Business Client Declaration
The Services offered by Qreativa.com are intended exclusively for business clients, companies, professionals, entrepreneurs, freelancers, agencies, and entities acting for purposes related to their business, commercial, entrepreneurial, craft or professional activity.
By purchasing, subscribing to, or activating the Services, the Client expressly declares and warrants that they are acting as a business/professional client and not as a consumer. Qreativa reserves the right to refuse, suspend, or terminate the Services if it reasonably believes that the Client is not acting in a business or professional capacity.
If, despite the above declaration, the Client qualifies as a consumer under applicable mandatory law, any mandatory consumer protection rights shall remain unaffected.Subscription, Renewal, and CancellationUnless otherwise agreed in writing, the Services are provided on a subscription basis and are billed in advance according to the plan selected by the Client during the purchase or activation phase.
The subscription renews automatically at the end of each billing period unless cancelled by the Client by written notice sent to supporto@qreativa.com at least 5 days before the next renewal date.
Cancellation prevents future renewals only. Cancellation does not entitle the Client to any refund, credit, chargeback, reimbursement, or pro-rata reduction for the current billing period, unused time, unused task capacity, unused deliverables, delays caused by the Client, or any decision by the Client not to use, approve, launch, or continue with the work produced by Qreativa.
Qreativa may suspend or terminate the Services in case of failed payment, chargeback, abusive conduct, non-cooperation by the Client, breach of these Terms, or use of the Services for unlawful, misleading, fraudulent, or platform-policy-violating activities.
No Refund Policy
All payments made to Qreativa are final and non-refundable. The Client acknowledges and accepts that Qreativa allocates resources, team capacity, planning time, strategic work, creative work, technical work, and execution capacity immediately after activation or renewal of the Services.
For this reason, no refunds, credits, reimbursements, chargebacks, or pro-rata reductions are due for any reason, including but not limited to:
a) the Client changing their mind;
b) the Client deciding not to use, publish, launch, or continue with the deliverables;
c) dissatisfaction with subjective creative preferences, provided that the work is substantially aligned with the agreed scope;
d) delays caused by the Client, lack of feedback, lack of materials, lack of approvals, lack of access, or lack of cooperation;
e) changes in the Client’s business, budget, priorities, internal strategy, or availability;
f) performance of advertising campaigns, funnels, websites, automations, SEO, email marketing, social media, or other marketing activities;
g) rejection, restriction, suspension, or policy limitations imposed by third-party platforms including, by way of example, Meta, Google, TikTok, LinkedIn, Stripe, hosting providers, CRM providers, email marketing platforms, or automation tools;
h) unused monthly capacity, unused task slots, unused revisions, or unused subscription time.
Nothing in this clause excludes or limits rights that cannot be excluded or limited under mandatory applicable law.
No Guarantee of Results
The Client acknowledges that marketing, advertising, creative, automation, funnel, website, SEO, and digital growth activities are subject to multiple variables outside Qreativa’s control.Qreativa does not guarantee any specific commercial, financial, advertising, SEO, conversion, sales, lead generation, revenue, ROAS, ROI, ranking, traffic, engagement, approval, account status, or business result.
Any forecasts, suggestions, strategies, examples, benchmarks, case studies, or estimates shared by Qreativa are provided for informational and strategic purposes only and do not constitute a promise, warranty, or guaranteed result.
The Client remains solely responsible for its business model, offer, pricing, sales process, customer service, product/service quality, market fit, legal compliance, advertising budget, and final business decisions.
Scope of Services and Client Requests
The Services consist of recurring marketing execution, creative, technical, strategic, automation, website, copywriting, advertising support, or other digital services requested by the Client and accepted by Qreativa, according to the plan purchased.
The Client may submit requests by email or through any other channel made available by Qreativa. Qreativa retains discretion to determine the most appropriate method, order, timing, and technical/creative execution of the requested activities, within the scope of the purchased plan.Requests outside the purchased plan, urgent requests, excessive revisions, strategic changes, new concepts, additional pages, additional funnels, additional integrations, complex automations, custom development, or work not reasonably included in the original request may require a separate quotation or may be scheduled in a subsequent billing cycle.Unused task capacity, unused work hours, unused revisions, or unused monthly allocation do not roll over to future billing periods unless expressly agreed in writing.
Client Cooperation, Materials, and Approvals
The Client undertakes to provide all materials, information, access credentials, approvals, feedback, brand assets, legal disclaimers, product information, platform access, and any other element required for the execution of the Services in a timely, accurate, and complete manner.
Qreativa shall not be liable for delays, defects, errors, missed deadlines, rejected campaigns, incomplete deliverables, or reduced performance caused by incomplete, inaccurate, delayed, unlawful, misleading, or non-compliant materials or instructions provided by the Client.
