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Termini e condizioni generali del servizio

Ultimo aggiornamento: marzo 2026

These General Terms and Conditions of Service (hereinafter “Terms”) govern access to and use of the website ninjapublisher.com (hereinafter “Website”) and the subscription-based digital services offered therein (hereinafter “Service”), provided by:

Ninja BSR di Vincenti Giovanni (hereinafter “Provider”)
Sole proprietorship
Via Brunelleschi 17, 90145 Palermo (PA), Italy
VAT Number: 07395630820
Email: admin@ninjapublisher.com

These Terms constitute a distance contract pursuant to Articles 45 et seq. of Italian Legislative Decree 206/2005 (Consumer Code). The User is invited to read this document carefully before registering and purchasing a Subscription. Use of the Service implies full and unreserved acceptance of these Terms.

This document also fulfills the pre-contractual information obligations set out in Article 49 of the Consumer Code.

1. Definitions

For the purposes of these Terms, the following definitions apply:

  • “User” or “Consumer”: any natural person who accesses the Website and/or registers for the Service for purposes unrelated to any business, commercial, craft, or professional activity they may carry out (Art. 3, paragraph 1, letter a, Consumer Code);
  • “Service” or “Digital Service”: subscription-based access to the platform of data, statistics, reports, and dashboards available in the restricted area of the Website. The Service constitutes a “digital service” within the meaning of Article 2, paragraph 1, of Italian Legislative Decree 170/2021 (implementing Directive 2019/770/EU) and, where data is made available for download or consultation, also “digital content” within the meaning of the same legislation;
  • “Account”: the set of credentials (username and email address) that identify the registered User;
  • “Subscription”: the ongoing contract that grants the User access to the Service for the chosen period (monthly or annual);
  • “Paddle”: Paddle.com Market Limited, a company based in the United Kingdom, which operates as Merchant of Record for payment processing and invoicing;
  • “Consumer Code”: Italian Legislative Decree of September 6, 2005, No. 206, as subsequently amended and supplemented.

2. Subject matter of the Service

The Service consists of providing access to a platform of data, statistics, reports, and dashboards through the restricted area of the Website. Access to the Service requires a paid Subscription and the creation of an Account.

Main characteristics of the Service (Art. 49.1.a Consumer Code): the Service provides the User with the ability to consult updated data, statistics, and reports through a web interface (dashboard) accessible via browser, after authentication with Account credentials.

The Provider reserves the right to modify, update, or expand the features of the Service at any time, without this constituting a substantial change to the contractual subject matter. Any substantial changes will be communicated to the User with at least 30 days’ prior notice, pursuant to Article 15 of Italian Legislative Decree 170/2021. In such case, the User shall have the right to withdraw from the contract at no cost within 30 days of the communication of the change.

3. Registration and Account

3.1 Requirements

To register for the Service, the User must:

  • be of legal age (18 years old) or, if a minor, operate under the supervision of a parent or legal guardian;
  • provide truthful, complete, and up-to-date information;
  • accept these Terms and acknowledge the Privacy & Cookie Policy.

3.2 Account security

The User is solely responsible for safeguarding their login credentials and for all activities that occur through their Account. In the event of unauthorized access or suspected compromise of the Account, the User must immediately notify the Provider at admin@ninjapublisher.com.

3.3 One Account per person

Each Account is strictly personal. The User may not assign, share, lend, or transfer their login credentials to third parties, nor allow third parties to use their Account. Violation of this provision will result in suspension or closure of the Account pursuant to Article 9 of these Terms.

4. Subscription and payments

4.1 Subscription plans and pricing (Art. 49.1.e Consumer Code)

The Service is available under the following plans:

Plan Duration Renewal
Monthly 30 days Automatic upon expiry
Annual 365 days Automatic upon expiry

The current prices for each plan are displayed on the purchase page of the Website before the order is finalized. All prices include VAT where applicable. No additional costs beyond the stated price are charged. (Art. 49.1.e-f Consumer Code)

4.2 Merchant of Record — Paddle

Payments are managed by Paddle.com Market Limited, which operates as Merchant of Record. This means that:

  • Paddle is formally the seller for the purposes of the payment transaction;
  • Paddle handles payment processing, invoicing, and VAT application;
  • the invoice/receipt will be issued by Paddle on behalf of the Provider;
  • payment data (credit card, payment method) is collected and managed exclusively by Paddle, in compliance with PCI-DSS standards.

