Effective Date: September 7, 2026
Last Updated: September 7, 2026
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Distinct Social ("Platform," "Company," "we," "us," "our"), a company organized and existing under the laws of Italy, with registered office in Como, Italy.
By accessing, browsing, or using the Distinct Social platform, including any associated websites, applications, APIs, notifications, and other services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease all use of the Service.
By using the Service, you represent and warrant that you have the legal capacity to enter into this Agreement in your jurisdiction of residence.
We reserve the absolute and unconditional right to modify, amend, supplement, or replace these Terms at any time and at our sole discretion, without prior notice. Changes shall become effective immediately upon posting to the Platform. Your continued use of the Service following the posting of revised Terms constitutes your irrevocable acceptance of such changes. It is your sole responsibility to review these Terms periodically. Failure to review the Terms shall not constitute a defense to their enforceability.
You must be at least sixteen (16) years of age to use the Service. In certain jurisdictions, the minimum age may be higher as required by applicable law. By using the Service, you represent and warrant that you meet the applicable age requirements.
You may not use the Service if:
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. Provision of false, misleading, or outdated information constitutes a material breach of these Terms.
You are solely and exclusively responsible for safeguarding your account credentials and for all activities that occur under your account, whether or not authorized by you. You must immediately notify us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this section, and you agree to indemnify us for any such losses.
Unless expressly authorized in writing by Distinct Social, each User is permitted to maintain only one (1) account on the Platform. Creation of multiple accounts may result in immediate termination of all accounts without notice.
Distinct Social reserves the right to require verification of your identity at any time and may suspend or terminate your account if verification is not completed to our satisfaction.
Subject to your strict compliance with these Terms, Distinct Social grants you a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Service solely for your personal, non-commercial purposes.
You acknowledge and agree that:
Any commercial use of the Service requires a separate commercial license agreement with Distinct Social. Unauthorized commercial use constitutes a material breach of these Terms and may result in:
For commercial licensing inquiries, contact us through our contacts page.
You agree not to, and shall not permit any third party to:
The license granted in Section 4.1 may be revoked by Distinct Social at any time, for any reason or no reason, with or without notice, in our sole and absolute discretion.
"User Content" means any content, including but not limited to text, images, photographs, videos, audio, graphics, links, data, metadata, and any other materials that you submit, post, upload, transmit, or otherwise make available through the Service, directly or indirectly.
By submitting, posting, or displaying User Content on or through the Service, you hereby grant Distinct Social a worldwide, perpetual, irrevocable, unconditional, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, create derivative works from, and otherwise exploit your User Content in any and all media or distribution methods now known or later developed, for any purpose, including but not limited to:
This license continues even if you stop using the Service, delete your User Content, or delete your account.
To the fullest extent permitted by applicable law, you irrevocably waive, and agree not to assert, any and all moral rights you may have in your User Content, including rights of attribution, integrity, disclosure, and withdrawal, as recognized under Italian law (Article 20 et seq. of Law No. 633/1941) and equivalent rights under other jurisdictions.
You represent and warrant that:
Distinct Social has absolutely no obligation to store, maintain, host, or provide you with copies of your User Content. You are solely responsible for creating backup copies of your User Content at your own expense.
Distinct Social reserves the absolute right, but has no obligation, to monitor, review, edit, remove, or disable access to any User Content at any time, for any reason or no reason, without notice to you and without any liability whatsoever.
You acknowledge and agree that you shall not receive any compensation, payment, or remuneration of any kind for your User Content or for the license granted herein, regardless of how Distinct Social uses such content.
The Service, including all content, features, and functionality thereof (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement), is owned exclusively by Distinct Social, its licensors, or other providers of such material and is protected by Italian, European Union, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Distinct Social name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Distinct Social or its affiliates. You may not use such marks without the prior written permission of Distinct Social. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
Except for the limited license expressly granted in Section 4.1, nothing in these Terms shall be construed as conferring any license, right, title, or interest in or to the Service, its content, or any Distinct Social intellectual property, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved exclusively by Distinct Social.
If you provide Distinct Social with any feedback, suggestions, ideas, improvements, or recommendations regarding the Service ("Feedback"), you hereby irrevocably assign to Distinct Social all right, title, and interest in and to such Feedback, and Distinct Social shall be free to use such Feedback without any compensation, attribution, or obligation to you.
You agree not to engage in any of the following prohibited activities:
Distinct Social reserves the absolute right, but has no obligation, to investigate and take appropriate action against anyone who, in Distinct Social's sole discretion, violates this Section, including removing content, suspending or terminating accounts without notice or refund, and reporting violators to law enforcement authorities.
The Service may contain content provided by third parties, including content provided by other users. Distinct Social does not control, endorse, or adopt any third-party content and shall have no responsibility whatsoever for such content, including its accuracy, completeness, legality, reliability, or appropriateness.
