Terms of Service

These Terms of Service constitute the agreement between N4R and the User governing the User’s access to and use of the Service (the “Agreement”).

1. Definitions

Capitalized terms used in this Agreement have the meanings set out below or elsewhere in this Agreement:

“Access Procedure” means the process through which a person gains access to the interactive features of the Service, either through a nickname or through an account made available by N4R, a third-party service or the Publisher.

“Automated Agent” means a chatbot, AI agent or other automated system integrated into or activated for a Chat by the Publisher and capable of generating or publishing messages.

“Chat” means a communication service that allows Users to exchange messages in real time with other Users and, where enabled by the Publisher, with Automated Agents. Content exchanged in a Chat may be visible to the general public or only to certain Users, depending on the Publisher’s configuration, and may remain visible for up to 12 months.

“Content” means the messages, and the information contained therein, exchanged in the Chat.

“N4R” means Now4real S.r.l., with registered office at Viale Andrea Doria No. 7, 20124 Milan, Italy, registered with the Register of Enterprises of Milan, VAT No. 10328990964.

“N4R Website” means the website owned by N4R, which can be found at https://now4real.com.

“Publisher Agreement” means the agreement between N4R and a Publisher governing the provision of the Service to the Publisher and its integration and use on the Publisher’s Website.

“Publisher” means any natural or legal person that subscribes to the Service for use on one or more websites that it owns or lawfully operates.

“Publisher’s Website” means any website owned or lawfully operated by a Publisher on which the Service is made available.

“Service” means the online service provided for free to the User, directly by N4R and usable on the Publisher’s Websites through the Widgets. Unless otherwise specified, the term “Service” includes the Widget for the Chat and all the services, functions and features provided within the Chat and made available to Users as well as any other service from time to time provided by N4R through the Widgets. 

“User” means any natural person who has completed the Access Procedure.

“Widget” means the visual components hosted on Publisher’s Websites and developed by N4R or by the Publisher through N4R’s API whereby the Service is provided to the Users.

2. Duration, General Terms and Amendments 

2.1. By completing the Access Procedure for the first time, the User accepts these Terms of Service and enters into the Agreement with N4R.

2.2. The interactive features of the Service may be used only by persons who are at least 18 (eighteen) years old and have legal capacity to enter into this Agreement. By entering into this Agreement, the User confirms that these requirements are met.

2.3. The Agreement shall remain effective for an indefinite term until terminated in accordance with this Agreement. The Agreement shall govern the User’s use of the Service on any Publisher’s Website on which the Service is made available by N4R under these Terms, irrespective of the Publisher’s Website through which the User entered into the Agreement.

2.4. N4R may send notices relating to the Agreement to the email address associated with the Access Procedure, if available, in accordance with Article 14. The User may print or download the Agreement, including any amendments applicable from time to time. 

2.5. N4R may amend this Agreement where reasonably necessary to comply with applicable law, reflect changes to the Service or to N4R’s technical or organizational arrangements, protect the security or integrity of the Service, prevent abuse, or correct errors or clarify provisions. The amended Agreement will be published on the N4R Website.

2.6. Except where applicable law requires otherwise, amendments that do not reduce the User’s rights, increase the User’s obligations or otherwise adversely affect the User shall take effect upon publication, without notice or further acceptance. Any other amendments shall apply to a User only after the User has accepted the amended Agreement by completing the Access Procedure again.

2.7. The User acknowledges that access to the Service on a Publisher’s Website depends on the relevant Publisher Agreement. If that Publisher Agreement terminates for any reason, the Service may no longer be available to the User on that Publisher’s Website.

3. Nature, Use and Provision of the Service

3.1. N4R shall provide the User with the Service on the terms set out in the Agreement. 

3.2. N4R may suspend the Service or navigation on the N4R Website for technical reasons – including, without limitation, repairs and maintenance – as well as for improvements of the Service or the N4R Website, or for emergency reasons.

3.3. The User undertakes to obtain adequate hardware and software as well as the telecommunication equipment and services required to access the Service. The Agreement shall not include the provision or charging for the telecommunication services required to connect to the Service. 

3.4. The User is responsible for his or her own acts and omissions in connection with the use of the Service and for complying with this Agreement.

3.5. N4R may add, remove or modify features of the Service where reasonably necessary to improve or adapt the Service, reflect technical or operational developments, comply with applicable law, protect the security or integrity of the Service, prevent abuse, or correct errors. Unless otherwise expressly stated, this Agreement shall also govern any new services, functions or features made available by N4R through the Widgets.

3.6. The User acknowledges that (a) the Service is provided “as is” and “as available” from time to time, and (b) access to the Service depends on the relevant Publisher Agreement and on the operation of the Publisher’s Website. Accordingly, subject to Article 7, N4R does not guarantee the continued availability of the Service, including where its availability is affected by the termination of the relevant Publisher Agreement, the Publisher’s decisions or the operation of the Publisher’s Website.

