Terms & Conditions

These terms and conditions govern the service provided to the user within the AiSerchAudit software (hereinafter the “Software”), a proprietary system accessible through the website www.aiserchaudit.ai (hereinafter the “Website”), owned by Vivian S.r.l., with registered office at Viale Abruzzi 66, Milan, Tax Code and VAT No. 09232590969.

1. Preamble

These terms and conditions (“T&C”) govern the use of the AiSerchAudit platform, a comprehensive software solution designed to prepare websites for the Search Generative Experience (SGE) and for search engines enhanced by conversational AI models such as Google AI Overviews, Bing Copilot, and Perplexity, provided “as is”, that is, without customisation or personalisation, and designed to manage all aspects of SEO activities to improve a website’s visibility in search engines.
AiSerchAudit is software owned by Vivian S.r.l.
The Website, Software, and all web pages created and identifiable with the AiSerchAudit trademark may not be copied, imitated, or reproduced, in whole or in part (e.g., layouts, content, images, graphics, scripts, etc.), transferred by electronic or conventional means, modified, decoded, linked or used for purposes other than those contemplated in these T&C, without the prior consent of Vivian S.r.l.
The service is provided in accordance with Italian law, and in particular Legislative Decree No. 70 of 9 April 2003 on electronic commerce, the Italian Civil Code, and Legislative Decree 206/2005 as amended (Consumer Code).
AiSerchAudit accepts orders from private users (“Consumers”) and professional users (“Professionals”) (hereinafter collectively “User” or “Users”). The inclusion of a VAT number during the purchase procedure is an indication that the purchase is being made for purposes relating to business, commercial, craft, or professional activities. Therefore, the protections provided by law expressly for Consumers do not apply to Professionals.
The Contract is executed in respect of the User as identified by the data entered in the order form submitted electronically following acceptance of these T&C.
The use of third-party logos does not constitute endorsement or association of any kind with the companies owning the respective intellectual and industrial property rights.
The T&C applicable to the AiSerchAudit-User relationship are those in force on the date of registration for a trial or on subscription. Such T&C may be amended at any time by AiSerchAudit, and any amendments shall take effect from the time they are published on the Website, without prejudice to the User’s right of withdrawal as set out below.
Before undertaking a trial or making a purchase and thus proceeding with payment, the Customer is required to read these terms and conditions carefully. Submitting the order implies acknowledgement and express acceptance of the same, both as general conditions of sale and of any stipulations in the purchase procedure.
For any request or communication, the Customer may contact Vivian S.r.l. by email at [-].
The User acknowledges and accepts that all communications regarding the relationship with Vivian S.r.l. will be sent to the email address provided at registration or on submission of the order, with the ability to download information onto durable media as provided and within the limits of the Website.
The above preamble forms an integral and substantial part of this Contract, and the Customer declares to have full knowledge and to accept its content without reservation.

2. Conditions of Use

The User may make use of the Software by either undertaking a free trial for the period indicated in the relevant section of the Website or by purchasing a monthly or annual subscription.
AiSerchAudit is not a software solution for tracking website visits and does not have access to detailed information about particular traffic sources such as referrals, social network traffic, direct traffic, advertising campaign traffic or email traffic that requires the installation of tracking codes on the User’s website. Furthermore, AiSerchAudit is not aware of all possible keywords that might be used by search engine users; thus, estimates are performed on a sample of keywords considered relevant by its algorithms, not on the totality of keywords actually used in SERPs.

For these reasons, AiSerchAudit cannot be held responsible for any misinterpretation of such data or any losses arising therefrom. To gain a clear picture of actual website traffic, it is necessary to use traditional analytics software and have full access to internal analytics systems (such as server log analysis or pixel tracking), in order to obtain information on all traffic sources.

3. Subject Matter

These T&C govern the service provided through the Software, which enables monitoring, management and analysis of website indexing systems. By registering, accessing or using the services, the User agrees to enter into a legally binding contract with Vivian S.r.l. (even when using the Software on behalf of a company) and fully accepts these T&C. By signing the contract, Vivian S.r.l. and the User do not form a partnership or any other form of collaboration or subordination.
Upon access, the User benefits from the Software’s features according to the chosen subscription plan. Such features are described in a guide available in a specific section of the Website, the intellectual property rights and copyright for which are owned by Vivian S.r.l.

4. Registration

To use the Software, the User must register, which is allowed solely for individuals (not bots) who have reached the age of 18 and have full legal capacity, possess a valid email address and an accepted payment method as set out on the Website.
The User undertakes to ensure compliance with the applicable T&C by any third parties on whose behalf they access or use AiSerchAudit for business or commercial purposes. The Professional User warrants to have authority to bind such third parties to these conditions.
Upon registration, the User declares that all information provided is true, accurate, up-to-date and complete, on penalty of contract invalidity, and undertakes to keep such information up to date at all times.