The Provider does not have access to the User’s payment data. For Paddle’s payment terms, please refer to Paddle’s Terms. (Art. 49.1.g Consumer Code — payment methods)

4.3 Automatic renewal (Art. 49.1.n Consumer Code; Law 124/2017, Art. 1, paragraph 64)

The Subscription renews automatically upon expiry of the chosen period (monthly or annual), unless cancelled by the User. Renewal occurs under the same conditions and at the price in effect at the time of renewal.

Advance renewal notice: Pursuant to Article 1, paragraph 64, of Law No. 124 of August 4, 2017 (Annual Law for the Market and Competition), the Provider undertakes to send the User, at least 30 (thirty) days before the Subscription expiry date, an email notification to the address associated with the Account indicating:

  • the expiry date of the current Subscription;
  • the scheduled date for automatic renewal;
  • the price applied to the renewal (including VAT where applicable);
  • the methods to cancel the Subscription and avoid renewal.

Failure to send the advance notice within the aforementioned deadline entitles the User to a full refund of the amount charged for the renewal, without prejudice to the right to cancel at any time.

Any price changes will be communicated to the User in the same advance renewal notice, with at least 30 days’ prior notice. The User who does not wish to accept the price change may cancel the Subscription before renewal, at no cost.

4.4 Subscription cancellation (Art. 49.1.n Consumer Code — conditions for termination)

The User may cancel the Subscription (preventing automatic renewal) at any time through:

  • the subscription management dashboard provided by Paddle;
  • sending a request to admin@ninjapublisher.com.

Cancellation takes effect at the end of the already-paid subscription period. The User will retain access to the Service until the end of the current period. No pro-rata refund is provided for the remaining period after cancellation, without prejudice to the right of withdrawal under Article 5.

5. Right of withdrawal

(Articles 52–59 of Italian Legislative Decree 206/2005 — Consumer Code)

5.1 Right of withdrawal — General rule

The User who qualifies as a consumer (a natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out) has the right to withdraw from the Subscription contract within 14 (fourteen) days from the date of conclusion of the contract (i.e., the date of the Subscription purchase), without providing any reason and without incurring any costs other than those provided for by law.

5.2 Exceptions to the right of withdrawal for digital services and digital content

The Service offered by the Provider constitutes both a digital service and a supply of digital content not on a tangible medium. For such types of services, the law provides the following exceptions to the right of withdrawal:

a) Exception for services already performed (Art. 59, paragraph 1, letter a), Consumer Code):

The right of withdrawal is excluded for the supply of services after the service has been fully performed, if the performance began with the consumer’s express consent and with the acceptance of the loss of the right of withdrawal following full performance of the contract by the Provider.

b) Exception for digital content on a non-tangible medium (Art. 59, paragraph 1, letter o), Consumer Code):

The right of withdrawal is excluded for the supply of digital content on a non-tangible medium if the performance began with the consumer’s express consent and with their acceptance that they would thereby lose the right of withdrawal.

5.3 Conditions for exclusion of the right of withdrawal — Three cumulative requirements

For the exclusion of the right of withdrawal to be valid and effective under the law, all three of the following cumulative requirements must be met:

Requirement 1 — Prior express consent to immediate performance:
Before the Service begins, the User must provide their express consent to immediate performance of the contract during the withdrawal period. Such consent is collected by means of a dedicated, non-pre-selected checkbox, which must be selected during the purchase process.

Requirement 2 — Acknowledgement of loss of the right of withdrawal:
The User must expressly declare that they are aware that, by consenting to immediate performance of the Service and accessing the restricted area, they will lose the right of withdrawal under Article 52 of the Consumer Code. This acknowledgement is included in the same checkbox as Requirement 1.

Requirement 3 — Confirmation on a durable medium (Art. 51, paragraph 7, Consumer Code):
The Provider undertakes to send the User, within a reasonable period after the conclusion of the contract and in any case before the performance begins, a confirmation by email (durable medium) that includes:

  • confirmation of the conclusion of the Subscription contract;
  • the pre-contractual information referred to in Article 49 of the Consumer Code;
  • confirmation of the User’s express consent to immediate performance of the Service;
  • confirmation of the User’s acknowledgement of the loss of the right of withdrawal.

In the absence of even one of the three requirements listed above, the 14-day right of withdrawal remains fully applicable.