The Service may contain links to third-party websites or resources. Distinct Social provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Distinct Social does not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components, or that any defects will be corrected. Distinct Social reserves the absolute right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without any liability to you.
Any reliance you place on information or content available through the Service is strictly at your own risk. Distinct Social disclaims all liability arising from any reliance placed on such materials by you or any other user, or by anyone who may be informed of any of its contents.
Distinct Social does not endorse any User Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability, or other cause of any kind arising from any User Content.
Nothing on the Service constitutes professional, legal, financial, medical, or other advice. You should consult appropriate professionals before taking any action based on information obtained through the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISTINCT SOCIAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF DISTINCT SOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DISTINCT SOCIAL FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DISTINCT SOCIAL, IF ANY, FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).
THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Nothing in these Terms shall affect any statutory rights that cannot be waived or limited under applicable mandatory consumer protection laws, including those of the European Union. However, to the extent any such rights can be waived, limited, or modified by agreement, you agree to such waiver, limitation, or modification.
You agree to indemnify, defend, and hold harmless Distinct Social, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorneys' fees and costs) arising from:
Distinct Social reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of these claims. You agree not to settle any matter without the prior written consent of Distinct Social.
You may terminate your account at any time by following the instructions on the Service or by contacting us through our contacts page. Termination of your account does not relieve you of any obligations incurred prior to termination, and you shall remain liable for all such obligations.
Distinct Social may, in its sole and absolute discretion, suspend or terminate your access to the Service, or any part thereof, at any time, for any reason or no reason, with or without notice, and without any liability to you whatsoever. This includes, without limitation, termination for:
Upon termination:
Following termination, Distinct Social has no obligation to retain, store, or provide you with any data, User Content, or other information associated with your account. Distinct Social may delete all such information immediately upon termination without any notice or liability to you.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.
Subject to Section 13.3, the courts of Como, Italy, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or any other basis.
If you are a consumer habitually resident in the European Union, you shall benefit from any mandatory provisions of the law of the country in which you are resident that cannot be derogated from by agreement. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. If you are a consumer in the EU, you may bring proceedings in the courts of your Member State of residence or in the courts of Como, Italy, but any proceedings brought against you by Distinct Social may be brought in the courts of Como, Italy.
The European Commission provides an online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr/. We are not obliged and currently not willing to participate in dispute resolution proceedings before a consumer arbitration board.
Any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute or law to the contrary.
In accordance with Regulation (EU) 2022/2065 (Digital Services Act), Distinct Social designates the following single point of contact for direct communication with Member States' authorities, the Commission, and the Board. Contact details are available on our contacts page.
Distinct Social is established in the European Union and serves as its own legal representative for purposes of the Digital Services Act.
Users may report illegal content or content violating these Terms through the reporting mechanisms provided within the Service.
Where Distinct Social removes or restricts access to User Content or takes other enforcement actions, we will provide the affected user with a statement of reasons in accordance with Article 17 of the Digital Services Act, unless doing so would undermine the prevention or detection of fraud or other illegal activity.
Users may submit complaints regarding content moderation decisions through our internal complaint-handling system. Complaints will be processed in a timely, non-discriminatory, diligent, and non-arbitrary manner.
These Terms, together with any other legal notices and agreements published by Distinct Social on the Service, constitute the entire agreement between you and Distinct Social concerning the Service and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Distinct Social with respect to the Service.
If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent to the maximum extent possible.
No waiver by Distinct Social of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Distinct Social to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without Distinct Social's prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. Distinct Social may freely assign or transfer these Terms without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Distinct Social shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Distinct Social's reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, natural disasters, pandemics, epidemics, government actions, power failures, internet failures, or failures of third-party services.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
These Terms may be made available in multiple languages for convenience. In the event of any conflict between the English version and any translated version, the English version shall prevail.
Distinct Social may provide notices to you through the Service, via email to the address associated with your account, or through other reasonable means. It is your sole responsibility to ensure that your contact information remains current. You are deemed to have received notice when it is sent or posted, regardless of whether you actually receive or read it.
By using the Service, you consent to receiving electronic communications from Distinct Social. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your use of the Service is also subject to our Privacy Policy, which describes how we collect, use, share, and protect your personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation). The Privacy Policy is incorporated into these Terms by reference.
By using the Service, you acknowledge that Distinct Social will process your personal data as described in the Privacy Policy. For users in the European Economic Area, the United Kingdom, and Switzerland, Distinct Social is the data controller for personal data processed in connection with the Service.
If you have any questions about these Terms, please contact us through our contacts page.
CLAUSOLE VESSATORIE - ONEROUS CLAUSES
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, by using the Service you specifically acknowledge and approve the following clauses:
By using the Service, you specifically approve the following clauses:
Ai sensi e per gli effetti degli artt. 1341 e 1342 del Codice Civile italiano, l'utente dichiara di aver letto, compreso e specificamente approvato le clausole sopra elencate.
These Terms of Service were last updated on September 7, 2026.