Terms of Service

1. Definitions

• "MuseoGuida", "we", "our": Davide Bertolino, Italian VAT no. 04011280049, owner of the MuseoGuida service, with registered office in Mondovì, via S.Anna 93/C, Italy.
• "Service": the MuseoGuida platform, accessible through www.museoguida.com and its subdomains, which allows museums to create and manage digital audio guides that visitors access via QR codes.
• "Customer", "you", "your": the museum, body, association or individual who registers for the Service.
• "Visitor": the end user who accesses the audio guides via QR code.
• "Content": texts, images, audio files and any other material uploaded by the Customer to the platform.
• "Dashboard": the web interface reserved for the Customer, used to manage works, audio guides and museum settings.

2. Acceptance

By registering for the Service you accept these Terms and the Privacy Policy in full. If you do not accept them, do not use the Service.

3. Description of the Service

MuseoGuida provides a platform that allows museums to:

• Create records for each work, with texts, images and multilingual audio guides.
• Generate a unique QR code for every work.
• Organise themed tours.
• View anonymous visit statistics.
• Customise the appearance of the guide with the museum's own branding.

Museum visitors access the audio guides by scanning the QR codes with a smartphone, without installing any application.

4. Plans and prices

Annual subscription: 17% discount compared with the monthly fee.

All prices exclude VAT. Italian VAT at 22% applies to customers in Italy. For business customers established in another EU Member State the reverse charge mechanism applies, and for customers outside the EU the service is outside the scope of Italian VAT; in both cases a valid VAT identification number must be provided.

Custom domain. On the Full and Event plans the guide can be reached, in addition to its address on museoguida.com, at a subdomain of a domain belonging to the Customer (e.g. guide.museumname.com). The domain remains the Customer's property: the Customer registers and renews it and adds the DNS record indicated by MuseoGuida; MuseoGuida handles the configuration and the security certificate at the Customer's request. The administration dashboard stays on museoguida.com. QR codes generated after activation carry the Customer's address; those generated earlier remain valid. If the Customer moves to a plan that does not include the custom domain, for as long as the DNS record is left unchanged the Customer's address redirects to the guide on museoguida.com, so QR codes already printed keep working.

5. Payments and invoicing

• The Pro and Full plans are paid against an invoice issued monthly or annually, according to the plan chosen.
• Payment is made by bank transfer within 30 days of the invoice date, unless otherwise agreed.
• For plans with built-in ticketing (Full), visitor payments are processed by Stripe. MuseoGuida has no access to credit card data.
• The Customer is responsible for the accuracy of the billing details provided.

6. Term and cancellation

• The Free plan has no fixed term and is free of charge.
• The Pro and Full plans renew automatically at the end of each period (monthly or annual).
• The Customer may cancel at any time from the Dashboard or by writing to hello@museoguida.com.
• Cancellation takes effect at the end of the period already paid for. No refunds are given for partial periods.
• On cancellation of a paid plan the account is automatically converted to the Free plan. Content is retained, but the works visible are limited to 20.
• Event packages are paid once and do not renew. They include set-up up to 60 days before the first opening day. From the day after the last day the visitor guide only shows the venue information; for the following 30 days the Customer can still edit and export Content, after which the dashboard remains available read-only.

7. Customer Content

• The Customer retains full intellectual property in all Content uploaded to the platform.
• The Customer grants MuseoGuida a limited, non-exclusive and revocable licence to host, reproduce and make the Content accessible for the sole purpose of providing the Service.
• The Customer warrants that it holds all necessary rights in the Content uploaded (copyright, image rights, audio licences) and holds MuseoGuida harmless from any liability arising from the infringement of third-party rights.
• The Customer is solely responsible for the truthfulness and accuracy of the information published, including when it was prepared or translated with the help of artificial intelligence. Every dashboard user accepts this responsibility on behalf of the Customer at first access; the acceptance is recorded with date, IP address and version of the text.
• MuseoGuida does not monitor or moderate Content, but reserves the right to remove manifestly unlawful content upon notification or by order of a competent authority.

8. Acceptable use

The Customer undertakes not to use the Service to:

• Upload unlawful, defamatory or obscene content, or content infringing third-party rights.
• Distribute malware or harmful code.
• Attempt to access other customers' data.
• Use the Service for purposes other than those intended (museum audio guides).
• Deliberately overload the infrastructure with automated requests.

Breach of these rules may result in immediate suspension or closure of the account without notice.

9. Service availability

• MuseoGuida undertakes to keep the Service available 24 hours a day, 7 days a week, with a target uptime of 99.5% on an annual basis.
• Excluded from the uptime calculation: scheduled maintenance (announced at least 48 hours in advance), events of force majeure, and third-party failures (Contabo, Cloudflare, Stripe).
• MuseoGuida is not liable for direct or indirect damages arising from temporary interruptions of the Service.

10. Backups and data retention

• Automatic daily backups of the database, encrypted and kept in separate storage, not reachable from the Internet, in the European Union. Images and audio files reside on Cloudflare R2, also in the European Union, and are not covered by this backup: the Customer can download a complete copy of them at any time, together with the texts, from the export function of the panel.
• If the Customer deletes content by mistake, MuseoGuida undertakes to restore the data from the most recent available backup, on request within 7 days of the event.
• On closure of the account the Customer has 30 days to export their data (texts, images, audio) from the Dashboard or as a CSV export. After that period the data is permanently deleted.

11. Intellectual property

• The MuseoGuida Service, its source code, design, logo and documentation are the exclusive property of Davide Bertolino.
• The Customer acquires no intellectual property rights in the Service.
• The Free plan includes the "Powered by MuseoGuida" badge in the visitor guide. Removal of the badge is reserved for the Pro and Full plans.

12. Limitation of liability

• MuseoGuida is provided "as is". No warranty is given that it will be free from errors, interruptions or defects.
• MuseoGuida's total liability towards the Customer is limited to the total amount paid by the Customer in the 12 months preceding the event giving rise to the liability.
• MuseoGuida is not liable for: loss of data resulting from the Customer's own actions, indirect damages, loss of profit, loss of visitors, or Content uploaded by the Customer in breach of third-party rights.

13. Data protection

The processing of personal data is governed by the Privacy Policy.

In summary:

• Data resides in the European Union: the database on servers in Germany (Contabo GmbH), images, audio files and backups on Cloudflare R2 under EU jurisdiction.
• No profiling cookies or third-party trackers are used.
• Each museum's data is isolated from that of other customers.
• The Customer may export and delete their data at any time.

14. Changes to these Terms

MuseoGuida reserves the right to amend these Terms. Changes will be notified by email at least 30 days in advance. Use of the Service after the changes take effect constitutes acceptance. If the Customer disagrees, they may cancel without penalty before the effective date.

15. Price changes

Any price changes will be announced at least 60 days in advance. Changes apply from the renewal following the effective date. Periods already paid for are not affected.

16. Governing law and jurisdiction

These Terms are governed by Italian law. Any dispute arising from the interpretation or performance of these Terms falls within the exclusive jurisdiction of the Court of Cuneo, Italy.

17. Contact

For any question relating to these Terms:

Davide Bertolino — Italian VAT no. 04011280049
Email: hello@museoguida.com
Website: www.museoguida.com