5.4 Text of the consent declaration and acknowledgement

At the time of purchasing the Subscription, the consumer User will be asked to select the following mandatory checkbox (not pre-selected):

Mandatory checkbox — to be placed at checkout before the payment button: ☐ I request immediate access to the Service and I acknowledge that by accessing it I will lose my right of withdrawal. I can cancel my subscription at any time to prevent future renewals.

This checkbox text constitutes the express consent and acknowledgement required by Article 59, paragraph 1, letters a) and o) of Italian Legislative Decree 206/2005 (Consumer Code). The full legal framework governing the right of withdrawal is set out in this Article 5 of these Terms.

If the User does not select this checkbox:

  • access to the Service will be activated at the end of the 14-day withdrawal period;
  • the User will retain the full right of withdrawal for 14 days from the date of purchase.

5.5 How to exercise the right of withdrawal (Art. 54 and Art. 54-bis Consumer Code)

If the right of withdrawal is still applicable, the User may exercise it within 14 days of the date of conclusion of the contract by one of the following methods:

  • sending a written communication to admin@ninjapublisher.com, containing an explicit statement of the decision to withdraw from the contract (an email with the subject line “Exercise of right of withdrawal” is sufficient);
  • completing and sending the standard withdrawal form referred to in Annex I, Part B of Italian Legislative Decree 206/2005, reproduced below;
  • using the digital withdrawal function available on the Website, pursuant to Article 54-bis of the Consumer Code (introduced by Italian Legislative Decree 209/2025), which allows the User to exercise the right of withdrawal directly through the online interface. This function is clearly identified on the Website with the label “Withdraw from the contract here” (or equivalent wording), and includes a confirmation step. Upon confirmation, the Provider will send the User, without undue delay, an acknowledgement of receipt of the withdrawal on a durable medium, including the content of the declaration and the date and time of its transmission. This provision applies to contracts concluded from June 19, 2026 onwards.

Withdrawal is exercised within the 14-day period if the communication is sent before the deadline expires (the date of sending, not receipt, is determinative).

5.6 Standard withdrawal form (Annex I, Part B, Italian Legislative Decree 206/2005)

STANDARD WITHDRAWAL FORM

(complete and return this form only if you wish to withdraw from the contract)

— To: Ninja BSR di Vincenti Giovanni, Via Brunelleschi 17, 90145 Palermo (PA), Italy, email: admin@ninjapublisher.com

— I/We (*) hereby notify you that I/we (*) withdraw from my/our (*) contract of sale for the following goods/services (*): NinjaPublisher Subscription (monthly/annual) (*)

— Ordered on (*) / received on (*): _______________

— Name of consumer(s) (*): _______________

— Address of consumer(s) (*): _______________

— Account username or email: _______________

— Signature of consumer(s) (*) (only if this form is submitted in paper form): _______________

— Date: _______________

(*) Delete as appropriate.

5.7 Effects of withdrawal (Art. 56 Consumer Code)

In the event of valid exercise of the right of withdrawal:

  • the Provider will refund the User the full amount paid for the Subscription within 14 days from the date on which the Provider was informed of the decision to withdraw;
  • the refund will be made using the same payment method used by the User for the original transaction, through Paddle, unless otherwise expressly agreed;
  • access to the Service will be deactivated at the time of the refund;
  • no charges will be applied for the refund.

If the User consented to immediate performance of the Service and subsequently exercises the right of withdrawal before the 14-day period expires without having yet accessed the restricted area, the refund will be in full. If the User has already partially used the Service (without having waived the right of withdrawal), the Provider may withhold an amount proportional to the service actually used until the communication of withdrawal, pursuant to Article 57, paragraph 3, of the Consumer Code.

6. Refund policy

Outside the right of withdrawal governed by Article 5:

  • No refunds are provided for Subscriptions where the User has validly consented to immediate performance of the Service and waived the right of withdrawal pursuant to Article 5.3 of these Terms.
  • No pro-rata refunds are provided for the remaining period in the event of early cancellation of the Subscription (Art. 4.4).
  • Exception for malfunctions: in the event of technical malfunctions attributable to the Provider that prevent access to the Service for a continuous period exceeding 72 hours, the User is entitled, at their choice, to a free extension of the Subscription equal to the period of unavailability, or to a pro-rata refund for the period of interruption.
  • Exception for lack of conformity: the consumer User’s rights under the legal guarantee of conformity provided for by Article 7 of these Terms and Italian Legislative Decree 170/2021 remain unaffected in all cases.