3.7. Given the free nature of the Service, N4R may permanently discontinue the Service or a material part of it. N4R shall publish at least 5 days’ prior notice on the N4R Website, unless immediate action is required by applicable law or for serious technical or security reasons.

4. Safety 

4.1. Where the Access Procedure requires the use of credentials, the User shall be responsible for their security and proper use and shall take reasonable measures to keep them confidential and prevent their use by unauthorized persons.

4.2. If the User has reason to believe that credentials used in the Access Procedure have become known to an unauthorized person or are being used without authorization, the User shall promptly notify N4R or the provider responsible for those credentials, as appropriate.

4.3. N4R may suspend or restrict a User’s access to the Service in accordance with Article 10 if it reasonably believes that a security issue or unauthorized use exists or is likely to occur.

4.4. Where the Access Procedure requires the User to provide personal details, the User shall ensure that those details are accurate, complete and kept up to date.

5. Use of the Service and of the Chat

5.1. The Service is provided and the Chat is made available exclusively for the User’s personal use. The User may not resell or attempt to resell the Service or any part or structure thereof, including Content, to any third party, or use the Service and the Chat in order to operate any business, professional or commercial activity, including the publication, promotion, placement or any other form of marketing of goods or services, without N4R’s prior written consent.

5.2. The User must not use the Service or the Chat in a manner that damages, disrupts or materially interferes with the Service, the Publisher’s Website, the N4R Website or the use of the Service by others.

5.3. Content transmitted through the Chat may originate from Users or Automated Agents. Users are responsible for the Content they originate, including any links to third-party websites or resources. The User must exercise appropriate judgment when relying on or using Content, including Content generated by an Automated Agent. Subject to Article 7, N4R is not responsible for Content originating from other Users or from Automated Agents integrated into or activated for the Chat by the Publisher, or for the content or availability of third-party websites or resources linked through Content.

5.4. The Publisher may, directly, through one or more appointed moderators, or by activating or configuring automated moderation tools or filters made available through the Service, remove or restrict Content and prevent a User from publishing new Content. Subject to Article 7, N4R is not responsible for moderation policies, settings or decisions determined by the Publisher or its appointed moderators or, to the extent resulting from those policies or settings, for the outcomes of automated moderation tools or filters.

5.5. N4R may retain, use and disclose Content where reasonably necessary to comply with legal obligations or lawful requests or orders from competent authorities, investigate or respond to claims concerning third-party rights, or establish, exercise or defend legal claims, in each case in accordance with applicable law.

5.6. The User must comply with all applicable laws and regulations when using the Service.

5.7. The User must not use the Service:

1. to submit, disseminate or otherwise make available any Content that is unlawful, fraudulent, knowingly false or misleading, defamatory, threatening, harassing, abusive, hateful, discriminatory or obscene, or that violates the privacy, confidentiality, intellectual-property rights or other rights of any person;
2. to impersonate any person or entity or misrepresent any affiliation with N4R, a Publisher, a moderator or any third party;
3. to send spam or unsolicited advertising or promotional communications, unless expressly permitted by the Publisher;
4. to intentionally or negligently introduce, transmit or disseminate malware, viruses or other code, files or programs that could damage, interrupt or limit the operation of the Service or any software, hardware or device;
5. to disrupt the normal flow of communications or interfere with the Service, its servers or networks, or the ability of others to use the Service;
6. to collect, store, disclose or otherwise process personal data unlawfully, including by submitting special categories of personal data concerning another person, special categories of personal data concerning the User in a Chat that is not publicly accessible, or personal data relating to criminal convictions or offenses, unless the relevant processing is permitted by applicable law;
7. to submit or disseminate third-party Content without the right to do so; or
8. to promote, facilitate or provide links to unlawful content, services or activities.

5.8. N4R reserves the right to carry out control or surveillance activities on Content published in Chats or otherwise made available through Widgets. Without prejudice to the foregoing, N4R reserves the right to remove from Chats, without notice, any Content that violates or may violate, or that N4R believes in good faith may violate, the Agreement, mandatory provisions of law or third-party rights, or where N4R believes that the removal of such Content is necessary in order to: (1) comply with applicable law or orders lawfully issued by public authorities; (2) prevent or halt any violation of the Agreement or applicable law, enforce its rights under the Agreement, or defend itself against claims that third-party rights have been violated; or (3) protect the rights of N4R or third parties. 

5.9. Without prejudice to the foregoing, N4R shall not be held liable if Content is illegal or violates mandatory provisions of law or third-party rights, except where N4R becomes aware of such Content and fails to promptly remove it or disable access to it.

6. Intellectual Property Rights

6.1. Users retain all rights, title, and interest in any Content they submit, post, or transmit through the Service. Using the Service does not transfer ownership of their Content to N4R.

