Terms of service

Welcome to VRGENCE

VRGENCE is a SaaS platform of VRGENCE S.R.L. which allows users to create and customize their own virtual reality advertising campaigns.

Before registering on vrgence.com, we ask our Users to read this document and our Privacy Policy carefully. By proceeding to register, in fact, you will accept these Terms & Conditions.

Registration is mandatory for each user. VRGENCE S.R.L.. monitors all access to the platform for security reasons and records data such as: IP address, browser type and version, only for purposes related to the fulfillment of legal obligations. etc.

For any doubts or questions, do not hesitate to contact us at the e-mail address info@vrgence.com

VRGENCE S.R.L. data
Name: VRGENCE S.R.L.
Registered office: Via Torquato Tasso 50, 24121 Bergamo (BG)
VAT number: 04360780169

Art. 1 – Description of the platform

Registration on the platform:

Registration on our platform is mandatory for each user. The data requested during registration are: E-mail address, Password, Name, Surname, Company, Company. We will send you a confirmation email to the email address provided. Once you have confirmed your email you will be able to access your profile on vrgence.com.

VRGENCE services:

Through the platform available on the website www.vrgence.com, the User can access our services. By selecting the best plan according to their needs, the User will have a tool available through which they can create and fully customize the presentation created with our authoring tool integrated with PowerPoint®. Finally, the User will have a dashboard in which he will receive statistical data of active and previous presentation in order to compare and verify the effectiveness of the same.

A chat support service is available on the platform to provide assistance to Users in using our service. Furthermore, on the site there is a dedicated section where it is possible to find possible solutions to any problems in using the service called “Help Center”.

Art. 2 – Scope of application and improvement of the Terms & Conditions

1. These Terms & Conditions apply to any service purchased through the VRGENCE platform and provided to Users registered there.

2. This Agreement is finalized and takes effect following acceptance during registration on the platform.

Art. 3 – Object of the contract

1. The object of the contract is the supply to Users, by VRGENCE S.R.L., for a fee identified in the “Pricing” section of the website www.vrgence.com, of a so-called solution Software as a Service accessible via the internet via browser.

2. The software made available to the User is granted under a non-exclusive use license, only for the period of validity of these Terms & Conditions, and is not transferable to third parties.

Art. 4 – VRGENCE's obligations

1. VRGENCE S.R.L. undertakes to provide the Service in accordance with what is described in the information pages on the website www.vrgence.com and in these Terms & Conditions, operating according to the standards of diligence required by the nature and complexity of the assignment.

2. VRGENCE S.R.L. also undertakes to provide assistance through the tools made available on the site including the Help Center and the chat assistance service.

3. VRGENCE S.R.L. undertakes to guarantee the minimum service standards as described in Art. 6.4.

Art. 5 – User Obligations

1. The User undertakes to use the Service in good faith, collaborating with VRGENCE in order to allow for the professional performance of all the activities necessary for the supply.

2. The User undertakes not to personally publish or make available to third parties within the Platform, material covered by copyright or other intellectual or industrial property rights for which he does not have the relative license to use, remaining entirely responsible – relieving VRGENCE from any related charges and damages, including the payment of legal fees – in the event of claims or actions by third parties or resulting from violations of the law.

3. The User also undertakes not to alter the software in any way, through decompilation, disassembly, reverse engineering, system violations or improper use of the product, making all reasonable efforts to maintain the functionality of the Platform software.

4. The User must not use the service for illegal or fraud purposes and is required to ensure that adequate measures have been put in place to prevent third parties from engaging in the aforementioned behaviors both with respect to the User’s equipment and in others cases. The User is solely responsible for any fraud and costs that may arise from it. VRGENCE is exempt from any responsibility or liability regarding the configuration, use or operation of the User’s equipment.

5. The User undertakes to diligently keep his username and password and not to give these access credentials to third parties.

6. Finally, the User agrees to pay the price indicated on the pages of the website called “Pricing” present for each type of service and available in advance.

7. The User declares to have reached the age of eighteen.

Art. 6 – Performance and standards of the Service

1. The use of the Service is entirely left to the User and will not result in VRGENCE’s involvement even in terms of control and supervision.

2. VRGENCE S.R.L. directly or through third parties, continuously monitors the Platform – including the network and the applications necessary for its operation – having the right, at any time, to update or modify the software as well as to access remotely to detect any faults or anomalies, or for any other legitimate reason.

3. VRGENCE S.R.L. has the right to entrust, even partially, the execution of the activities necessary to comply with the obligations deriving from these Terms & Conditions – such as, by way of example and not limited to, the so-called hosting the Platform – to auxiliary third parties, their own trustees, who provide certified security on a physical level and redundancy In any case, VRGENCE remains solely responsible for the execution of the activities and for compliance with the Service Levels.

4. VRGENCE S.R.L. undertakes to guarantee the following minimum standards of service:

A. Cloud services: 99.95% monthly functionality.

B. Archiving Service: 99.9% monthly functionality.

C. SQL: 99% monthly functionality.

Art. 7 – System maintenance

1. VRGENCE S.R.L. undertakes to carry out evolutionary maintenance of the Platform by making available to the User, during the period of validity of these Terms & Conditions, any updated versions based on their compatibility with the Service.

2. The Ordinary Maintenance and Extraordinary Maintenance activities – potentially generating partial or total interruptions of the service – do not affect the calculation of the minimum standards of service operation.

3. In the event that the Ordinary and Extraordinary Maintenance activities are scheduled, VRGENCE will be responsible for communicating to Users by email the date and time scheduled for this activity, indicating, if this occurs, the impossibility of access at the service.