5. Trial Period

The User of the Website can undertake a free trial whose duration is indicated in the relevant section listing the tariff plans.
To activate the trial period, the User must create an account by completing the registration form and selecting a valid payment method. This serves only to verify the authenticity of the data and ensure the uniqueness of registration.
It is strictly forbidden to activate more than one free trial using the same email address, credit card, or payment method.
The trial period does not entail any charge, either upon registration or upon its expiry, and is not subject to automatic renewal.
Once the trial period ends, use of the Software will automatically cease. The User may then choose to subscribe or discontinue the service, with no obligation.

6. Purchase Procedure

The User may purchase the Software via the Website by selecting one of the plans shown, with the features most appropriate to their needs.
By submitting the request via the Website (which constitutes acceptance of the contract as proposed by Vivian S.r.l. through the Website), the contract relating to these T&C shall be deemed concluded and valid. By entering into this Contract, the Customer declares, under their own responsibility, (i) to have the capacity to enter into a legally binding contract (including for any represented third parties), (ii) that all information provided is truthful, and (iii) to accept the T&C in full.
Correct receipt of the order is confirmed by Vivian S.r.l. by way of a summary communication sent to the email address provided by the User during the order form completion.
Vivian S.r.l. may request further information by email or telephone, primarily in order to properly fulfil contractual obligations. The Customer is therefore required to supply genuine data in the order form.
Vivian S.r.l. reserves the right not to fulfil purchase orders that do not provide adequate guarantees of solvency or that are incomplete or incorrect. In such cases, Vivian S.r.l. undertakes to promptly communicate with the User. If the order form and payment have already been submitted, Vivian S.r.l. will arrange to refund any amount already paid.

7. Subscriptions: Duration and Types

The User may choose to subscribe to a plan with the characteristics and Software licence period described in the relevant section of the Website.
Once the plan has been purchased, the User may not withdraw from it, except where mandated by law and in the case that Vivian S.r.l. exercises its right to amend these T&C. In that case, withdrawal may be exercised within fifteen (15) calendar days of the date of such amendment.
The User acknowledges that the plan will renew automatically at the end of the chosen period, for further periods of equal duration and on the same terms and conditions. If the User does not wish to renew the plan automatically, they must deactivate their account and any automatic payments prior to renewal.
If the User wishes to downgrade their subscription, they may allow the existing plan to expire (by cancelling automatic renewal if provided) and then activate a new plan.
The User accepts and acknowledges that the termination of the service for any reason will result in the deletion of project data stored in their account.

8. Prices and Payments

The price of each plan is payable in Euros, including applicable taxes and mandatory charges.
Vivian S.r.l. reserves the right to change sales prices at any time for technical, commercial, or market reasons. Any price changes will take effect at the time of contract renewal (unless previously cancelled as above).
If an incorrect and/or obviously derisory price is published for any reason (system error, human error, etc.), the order shall be cancelled, even in the event of initial validation.
The User guarantees to Vivian S.r.l. that they have the necessary authorisations to use the chosen payment method when placing the order.
Under no circumstances shall Vivian S.r.l. be held liable for any fraudulent or improper use of credit or prepaid cards by third parties when paying for products purchased on the Website.

9. Cancellation of the Subscription for Professionals

If the User qualifying as a Professional cancels an AiSerchAudit subscription during its validity period, they shall not be entitled to either a partial or total refund of the service already paid.
The non-consumer User has no right of withdrawal.

10. Right of Withdrawal for Consumers

In compliance with the provisions of the Consumer Code (Legislative Decree No. 206/2005), the User qualifying as a Consumer is entitled to withdraw from the purchase contract for any reason within 14 (fourteen) days of the first subscription to the service, without penalty and without prejudice to the provisions below.
Pursuant to Article 59, paragraph 1, letter a) of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of services – including digital services – after the service itself has begun. The Software provides a digital service accessible online, and the User, by accepting these T&C, expressly agrees to the commencement of performance and acknowledges the loss of the right of withdrawal from the moment access to the Software is granted.
In all other cases, the right of withdrawal may be exercised by the Consumer User within 14 days from receipt of the order confirmation email, provided they have not accessed the Software. The Consumer must send a withdrawal request to the email address specified on the Website for communications, stating their full name, purchase date, type of subscription, and order number (if applicable). Vivian S.r.l. will reimburse the User the amount paid within 14 days of the withdrawal request, using the same payment method as the Consumer used for the initial transaction, unless otherwise agreed by the Consumer.

