Terms and Conditions of Use
Effective Date: June 04 2025
These Terms
and Conditions (the “Agreement”) govern access to and use of the
Virtual Contact platform and services (the “Services”) provided by
Virtual Contact S.r.l. (“Virtual Contact”), a provider of cloud-based
contact center and CRM solutions. By accessing or using the Services, you
(“Subscriber”) agree to be bound by this Agreement.
1.
Definitions
Refer to
the Appendix A for definitions of capitalized terms used in this Agreement.
2.
License Grant
Virtual
Contact grants Subscriber a limited, non-exclusive, non-transferable, and
revocable license to access and use the Services, including associated
documentation and content, in accordance with this Agreement and solely for the
internal business purposes of the Subscriber. All rights not expressly granted
herein are reserved by Virtual Contact.
Subscriber
shall not reproduce, distribute, modify, reverse engineer, or create derivative
works based on the Services unless expressly permitted.
3.
Access to Services
Subscriber
is responsible for maintaining the confidentiality of its login credentials.
Any unauthorized use of the Services must be promptly reported to Virtual
Contact. Access may be suspended or revoked in case of non-compliance with this
Agreement or applicable law.
4.
Support and Training
Virtual
Contact provides standard support services for the Subscriber and its
authorized users, as well as training prior to go-live. Upgraded support
may be available under separate agreements.
5.
Subscriptions and Usage
Subscriptions
are granted per authorized user and renew automatically unless terminated
according to this Agreement. Subscriber may add or reduce users with prior
written notice. Usage may include call minutes, messages, or integrations and
will be subject to additional terms if applicable.
6.
Subscriber Obligations
Subscriber
agrees to:
- Use the Services in compliance
with applicable laws and this Agreement; - Ensure that all Authorized
Users follow the same obligations; - Prevent
unauthorized access; - Maintain all necessary hardware
and connectivity; - Not use the Services in a
manner that infringes third-party rights.
7.
Third-Party Products
Integration
with third-party products is offered “as-is.” Subscriber is
responsible for complying with third-party terms and acknowledges that
availability and support for such products may change without notice.
8.
Subscriber Data and GDPR Compliance
8.1
Ownership and Responsibility
Subscriber
retains ownership of all Subscriber Data submitted to the platform. Virtual
Contact processes this data solely to provide the Services and in accordance
with data protection laws.
8.2 Data
Processing under GDPR
Virtual
Contact processes personal data in compliance with Regulation (EU) 2016/679
(“GDPR”). Depending on the context, Virtual Contact may act as a Data
Processor or Data Controller.
As a Data
Processor, Virtual Contact:
- Processes personal data on
documented instructions from the Subscriber; - Implements appropriate
technical and organizational security measures; - Ensures that personnel
authorized to process personal data are subject to confidentiality
obligations; - Assists the Subscriber in
responding to data subjects’ requests; - Deletes or returns all personal
data upon termination of the Agreement unless otherwise required by law.
A Data
Processing Agreement (DPA) is available upon request.
8.3
Transfers of Data
If data is
transferred outside the European Economic Area (EEA), Virtual Contact ensures
that appropriate safeguards are in place (e.g. Standard Contractual Clauses).
8.4 Data
Subject Rights
Data
subjects have the right to access, rectify, erase, restrict, or object to the
processing of their personal data, and to data portability. These rights may be
exercised by contacting privacy@virtualcontact.it.
9. Right
of Withdrawal (EU Consumer Law)
If
Subscriber is a consumer based in the European Union, they have the right to
withdraw from this Agreement within 14 days of signing without providing any
reason, in accordance with Directive 2011/83/EU.
To exercise
the right of withdrawal, Subscriber must send a clear declaration (e.g., by
email or letter) to Virtual Contact before the 14-day period expires. If
services have already begun with explicit consent during this period,
Subscriber may be charged proportionally for the services provided.
A model
withdrawal form is available upon request.
10.
Intellectual Property
All
intellectual property rights in the Services, including software, designs,
trademarks, and documentation, remain the exclusive property of Virtual Contact
or its licensors.
11.
Confidentiality
Each party
agrees to maintain the confidentiality of information designated as
confidential or that by its nature should be understood to be confidential.
This includes technical, commercial, and personal data. Confidentiality
obligations survive termination.
12.
Publicity
Subscriber
grants Virtual Contact a non-exclusive, royalty-free right to use Subscriber’s
name and logo in marketing materials and case studies unless otherwise
requested in writing.
13.
Indemnification
Each party
shall indemnify the other against third-party claims arising from a breach of
this Agreement, infringement of intellectual property, or misuse of the
Services.
14.
Disclaimer of Warranties
The
Services are provided “as is” without warranties of any kind. Virtual
Contact disclaims all express, implied, and statutory warranties, including
merchantability, fitness for a particular purpose, and non-infringement.
15.
Limitation of Liability
To the
extent permitted by law, each party’s liability shall be limited to direct
damages. Neither party shall be liable for indirect, incidental, or
consequential damages arising out of this Agreement.
16. Term
and Termination
This
Agreement remains in effect for the duration of the subscription term unless
terminated earlier. Either party may terminate this Agreement for cause with
written notice. Upon termination, Subscriber must cease use of the Services and
return or destroy any confidential information.
17.
Dispute Resolution and Applicable Law
This
Agreement is governed by the laws of Italy and the European Union. The
registered legal seat (sede legale) of Virtual Contact is in Rome, Italy, and
shall be considered the default venue for all judicial matters. Any disputes
will be submitted to the competent court of Rome, Italy.
If
Subscriber is a consumer resident in the EU, they may also access the EU Online
Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr
18. Miscellaneous
- Entire Agreement: This Agreement constitutes the
entire agreement between the parties. - Severability: If any provision is held
invalid, the remainder will remain enforceable. - Assignment: Neither party may assign this
Agreement without prior written consent. - Force Majeure: Neither party will be liable
for delays due to events beyond their control.
19.
Contact Information
For any
inquiries or notices related to this Agreement:
Virtual Contact S.r.l.
Via Luigi Settembrini, 9
00195 – Rome, Italy
Email: info@virtualcontact.it
Language
These Terms are written in English. An Italian version may be made available
for reference. In case of conflict, the English version shall prevail.
Last updated: July 4, 2025
