. 9).

In particular, with reference to the artificial intelligence tools that 123Web makes available for the creation and configuration of the website (including codes, graphic settings, and texts), the Recipient takes note that the results or outputs generated may contain errors and/or inaccuracies and must be verified before their use and, where applicable, publication. It is understood that the Recipient is the only person responsible for the use of the outputs and their compliance with the current legislation and the rights of third parties (including, by way of example, copyright and trademarks), as well as their publication. 123Web does not provide any guarantee regarding accuracy, suitability, originality, or lawfulness of the generated results and the Recipient undertakes to indemnify and hold 123Web harmless from any claims of third parties connected to the use and/or publication.

Art. 7. Security measures.

The Company adopts reasonable technical and organizational measures to ensure the continuity and security of the infrastructure and Services (such as, by way of example, daily monitoring activities, perimeter protection systems (firewall), internal data duplication systems with instantaneous copy (mirroring), and backup procedure on distinct servers. 123Web has also created and manages a technical structure aimed at minimizing the risk of data loss and, as far as possible, at containing the Service restoration times in case of failures or system malfunctions.

With reference to the Services purchased by the Customer, the latter takes note that such measures and the technical structure adopted reduce the probability of data loss, but cannot completely eliminate it. Therefore, if the Customer processes or stores data of particular relevance or criticality, they are invited to maintain autonomous security copies with times and methods at their discretion and/or, if necessary, to purchase advanced backup services or “custom” solutions, requestable from the Company.

123Web can, if necessary, adopt the following measures towards the Recipient. When possible, the Recipient will be previously informed; in case of urgency, 123Web can intervene with immediate effect to:

• a) control and monitor access to the Site, restricted areas, accounts, and/or website management software, within the limits strictly necessary for management, security, and continuity purposes;
• b) send communications and technical information, also via email, relating to the Site/Services and/or their operability, where reasonably pertinent and of possible interest;
• c) suspend, limit, or block the Site/Services and/or the account in case of abuse or non-compliant use and, more in general, to protect the security, the integrity of the systems, and the correct use by other users. In particular, if the Recipient uses the Site/Services in violation of netiquette and/or the limits provided for by this Contract (including Art. 3), or in the presence of violations, illicit use, or risk for security and/or integrity of the systems (by way of example: spam, malware, phishing, violations of copyright, trademarks, or other third-party rights, as well as illicit content), the Company may, also separately: i) suspend or temporarily limit access or specific functions; ii) request the removal of content and/or disable access to it; iii) adopt urgent and necessary technical measures to prevent or contain the risk.

Regarding the free Services for the development of Projects, the User takes note that such functions are made available in “as is” mode and may be subject to technical and operational limitations, as indicated on the Site and/or in this Contract. The Company can also suspend or limit access to the free functions and/or the User's account if it detects anomalous, abusive, or non-compliant use, or a risk to the security of the infrastructure.

Art. 8. Duration of the contract, renewal and variation of the fee.

The duration of the Contract is determined by the Services included in the individual Package or Order and can provide for one-time or ongoing performance. In case of ongoing supply, the duration is usually not less than 1 (one) year, starting from the date of payment credit.

Following the purchase of the Services and the credit of the payment, 123Web will issue the invoice on the basis of the billing data communicated by the Customer and will transmit it to them within the time required by law.

The Contract automatically renews at expiration for a period of equivalent duration to the one originally signed, at the same economic and contractual conditions in force at the time of renewal, unless the Customer has previously deactivated the automatic renewal according to the methods and terms indicated in these contractual conditions.

Deactivation must be carried out before the expiration date through the restricted area or according to the further procedures communicated by the Provider; otherwise, the renewal will be considered automatically perfected with the consequent debit of the expected fee.

The Customer acknowledges and accepts that 123Web may annually update the prices of the Services in an amount correlated (i) to the change in inflation and/or (ii) to the increases in costs relating to services, supplies, or components that depend, even indirectly, on third-party suppliers or services (as defined by Art. 9).

Art. 9 Suppliers.