7. Legal guarantee of conformity of the digital service

(Italian Legislative Decree No. 170 of November 4, 2021 — Implementing Directive 2019/770/EU on certain aspects concerning contracts for the supply of digital content and digital services)

7.1 Conformity of the Service

The Provider guarantees that the Digital Service conforms to the contract for the entire duration of the Subscription. In particular, the Service must:

  • correspond to the description, quantity, and quality provided for in the contract;
  • be fit for any particular purpose communicated by the User to the Provider at the time of conclusion of the contract, and accepted by the Provider;
  • be supplied with all updates provided for in the contract;
  • be fit for the purposes for which digital services of the same type are normally used.

(Articles 6 and 7 of Italian Legislative Decree 170/2021)

7.2 Liability for lack of conformity

The Provider is liable for any lack of conformity of the Service that becomes apparent during the Subscription period. For contracts involving continuous supply (such as Subscriptions), the Provider is liable for any lack of conformity that becomes apparent within 2 (two) years from the supply of the Service. (Art. 12 Italian Legislative Decree 170/2021)

7.3 Remedies for lack of conformity

In the event of a lack of conformity of the Service, the consumer User is entitled to the following remedies, in the order indicated:

a) Restoration of conformity (Art. 13 Italian Legislative Decree 170/2021): the User is entitled to have the conformity of the Service restored, free of charge and without significant inconvenience, within a reasonable period from the report of the defect.

b) Proportionate reduction of the price or termination of the contract (Articles 14–15 Italian Legislative Decree 170/2021): if restoration is not possible or does not occur within a reasonable period, or if the lack of conformity is not minor, the User is entitled, at their choice, to a proportionate reduction of the price or to termination of the contract, with a consequent refund.

Reporting defects: the User may report any lack of conformity by writing to admin@ninjapublisher.com, describing the issue encountered. The Provider undertakes to respond within 10 business days of the report.

Important note: The rights provided for in this article are in addition to and do not replace the right of withdrawal under Article 5. The guarantee of conformity is a mandatory consumer right and cannot be excluded or contractually limited.

8. User obligations and responsibilities

The User undertakes to:

  • use the Service in compliance with these Terms, Italian law, and all applicable regulations;
  • not use the Service for unlawful, fraudulent, or purposes that infringe on the rights of third parties;
  • not attempt to access unauthorized data, restricted areas, or systems of the Website;
  • not carry out scraping, data mining, or automated extraction of data and content from the Service, by any means, including bots, crawlers, or automated scripts;
  • not reproduce, distribute, resell, sublicense, or make available to third parties the data and content accessible through the Service, in whole or in part, without the prior written consent of the Provider;
  • not share their login credentials with third parties;
  • keep their Account information up to date.

9. Intellectual property

All content on the Website and the Service — including but not limited to data, statistics, reports, dashboards, text, graphics, logos, icons, images, software, source code, and database structure — is the exclusive property of the Provider or its licensors and is protected by Italian, European, and international copyright law (Law 633/1941), trademark law, and industrial property law.

The Subscription grants the User a personal, non-exclusive, non-transferable, and revocable license to access the content of the Service exclusively for personal use. No reproduction, distribution, public communication, modification, decompilation, or commercial use of the content is permitted without the prior written consent of the Provider.

10. Service availability and limitations of liability

10.1 Availability

The Provider undertakes to ensure the availability of the Service with reasonable continuity, but does not guarantee uninterrupted or error-free operation. The Service may be temporarily suspended for:

  • routine or extraordinary maintenance;
  • technical updates;
  • force majeure events (natural events, infrastructure failures, network outages, government actions).

Where possible, scheduled maintenance will be communicated with reasonable advance notice.

10.2 Limitation of liability

To the extent permitted by law and without prejudice to mandatory consumer rights, the Provider shall not be liable for:

  • indirect, incidental, consequential, or punitive damages arising from the use or inability to use the Service;
  • loss of profits, data, or business opportunities;
  • decisions made by the User based on data and statistics provided by the Service: data is provided for informational purposes only, without warranty of completeness, accuracy, or fitness for a particular purpose, without prejudice to the provisions of Article 7 regarding the guarantee of conformity;
  • Service interruptions due to causes not attributable to the Provider (hosting failures, network outages, cyberattacks);
  • malfunctions arising from the User’s device, browser, or internet connection.

In any event, the Provider’s total liability to the User, for any cause and on any grounds, shall not exceed the total amount paid by the User for the Subscription in the 12 months preceding the event giving rise to the liability.