11. User’s Responsibilities and Obligations

The User is responsible for any activity carried out via their account and expressly agrees not to sell, transfer or assign the account to third parties, except for persons or companies expressly authorised to create accounts on behalf of their employers or clients.
The User also declares that all information and data uploaded into the Software is entered independently, is true, original, and does not infringe the rights of third parties, including but not limited to copyright, intellectual property rights, trademarks, distinctive signs, patents, or other third-party rights.
The User is responsible for safeguarding access credentials, undertaking not to divulge them to third parties and to keep them with the utmost care and diligence.
The User is strictly forbidden from:

using the Service for illegal or unauthorised purposes
using the services to send spam, or engage in any conduct that may disable, overload, interfere with, or impede the correct functioning, integrity, operation, or appearance of the Software
accessing or collecting data from the AiSerchAudit Platform and pages using automated means or attempting to access data for which the User does not have permission
requesting, collecting, or using for another user, or misappropriating usernames and passwords or access credentials
selling, licensing, or purchasing data obtained from AiSerchAudit or its services
misusing channels for reporting, dispute, or appeal processes, e.g. submitting fraudulent, repetitive, or unfounded reports or appeals
transmitting pornographic, obscene, erotic, offensive or unlawful material or material contrary to public order.

12. Licence of Use of Copyright and Intellectual Property Rights by Users

The User remains the sole owner of the content and information entered into the Software, as well as of their trademarks and brands (trademarks, designs, logos, etc.).
The User undertakes to hold Vivian S.r.l. harmless from any third-party claims arising from the use and exploitation of the Software and any violations of copyright (for example, where the Customer creates derivative works or for content uploaded in breach of copyright).

13. Intellectual Property of the Software

The User acknowledges that all intellectual property and economic exploitation rights relating to the Software (including, but not limited to, trademarks, patents, software, company names, trade signs, business names, technical know-how, etc.) belong exclusively to Vivian S.r.l.
The User undertakes not to register, directly or through third parties, any trademarks, business names or symbols of Vivian S.r.l. or of companies belonging to the same corporate group (or trademarks, business names or symbols similar to those of Vivian S.r.l. or of companies belonging to the same group that might be confused with those of Vivian S.r.l. or of such companies).
Specifically with regard to the Software, the User undertakes not to: (i) circumvent or bypass any technological protection measures in the Software or related services; (ii) disassemble, decompile, decrypt, modify, emulate any functionality of the Software, it being understood (and explicitly acknowledged and accepted by the User) that (a) all Users must specifically log in before starting any working session; (b) all working sessions are registered or tracked in order to assess any breach of the obligations set out in these T&C or the law and/or requisite debugging activities; (c) photographs or screenshots are prohibited; (iii) separate components of the Software or services; (iv) publish, duplicate, lease, lend, rent, sell, export, import, or distribute the Software or services; (v) transfer the Software, any software licence or related access rights; (vi) use the services in unauthorised ways that may interfere with others’ use or access to services, data, accounts or networks; (vii) allow access to services via unauthorised third-party applications.
The User is expressly forbidden to sell, sublicense, distribute or otherwise allow third parties, free of charge or for consideration, to use the Software and/or any related service or related intellectual property. In particular, the User (i) shall not transfer the Software and/or related IP (including translations, compilations, total or partial copies as part of modifications, derivative works, updates, etc.), without prior written consent from Vivian S.r.l.; (ii) shall not make the Software and/or IP available to third parties; (iii) shall not modify the Software, incorporate it wholly or partly into other programmes nor decompile, copy or emulate any part of it.

14. Limitation of Liability

Vivian S.r.l. shall bear no liability if performance errors or omissions are due to third parties, to the User’s fault, or due to force majeure, unforeseen circumstances or any event not under its direct and exclusive control (including but not limited to natural disasters, terrorism, war, riots, power outages, loss of internet connection, general strikes, holidays such as Christmas, interruption of services managed by third parties such as cloud servers).
In the event of a relationship between Vivian S.r.l. and non-consumer Users, Vivian S.r.l. will not be liable for direct or indirect damages, whether foreseeable or not, connected with or arising from the Professional’s use of the Software. Should Vivian S.r.l. be held responsible for any prejudice suffered by the User and attributable exclusively to the use of the Software (only for damages suffered as a direct consequence of intent or gross negligence), such liability is limited to the amount paid by the User to Vivian S.r.l. in the twelve months preceding the event giving rise to the damage.
The User acknowledges and accepts that Vivian S.r.l. is exempt from any monitoring, review or regulatory compliance obligation in relation to personal data or information of the User or third parties entered or used by the User, as the latter is the data controller for all inputted data and information.
Vivian S.r.l. shall not be held liable under any circumstances for any damages, to the User or to third parties, arising from non-compliant use of the Software.

15. Applicable Law

These T&C are governed by Italian law and must be interpreted under the same. For the Consumer, any prevailing mandatory provisions of the Consumer’s habitual residence remain unaffected.

