General Terms of Use

1. Who we are, scope and related documents

These Terms govern the use of the websites and online services of Incomedia S.r.l., Via Burolo 22/A, 10015 Ivrea (TO), Italy, VAT number and tax code 07514640015, contact policy@incomedia.eu ("Incomedia").

They apply to incomedia.eu, websitex5.com and its subdomains (for example Help Center, Marketplace and guides), webanimator.com and the other Incomedia websites that refer to them, and to the accounts and online services offered through them (the "Services").

Other documents apply in addition to these Terms and, within their subject matter, take precedence over them:

• the WebSite X5 End User Licence Agreement (EULA), for the use of the software;
• the Additional Terms for AI Features, for MagicText, MagicSite and the other artificial intelligence tools;
• the Marketplace Terms of Use, for credits, Templates, optional Objects and other purchases made with credits;
• the sales terms of 2Checkout/Verifone, which sells licences and credits as a reseller, and Incomedia's sales terms for purchases made directly with Incomedia;
• the Privacy Policy, which explains how we process your data.

2. Acceptance; consumers and business users

By using the websites you agree to comply with these Terms. When you create an account or purchase a service, we ask you to accept them expressly.

You are a consumer if you use the Services for purposes outside your trade, business, craft or profession; otherwise you are a business user. Some clauses apply only to business users, and this is stated. Nothing in these Terms limits the rights that the law of your country grants you as a consumer and that cannot be waived by contract.

If you accept on behalf of a company or other organisation, you confirm that you have the authority to bind it.

3. Account

• Some Services (Help Center, Marketplace, management of licences and credits) require a free account.
• You must be at least 14 years old or, if higher, the minimum age required in your country to use online services without parental consent (for example 16 in Germany).
• Provide true and up-to-date information and a valid email address, because that is where you will receive licence keys, confirmations and service communications.
• Your account is personal: do not transfer it or share your password. You are responsible for the activities carried out with your account, unless they result from unauthorised use that you could not prevent.
• If you suspect unauthorised access, change your password and write immediately to policy@incomedia.eu.
• You can close your account at any time (section 11).

4. Permitted use of the websites and services

You may use the Services for personal and professional purposes, including commercial ones, according to their function: finding out about WebSite X5, managing licences and credits, getting support and taking part in the community. You may quote guides and articles from our websites with a link to the source.

You may not:

• break the law or infringe the rights of others, harass or harm other people;
• impersonate others or falsely claim a relationship with Incomedia;
• spread viruses, malware or malicious code;
• attempt to gain unauthorised access to systems, accounts or data, or circumvent security measures;
• overload or disrupt the operation of the Services;
• systematically extract content or data with robots, scrapers or similar tools, except search engines, which may index the websites according to the rules in the robots.txt file;
• send spam or unsolicited promotional communications through the Services provided by Incomedia, for example in posts, comments or messages in the Help Center;
• reproduce, republish or sell the content of the websites, except as permitted by law or by these Terms.

Incomedia expressly reserves the use of the content of its websites for text and data mining, including for training artificial intelligence systems (Art. 70-quater of the Italian Copyright Law, Law 633/1941, and Art. 4 of Directive (EU) 2019/790).

5. User content in the Help Center

New accounts. Until you activate a WebSite X5 licence or our staff approve your account, the content you publish is visible only to Incomedia staff.

Your responsibilities. You may publish questions, answers, comments and attachments ("User Content"). You are responsible for what you publish. User Content must be relevant and must not be unlawful, defamatory, offensive, discriminatory, obscene or violent; it must not infringe copyright, trademarks, privacy or other third-party rights, or contain other people's personal data without a legal basis, unsolicited advertising or malicious code. Do not publish confidential information: the Help Center is public.

Licence to Incomedia. You retain ownership of your User Content. You grant Incomedia a non-exclusive, royalty-free, worldwide licence to host, reproduce and adapt it to the format of the Services and to display it in the Help Center and related Services, for as long as it remains published. Incomedia will ask your permission before using it in marketing materials. If you send suggestions for improving our products, Incomedia may use them without any obligation to you.

Reports. Anyone can report content they consider unlawful or contrary to these Terms using the "Abuse" button or by writing to policy@incomedia.eu. The report must identify the content (for example with a link) and the reason and, if possible, include the details of the person reporting it. We handle reports in a timely, diligent and objective manner.

Moderation. Incomedia may remove, hide or restrict User Content that is unlawful or contrary to these Terms, and suspend users who repeatedly publish it. To identify such content it also uses an automated tool based on artificial intelligence, which can automatically decide whether to publish, hide or remove content. When we take action on your content, we explain why, stating the rule applied, whether automated means were used and how to challenge the decision, unless the law prevents us from doing so. If you believe the decision is wrong, write to policy@incomedia.eu and we will review it.

If your account is restricted or suspended, you will continue to receive support for the products you have purchased by email or through other channels indicated by Incomedia. The practical rules for posting are explained in the Community Guidelines; in case of conflict, these Terms prevail.

Point of contact. For authorities and users, the single point of contact required by Regulation (EU) 2022/2065 (Arts. 11 and 12) is policy@incomedia.eu; you can write in Italian or English.