Safeguard clause: The limitations of liability set out above do not apply: (i) in cases of willful misconduct or gross negligence by the Provider; (ii) in cases of lack of conformity of the Digital Service pursuant to Article 7 of these Terms and Italian Legislative Decree 170/2021; (iii) in all cases where applicable law does not allow such limitations, including mandatory consumer rights under the Consumer Code.

11. Suspension and closure of the Account

11.1 Suspension by the Provider

The Provider reserves the right to suspend or temporarily restrict access to the Service, with notice to the User, if:

  • the User violates these Terms;
  • suspicious or potentially fraudulent activity occurs on the Account;
  • the Subscription payment fails.

In the event of a violation of the Terms, the Provider will send the User a notice with a reasonable period (not less than 7 days) to remedy the violation, except in cases of serious violation that justify immediate suspension (Art. 8 of these Terms).

11.2 Account closure by the Provider

The Provider may permanently close the User’s Account, with a reasoned notice, in the event of:

  • serious or repeated violation of these Terms, after the notice referred to in Article 11.1 has gone unheeded;
  • sharing of login credentials with third parties;
  • scraping, automated extraction, or redistribution of Service data;
  • use of the Service for unlawful purposes.

11.3 Voluntary Account deletion

The User may request the deletion of their Account at any time by writing to admin@ninjapublisher.com. Deletion entails:

  • cancellation of the Subscription, with access to the Service maintained until the expiry of the already-paid period;
  • deletion of personal data within 7 days of the termination of the Service, as described in the Privacy & Cookie Policy.

12. Amendment of Terms

The Provider reserves the right to amend these Terms. Amendments will be communicated to the User by means of:

  • publication of the updated version on this page, with an indication of the last update date;
  • email notification in the event of substantial changes, with at least 30 days’ prior notice before the changes take effect.

In the event of substantial changes, the User who does not wish to accept them may cancel the Subscription at no cost before the changes take effect, by sending a communication to admin@ninjapublisher.com. In such case, the User will retain access to the Service under the previous conditions until the expiry of the already-paid subscription period.

For non-substantial changes (corrections, clarifications, addition of features), publication on the Website is sufficient and the changes take effect from the date of publication.

13. Consumer protection and unfair terms

These Terms are drafted in compliance with Italian Legislative Decree 206/2005 (Consumer Code), Italian Legislative Decree 170/2021, and European consumer protection legislation.

If any clause of these Terms is deemed unfair pursuant to Articles 33–38 of the Consumer Code, such clause shall be considered null and void pursuant to Article 36 of the same decree, while the remaining provisions shall continue to have full effect.

No provision of these Terms is intended to limit or exclude the mandatory rights granted to the consumer by applicable law, including but not limited to: the right of withdrawal (Art. 52 et seq.), the guarantee of conformity (Italian Legislative Decree 170/2021), the consumer forum (Art. 66-bis), and protection against unfair terms (Articles 33–38).

14. Communications

All communications relating to this contract must be sent: (Art. 49.1.b-c Consumer Code)

  • From the Provider to the User: to the email address associated with the User’s Account;
  • From the User to the Provider: to admin@ninjapublisher.com.

Communications sent by email are deemed received at the time of sending, unless non-receipt is proven due to a technical cause. For the exercise of the right of withdrawal, the date of sending of the communication is determinative.

15. Applicable law and jurisdiction

These Terms are governed by Italian law.

For any dispute arising from the interpretation, performance, or termination of these Terms:

  • if the User is a consumer within the meaning of Article 3, paragraph 1, letter a) of the Consumer Code, exclusive and mandatory jurisdiction lies with the court of the consumer’s place of residence or domicile, pursuant to Article 66-bis of Italian Legislative Decree 206/2005;
  • if the User is not a consumer (professional, business), exclusive jurisdiction lies with the Court of Palermo.

15.1 Alternative dispute resolution (ADR)

Pursuant to Italian Legislative Decree 130/2015 (implementing Directive 2013/11/EU on alternative dispute resolution for consumer disputes), the consumer User is informed that they may submit disputes arising from these Terms to an ADR body (alternative dispute resolution body) listed by the competent authority. A list of ADR bodies available in EU Member States is accessible at the following address: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

The Provider’s email address for ADR purposes is: admin@ninjapublisher.com.

Note: the European Online Dispute Resolution (ODR) platform, previously operated under Regulation (EU) No. 524/2013, was discontinued on July 20, 2025, following the adoption of Regulation (EU) 2024/3228.

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