16. Dispute Resolution

In accordance with applicable law concerning e-commerce and consumer protection, the User (as a consumer) has the option of using alternative dispute resolution (ADR) for any disputes relating to the application, interpretation or performance of these T&C. The up-to-date list of ADR entities is available at: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights#inline-nav-2. In any case, before resorting to judicial authorities, disputes may be referred to mediation with an entity accredited by the Ministry of Justice under Legislative Decree 28/2010, or with an ADR entity pursuant to Article 141-decies of the Consumer Code.
For any dispute between the Consumer and Vivian S.r.l., jurisdiction is vested in the court in whose district the Consumer resides or has their domicile.
For Professional Users, any disputes arising from or related to this contract concluded by Vivian S.r.l., including those regarding its existence, validity or termination, shall, prior to any judicial proceedings, be subject to the exclusive jurisdiction of the Court of Milan, with the express exclusion of any alternative jurisdiction.

17. Severability Clause

If any provision of these T&C is found to be illegal, void, or for any reason unenforceable by a competent court, the parties agree that such provision shall be deemed severable from the contractual conditions and shall not affect the validity and enforceability of the remaining provisions.

18. Assignment of the Contract

Each party may assign this contract in whole or in part to third parties only with the prior written consent of the other. Where assignment is agreed, the debtor party will not be released from its obligations under Article 1408, paragraph 2, of the Italian Civil Code.

19. Appointment of Data Processor

By signing this contract, pursuant to Article 28 of EU Regulation 2016/679 (“GDPR”), the User, having considered Vivian S.r.l. to be suitable and reliable, appoints it as Data Processor. Vivian S.r.l., as provider, accepts such appointment upon its own subscription, confirming direct and thorough knowledge of the obligations undertaken and ensuring it possesses the capacity, experience and technical competence to perform this role. The data processed by the provider, if entered by the User and within the functionality of the Software, may only be personal data and contact details of data subjects (for whom the User is the controller); such data does not include special categories of data. Categories of data subjects may include: clients, employees or suppliers. In particular, Vivian S.r.l. undertakes to process personal data in accordance with the following instructions and provisions:

not to assign or make available such data to third parties, in whole or in part, either temporarily or permanently;
to process them appropriately, pertinently, and in accordance with the principle of data minimisation, as well as in a lawful, correct, and transparent manner, in compliance with all applicable legislation on the processing of personal data;
to ensure their confidentiality, integrity and availability, including all aspects relating to security as provided under Article 32 of the GDPR, while excluding Vivian S.r.l.’s responsibility for the content or use of the personal data by the User;
to ensure adequate protection of data subject rights and support the User in fulfilling its obligations to respond to requests by data subjects to exercise their rights;
to make use of its own organisational structure, identifying and designating persons authorised to carry out personal data processing operations, defining their scope of authorisation, providing them with instructions, and ensuring their training;
to ensure that authorised persons have been informed in advance of the confidential nature of the personal data;
to perform any transfer of personal data outside the EU only to countries ensuring an adequate level of protection in accordance with applicable law;
to ensure an adequate level of security proportionate to the risk by adopting technical and organisational security measures in compliance with GDPR provisions;
in the case of adding or replacing sub-processors, to inform the data controller;
with respect to its area of responsibility, to provide technical support to the User concerning (i) security of processing, (ii) notification of a personal data breach to the supervisory authority under Article 33 of the GDPR, (iii) notification of a personal data breach to the data subject under Article 34 of the GDPR, (iv) data protection impact assessment under Article 35 of the GDPR, (v) prior consultation under Article 36 of the GDPR;
in the event of any accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to personal data transmitted, stored or otherwise processed, to: (i) inform the User without undue delay and in any event within 48 hours of becoming aware thereof, by email to the User’s address; (ii) provide information on the nature of the breach, the categories and approximate number of data and data subjects involved, as well as probable consequences and measures taken or proposed to remedy or mitigate possible adverse effects; (iii) if it is not possible to provide such information within the required time, to indicate to the User the reasons for the delay, providing initial information about the breach which may be useful for the User’s notification purposes;
if it becomes aware that any instruction issued by the User breaches applicable law, to inform the User without delay;
to adopt measures to prevent unauthorised physical access, damage or interference to personal data processed during the performance of its assignment, and to ensure secure operation of data processing facilities, by adopting appropriate physical and environmental security measures and tools to prevent malware and data loss.

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the User declares to have carefully read the contract and expressly approves the following clauses:

Article 2 (terms of use);
Article 10 (limitation of right of withdrawal);
Article 12 (indemnity for infringement of copyright and intellectual property);
Article 14 (limitation of liability);
Article 16 letter c (forum for Professionals).