6.2. By submitting Content, the User grants N4R a worldwide, non-exclusive and royalty-free license, with the right to sublicense it only to service providers acting on N4R’s behalf, to host, store, reproduce, transmit, format, moderate and display the Content, and to make it available to the relevant Publisher and its appointed moderators, solely as necessary to operate and provide the Service in accordance with the Publisher’s configuration and this Agreement. The license shall terminate when the Content is deleted from N4R’s systems, except to the extent that its retention is required by law or is necessary for the establishment, exercise or defense of legal claims. N4R does not use Content to train or fine-tune artificial-intelligence models and does not authorize service providers acting on its behalf to do so.

6.3. The intellectual property rights connected with the Service or the Chat made available by N4R are and remain the property of N4R or its licensors.

6.4. N4R grants the User, for the duration of the Agreement, a free, non-exclusive, non-transferable and non-sublicensable license to use the Widget and its underlying software solely for the User’s personal use of the Service.

6.5. Except where and to the extent expressly permitted by applicable mandatory law, the User must not copy, reproduce, adapt, modify, decode, reverse engineer, disassemble, decompile or translate the software underlying the Service or the Chat, or create derivative works from that software or any of its updates.

7. Limitation of Liability

7.1. To the fullest extent permitted by applicable law, and except where the loss or damage results from N4R’s breach of this Agreement or failure to exercise reasonable care and professional diligence, N4R shall not be liable to the User, whether in contract, tort or otherwise, for: (a) any direct or indirect loss of profits, revenue, business or opportunity, any indirect or consequential loss or damage, or any loss, destruction or corruption of data; (b) any act or omission of the Publisher, any telecommunications or Internet provider or any other third party, or any defect or failure attributable to their systems; or (c) any loss or damage arising out of or in connection with the use of, or inability to use, the Service or the Chat.

7.2. Nothing in this Agreement excludes or limits N4R’s liability for willful misconduct or gross negligence, fraud, death or personal injury caused by N4R, or any other liability or mandatory consumer right that cannot lawfully be excluded or limited.

7.3. If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, the remaining provisions shall remain in effect.

8. Force Majeure 

8.1. Neither party shall be liable for any delay or failure to perform its obligations under the Agreement to the extent caused by events beyond its reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, civil unrest, strikes, cyberattacks, failures of telecommunications, Internet or utility services, acts of public authorities, or failures of suppliers caused by such events.

9. Withdrawal From the Agreement 

9.1. Each party may withdraw from the Agreement at any time by giving the other party at least 5 days’ notice in accordance with Article 14 or applicable law.

9.2. Nothing in this Agreement limits any mandatory right of withdrawal or termination available to a User who qualifies as a consumer under applicable law.

10. Suspension of Access

10.1. N4R may, without prior notice, suspend or restrict all or part of the User’s access to the Service where reasonably necessary and proportionate to: (a) prevent or halt a breach of this Agreement or applicable law; (b) protect the security, integrity or availability of the Service; (c) protect the rights or safety of N4R, a Publisher, other Users or third parties; or (d) comply with applicable law or a lawful request or order from a competent authority.

10.2. A suspension or restriction may remain in effect for as long as the circumstances justifying it persist. N4R may restore access when it reasonably determines that those circumstances no longer exist.

10.3. Failure or delay by either party to exercise any right under the Agreement shall not constitute a waiver of that right or prevent its subsequent exercise.

11. Personal Data Protection

11.1. N4R processes personal data relating to the User in accordance with applicable data protection law. Further information is provided in the Privacy and Cookie Policy (https://now4real.com/privacy).

12. Effects of the Termination of the Agreement

12.1. Following termination of the Agreement for any reason, any provision which by its nature is intended to survive shall remain in force, including Articles 5.5, 6.1, 6.2, 6.3, 7, 14 and 15.

13. Assignment

13.1. N4R may assign or transfer this Agreement to an entity within its corporate group or in connection with a merger, corporate reorganization or sale of all or part of its business, provided that this does not reduce the User’s rights under the Agreement, including the right to withdraw under Article 9. The User may not assign or transfer this Agreement without N4R’s prior written consent.

14. Notices

14.1. Except where this Agreement expressly provides otherwise, all notices under the Agreement must be in writing:

1. if addressed to N4R, sent to the address indicated on the N4R Website or through a contact form made available by N4R; and
2. if addressed to the User, sent to the email address associated with the Access Procedure, if available.

15. Applicable Law and Jurisdiction

15.1. This Agreement shall be governed by and construed in accordance with the laws of Italy. If the User is a consumer, this choice of law shall not deprive the User of any protection afforded by provisions that cannot be derogated from by agreement under the law that would apply in the absence of this choice.

15.2. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Milan, Italy. However, where the User is a consumer, jurisdiction shall be determined in accordance with applicable mandatory consumer-protection laws