Art. 8 – Intellectual property

1. Unless otherwise agreed between the Parties, the software designed or developed as part of the provision of the Service, as well as models, schemes, algorithms, graphic elements, trademarks, logos and any other intellectual or industrial property rights , are the exclusive ownership and ownership of VRGENCE srl

2. The stipulation of these Terms & Conditions does not imply, nor will it not entail, any assignment, license or tacit consent to use them, except where expressly indicated.

Art. 9 – Costs of the Service

1. Registration on the VRGENCE.io platform is free.

2. In the section called “Pricing” it is possible to consult the various subscription plans proposed by VRGENCE S.R.L. including descriptions of services for each subscription plan.

3. The User can select the one he deems most suitable for their needs and choose between the monthly or annual billing method of the service.

Art. 10 – Duration

1. Registration on the www.vrgence.com platform has an indefinite duration.

2. The User can try the services provided by VRGENCE free of charge for fourteen (14) days from the time of subscription. The free trial does not exclude the User from complying with these Terms & Conditions.

3. The User can purchase different subscription plans at pre-established prices with variable duration between thirty (30) days and twelve (12) months and choose the monthly billing method or the annual billing method.

4. The renewal of services purchased on the www.vrgence.com platform is to be considered automatic. It will be the User’s responsibility to unsubscribe from the services upon expiry of the purchased plan. If this action by the User does not take place, the services will be considered renewed for the same period of time that was chosen at the time of the first purchase.

Art. 11 – Codes and Coupons

1. VRGENCE S.R.L. can use discount codes, coupons, loyalty programs and / or so-called programs “Tell-a-friend” to encourage the use of your services and reduce the price at your discretion.

2. Each commercial offer or initiative is limited in time and may be limited for some specific services.

3. The User who has joined any of these commercial initiatives undertakes to comply, in any case, with these Terms & Conditions.

4. The User who has purchased the service at full price before a commercial initiative has been activated among those described in 1 of this article, cannot expect VRGENCE to apply the discount retroactively.

Art. 12 – Withdrawal

1. The User who can be considered a consumer in accordance with the law (Article 3 of Legislative Decree 206/2005 so-called “Consumer Code”) has the right to withdraw from the contract, without indicating the reasons, within 14 days. The Consumer may exercise this right by sending an email to hello@VRGENCE.io explaining the request and their personal and identification data. VRGENCE S.R.L. will refund within and no later than thirty (30) working days.

2. With reference to Users who cannot be considered Consumers, they may exercise the right of withdrawal at any time without requiring any repetition of the sums paid for the purchase of the service.

Art. 13 – Force Majeure

1. VRGENCE S.R.L. will not be responsible for events beyond its reasonable control such as, among others, fires, floods, singular adverse weather conditions, war, guerrilla, measures imposed by civil or military authorities, strikes, lockouts, generalized network failures, government actions or any other event that is considered by law to be a Force Majeure event.

2. If VRGENCE is prevented, hindered or delayed in the fulfillment of the obligations assumed under these Terms & Conditions for Force Majeure events, the obligation concerned will be suspended for the continuation of the Force Majeure event and neither party will be deemed in default.

3. If the Force Majeure event lasts for more than thirty (30) days, the User may terminate this Agreement by right and with immediate effect and request a refund for the period of time in which he was unable to use the service with the same procedures described in Art. 12.1.

Art. 14 – Liability

1. VRGENCE – except in cases of willful misconduct and gross negligence – will be held liable towards the User only in the event of non-compliance with the Service Levels for reasons attributable to VRGENCE itself;

If the circumstance referred to in paragraph 1 occurs, the User will only be entitled to a Service Credit corresponding to the free extension of the services covered by these Terms & Conditions for a period equal to the overall duration of the disservice reported by the User to the email address electronic hello@VRGENCE.io or in the chat service of the platform. VRGENCEwill not be liable in any way for non-compliance with the Service Levels due to facts dependent on third parties auxiliary in the execution of the activities covered by these Terms & Conditions.

2. VRGENCE will also not be responsible for interruptions or unavailability of the Service generated by:

a. to Ordinary Maintenance or Extraordinary Maintenance;

b. incorrect use, incorrect configuration or commands voluntarily or involuntarily carried out by the User;

c. anomalies and malfunctions of the application / management software that interact with the Service provided by third parties which the User uses;

d. non-fulfillment or violation of these Terms & Conditions attributable to the User;

e. is failure to connect the virtual infrastructure (s) to the public network by the will or by the fact of the User;

f. causes that determine the total or partial unavailability of the Service attributable to failures in the Internet network outside the VRGENCE perimeter.

Art. 15 – Personal data

1. VRGENCE S.R.L. undertakes to process the personal data acquired in the context and in execution of these Terms & Conditions in accordance with EU Regulation no. 679 of 2016 (so-called GDPR).

2. The processing of the User’s and Users’ personal data will take place in accordance with what is described in the privacy information available here

Art. 16 – Final provisions

1. This Agreement constitutes the entire agreement between the Parties and replaces and extinguishes all previous drafts, contracts, agreements and understandings, both written and oral, relating to its object and the obligations of the contracting parties.

2. If one or more clauses are affected by nullity or made inapplicable by the effect of the law or by a decision that is imposed on the Parties, this will not have the effect of causing the nullity of all these Terms & Conditions, nor of altering the validity and mandatory character of all the other clauses.

3. The Parties will agree to make the necessary amendments to this contract so that it can have an effect that comes as close as possible to the initial intention of the Parties.

4. This Agreement and any dispute or claim deriving from or relating to it, its object or its formation is governed and interpreted in accordance with Italian law.

5. The Parties undertake to make any extrajudicial attempt to resolve any dispute that may arise from these Terms & Conditions.

6. Should such attempts to settle the dispute out of court prove to be unsuccessful, exclusive jurisdiction will be devolved to the Court of Milan, except for mandatory provisions of the law.