In providing the Services, the Company may use the support of third parties (jointly, the “Suppliers”). Such Suppliers operate as autonomous contractors and are in no way to be considered agents or employees of the Company. Consequently, the Company cannot be held responsible for acts or omissions, intentional or negligent, committed by its Suppliers or their employees, collaborators, appointees, or representatives, including – by way of mere example – the failure, partial, or incorrect fulfillment of the Services.

The Company does not assume, in any case, any responsibility regarding the quality of additional services possibly offered by the Suppliers.

Art. 10. Withdrawal and Termination of the contract.

On the Services purchased and present on the website www.123web.ai, no right of withdrawal is provided for the Customer, not even for the Customer who is to be understood as a consumer (understood as any natural person acting for purposes unrelated to their entrepreneurial, commercial, professional activity possibly carried out), as the case falls within the cases of exception to the right of withdrawal provided for by Art. 59 of Legislative Decree 6 September 2005, no. 206. In particular: (i) at letter o) of paragraph 1, the right of withdrawal is in fact excluded for “the supply of digital content through a non-material support if execution has begun with the express agreement of the consumer and with their acceptance of the fact that in such case they would have lost the right of withdrawal.”; (ii) at letter n) of the same article, the right of withdrawal is also excluded, among others, for “services regarding leisure activities if the contract provides for a specific date or period of execution”.

The Company has the right to suspend the Service with immediate effect in all cases of violation and/or non-fulfillment by the Customer provided for by this Contract, and specifically in the cases contemplated by the articles: Art. 3 – Technical limits and correct use of services; Art. 4 – Intellectual property rights; Art. 5 – Obligations and responsibilities of the Customer.

In such cases, the Company will have the right to terminate the Contract by simple written communication, without any notice period, without prejudice to the Customer's obligation to pay the entire agreed fee and expressly excluding any claim for compensation or indemnity against the Company.

Without prejudice to the above, the refund of the amount paid is provided for only in case of serious and substantial disservice, where ascertained according to the methods provided for by Art. 6. In such cases, 123Web undertakes to return the sums paid as a fee for the Service to the Customer as soon as possible and in any case within 30 (thirty) days from the date on which it became aware of the refund request submitted in accordance with what is provided.

Art. 11 Contacts.

The Company's contact details are as follows: Mediainfo S.r.l., with registered office in Via Castello 13, 36050, Monteviale (Vi), Italy and VAT no. 04323530248.

For any request, exercise of rights, communication, clarification question, or information request, it is possible to contact the 123Web support team by writing to the following email address: info@123web.ai

When contacting the 123Web support team, the User is required to indicate at least the email address associated with the account and a description of the request. If the request comes from a Customer or concerns paid Services (e.g. billing, renewals, refunds, or contractual aspects), the Customer is also required to provide the data necessary for the identification and administrative management of the request (by way of example: name and surname or company name, Tax Code and/or VAT no.).

Art. 12. Miscellaneous

12.1. Privacy Policy and Cookies. The processing of the Recipient's personal data takes place according to the Privacy Information available on the Site, which forms an integral part of this Contract. The use of cookies and similar tracking tools is governed by the Cookie Policy.

12.2. Changes to the Contract. The Company may update or modify, in whole or in part, this Contract as well as the characteristics of the Packages and Orders for technical, organizational, security reasons, or for regulatory adjustments. In the case of significant changes, the Company will inform Customers and, where appropriate, registered Users, using the address associated with the account and/or indicated during the purchase phase. The continued use of the Site and Services after the publication of the changes may be interpreted as acceptance of the new conditions.

12.3. Titles and Subtitles. The titles and subtitles that precede each article or sub-article of this Contract have purely descriptive value and are not binding; they do not determine its content and may not correspond to the relative provisions.

12.4. Assignment of the contract. The Recipient authorizes the Company as of now to assign this contract to subsidiaries, parents, or associates, or in the context of corporate reorganization, merger, demerger, or business branch transfer operations, without prejudice to the fact that the assignee must guarantee equivalent service levels.

Art. 13. Applicable law and jurisdiction.

This Contract and the specific terms and conditions for each Package or Order are governed by Italian law.

For every dispute relating to the interpretation, execution, or validity of this Contract or of the specific terms and conditions of each Package or Order, the court of Rome will have exclusive jurisdiction.