The Client is solely responsible for verifying the legal, regulatory, medical, financial, advertising, privacy, copyright, trademark, consumer protection, and sector-specific compliance of the materials, claims, offers, landing pages, ads, content, and communications approved or requested by the Client.
Delivery, Review, and Acceptance
Deliverables are deemed delivered when made available to the Client by email, shared link, platform upload, staging environment, project management tool, drive folder, website preview, ad account, CRM, automation platform, or any other reasonable delivery method. The Client has 7 days from delivery to notify Qreativa in writing of any specific, objective, and documented defects or non-conformities with the agreed scope. If the Client does not provide written objections within 7 days, the deliverables shall be deemed reviewed, approved, and accepted.
Subjective dissatisfaction, changes of preference, changes of strategy, new ideas, or requests that differ from the original scope shall not be considered defects or non-conformities and may be treated as new requests.
Intellectual Property
Unless otherwise agreed in writing, and subject to full payment of all amounts due, the Client receives the right to use the final custom deliverables created specifically for the Client for its own business purposes.
Qreativa retains full ownership of all pre-existing materials, templates, frameworks, systems, strategies, know-how, methodologies, software, code libraries, automation structures, prompt structures, internal processes, design systems, non-final drafts, rejected concepts, and any reusable or general-purpose materials developed or used in the provision of the Services.
No rights are transferred to the Client until full payment has been received. The Client may not resell, sublicense, redistribute, package, assign, or make available to third parties Qreativa’s templates, systems, methods, internal materials, strategies, frameworks, automation structures, or non-final working files without Qreativa’s prior written consent. Third-party assets, stock images, fonts, software, plugins, SaaS tools, APIs, AI tools, advertising platforms, hosting services, and other third-party resources remain subject to their respective licenses, terms, fees, and limitations.
Third-Party Platforms and Tools
The Client acknowledges that Qreativa may operate through third-party platforms, including but not limited to advertising platforms, analytics tools, website builders, hosting providers, CRM systems, payment providers, automation tools, email marketing software, AI tools, social media platforms, and other external services. Qreativa is not responsible for outages, restrictions, suspensions, rejected ads, account bans, policy changes, price changes, API limitations, data loss, service interruptions, technical issues, or decisions made by third-party platforms. The Client remains responsible for paying any third-party costs, including advertising spend, software subscriptions, hosting, domains, plugins, stock assets, fonts, licenses, and platform fees, unless otherwise agreed in writing.
Limitation of Liability
To the maximum extent permitted by applicable law, Qreativa shall not be liable for indirect, incidental, consequential, special, punitive, reputational, commercial, or financial damages, including loss of profits, loss of revenue, loss of business opportunities, loss of data, loss of goodwill, loss of customers, advertising losses, platform restrictions, or missed business results. Except in cases of wilful misconduct, gross negligence, death or personal injury, or other liability that cannot be excluded under mandatory law, Qreativa’s total aggregate liability arising out of or in connection with the Services shall not exceed the amount actually paid by the Client to Qreativa for the specific monthly billing period in which the event giving rise to the claim occurred.
Chargebacks and Payment Disputes
The Client agrees not to initiate chargebacks, payment reversals, or payment disputes in bad faith or in breach of these Terms.Any unjustified chargeback, payment reversal, failed payment, or payment dispute may result in immediate suspension of the Services, termination of access to deliverables not yet fully paid, recovery of outstanding amounts, administrative fees, legal costs, collection costs, and any other damages suffered by Qreativa.
Governing Law
These Terms and any contract entered into between Qreativa and the Client shall be governed by and construed in accordance with the laws of Italy, without prejudice to any mandatory provisions that may apply under applicable law.
Exclusive Jurisdiction
For any dispute arising out of, relating to, or connected with these Terms, the Services, the subscription, the purchase, the validity, interpretation, execution, breach, termination, or payment of the contract, the Court of Milan, Italy, shall have exclusive jurisdiction, with the express exclusion of any other competing court.
This jurisdiction clause applies to business and professional Clients only. If the Client qualifies as a consumer under applicable mandatory law, the mandatory court of the consumer’s place of residence or domicile shall apply where required by law.
Specific Approval of Restrictive Clauses
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Client specifically approves the following clauses:
Subscription, Renewal, and Cancellation;
No Refund Policy;
No Guarantee of Results;
Scope of Services and Client Requests;
Client Cooperation, Materials, and Approvals;
Delivery, Review, and Acceptance;
Intellectual Property;
Third-Party Platforms and Tools;
Suspension and Termination of Services;
Limitation of Liability;
Chargebacks and Payment Disputes;
Governing Law;
Exclusive Jurisdiction.