6. AI features, images and credits

The artificial intelligence features (MagicText, MagicSite, the support assistant), the images offered in the software and credits are governed by the EULA, the Additional Terms for AI Features (incomedia.eu/policy/ai-terms_en.html) and the Marketplace Terms. In summary:

• AI-generated content may contain errors or results unsuitable for your needs: check it before using or publishing it;
• you may also use it for commercial purposes; Incomedia claims no rights over it and does not guarantee that it is original, exclusive or protected by copyright;
• free and Premium images may only be used in websites created with WebSite X5 and in accordance with the licences of their respective providers;
• the support assistant is an AI system: its answers are indicative and an agent can step in;
• if you publish realistic images, audio or video created or manipulated with AI, or AI-generated text published to inform the public on matters of public interest, you must disclose this where required by law (EU Artificial Intelligence Act).

7. Intellectual property and trademarks

Texts, images, graphics, software and databases on the websites belong to Incomedia or its licensors and are protected by law. These Terms do not transfer any rights in them to you, except for the use described in section 4.

Incomedia and WebSite X5 are registered trademarks of Incomedia S.r.l. You may use them only to refer correctly to Incomedia's products, for example "website made with WebSite X5". Without written permission you may not use them in company names, domain names, social media accounts or other distinctive signs, or in a way that suggests an endorsement by, or a relationship with, Incomedia that does not exist.

8. Third-party services and links, affiliate links

The websites contain links to and services from third parties, such as payments, hosting, integrated tools and external websites. They are governed by the terms of their respective providers; Incomedia does not control them and is liable for them only to the extent provided by law.

Some links to third-party products or services are affiliate links: if you make a purchase through them, Incomedia may receive a commission, at no extra cost to you. We identify them as such.

9. Availability and changes to the services

We do our best to keep the Services available and working, but there may be interruptions due to maintenance, updates, technical problems or problems with third-party providers. Where possible, we give advance notice of planned work.

We may modify, extend or reduce the free Services for technical, organisational, legal or security reasons. For paid services and features included in licences, the rules of the EULA and of the specific terms apply, which protect the rights you have already purchased.

10. Warranties and liability

Informational content. Guides, articles and answers in the Help Center, including those from other users or the AI assistant, are for information only. They are not legal, tax or professional advice: for important decisions, consult a professional.

Incomedia's liability. Incomedia is always liable, without limitation, for wilful misconduct and gross negligence, for injury to life, body and health, and in cases where the law does not allow liability to be excluded or limited, such as product liability.

For consumers, no further limitations apply: the statutory rules apply.

For business users, in the case of slight negligence, Incomedia:

• is not liable for indirect damage, loss of profit, loss of data that could have been avoided with normal backups, or business interruption;
• for breach of essential obligations, meaning those on which the proper performance of the Services depends, is liable only for typical and foreseeable damage;
• is liable in total up to the amount paid to Incomedia for the Services in the 12 months before the event, or up to EUR 100 for free Services.

The limitations of liability in the EULA apply to the WebSite X5 software.

Indemnity (business users only). Business users shall indemnify Incomedia against third-party claims and the reasonable costs arising from them, where caused by User Content they have published or by their breach of these Terms.

11. Suspension and closure of the account

By you. You can close your account at any time from your profile or by writing to policy@incomedia.eu. Before closing it, keep a copy of your licence keys: licences remain valid under the EULA, but you will no longer be able to retrieve them from the account. If you still have valid credits, we will let you know beforehand, because they can no longer be used after closure.

By Incomedia. We may suspend or close an account, or restrict some of its functions, in the event of serious or repeated breaches of these Terms, unlawful activity, security risks or a request from an authority. Unless there is an emergency or the law prohibits it, we will notify you in advance, explaining the reason, and give you the opportunity to remedy the situation or respond. Any suspension is proportionate to the breach.

12. Changes to the Terms

We may change these Terms to reflect changes to the Services or the law, or for security reasons. We publish the new version with its effective date and, for significant changes, we notify you at least 30 days in advance, by email or with a notice on the website or when you log in. If you do not accept the changes, you can close your account before the effective date. Changes required by law or necessary for security may take effect immediately. Changes do not apply to disputes already in progress.

13. Governing law, jurisdiction and complaints

These Terms are governed by Italian law. If you are a consumer resident in another country, you keep the protection of the mandatory provisions of the law of your country (Regulation (EC) No 593/2008, "Rome I").

• Consumers: the courts of the place where you reside or are domiciled have jurisdiction (Italian Consumer Code and Regulation (EU) No 1215/2012).
• Business users: the Court of Ivrea (Turin, Italy) has exclusive jurisdiction, without prejudice to the mandatory jurisdiction of the specialised business section of the court (Tribunale delle imprese) for disputes concerning trademarks, patents and copyright.

For complaints, write to policy@incomedia.eu: we reply as soon as possible, normally within 30 days. Incomedia has not made a general commitment to take part in proceedings before an alternative dispute resolution body. For disputes with consumers, it is willing to consider, on a case-by-case basis, mediation before the mediation body of the Turin Chamber of Commerce, without prejudice to cases where mediation is mandatory by law.

14. Final provisions

• Language: these Terms are drafted in Italian and translated into other languages. All versions have the same value; for consumers, in case of doubt, the interpretation most favourable to the consumer prevails (Art. 35 of the Italian Consumer Code).
• Severability: if a clause is invalid, the others remain valid. The invalid clause is replaced by the applicable statutory provisions.
• No waiver: if Incomedia or you do not immediately enforce a right under these Terms, this does not mean waiving it.
• Assignment: Incomedia may assign this contract to a company that continues its business, without reducing your rights; in this case, we will inform you of the assignment.
• Specific approval (business users): pursuant to Articles 1341 and 1342 of the Italian Civil Code, business users specifically approve sections 5 (licence and moderation), 9 (changes to the services), 10 (limitations of liability and indemnity), 11 (suspension), 12 (changes to the Terms) and 13 (exclusive jurisdiction).