Terms and Conditions


The RecommerceIQ platform available on RecommerceIQ.com and any alternative domains (referred to as the "Platform") is provided by CompeteRealTime srl, with company VAT 01935990935, located in via Marconi 22, Chions (PN), Italy (referred to as "RecommerceIQ"). These terms and conditions, including any incorporated terms (collectively, the "Terms"), are applicable to the Platform and the services offered by RecommerceIQ to its customers ("Customers"). These Terms apply to a Customer's use of the Platform, whether or not a formal contract has been signed, as the act of using the Platform implies acceptance of these Terms.

The agreement between RecommerceIQ and the Customer (the "Contract") is formed by these Terms and any specific Contract terms. In the event of any conflict between the Contract and these Terms, the Contract terms will prevail.


  • Confidential Information: Information, data, and material disclosed by one party to the other party, marked as confidential or provided under circumstances indicating confidentiality. RecommerceIQ's Confidential Information includes non-public information and materials related to the Platform and its use, or provided to the Customer in relation to the Agreement.
  • Customer Materials: Information or materials that the Customer or any End User inputs, transmits, uploads, or stores on the Platform.
  • End User: Individuals authorized by the Customer to access and use the Platform.
  • Intellectual Property Rights: Includes copyrights, patents, trademarks, domain name rights, rights in databases, and other intellectual property rights, whether registered or not, worldwide.
  • RecommerceIQ Subcontractors: Subcontractors and service providers used by RecommerceIQ.
  • Services: Ancillary services, if any, delivered by RecommerceIQ to the Customer as described in the Contract.
  • User Account: An account associated with a unique username and password, enabling End Users to access and use the Platform as per the Agreement.

Platform and Services

RecommerceIQ (or its licensors) holds all rights, including Intellectual Property Rights, in the Platform and any other materials provided under the Agreement.

RecommerceIQ grants the Customer and its End Users a limited, non-exclusive, non-transferable right to access and use the Platform during the Agreement term, in accordance with the Agreement. Access to the Platform must occur via the URL designated by RecommerceIQ, and only valid User Accounts granted by RecommerceIQ may be used.

RecommerceIQ will maintain and provide the Platform to the Customer and its End Users as per the Agreement. In case of Platform errors or performance issues, RecommerceIQ will make commercially reasonable efforts to address them promptly. Any availability targets or service levels mentioned regarding the Platform are subject to change and are not binding if they exclude periods of downtime or suspension as described in clause Suspension.

RecommerceIQ will perform Services described in the Contract for the Customer with reasonable skill and care. RecommerceIQ disclaims liability to anyone other than the Customer in connection with the Services. Customer must provide accurate and complete information to secure the Services and RecommerceIQ's reliance on such information is assumed.

The Platform may contain free and open-source software components.

RecommerceIQ may host the Platform in locations where RecommerceIQ or RecommerceIQ Subcontractors have facilities, unless otherwise agreed in the Contract.

If the Customer provides feedback to RecommerceIQ regarding the Platform, RecommerceIQ is granted a worldwide, non-exclusive, royalty-free license to use the feedback for any purpose. Such feedback is provided as-is without warranty.

Customer Responsibilities

End Users:

  • The Customer is responsible for its and its End Users' use of the Platform, ensuring compliance with the Agreement.
  • Only authorized End Users should access the Platform.
  • The Customer must promptly inform RecommerceIQ if changes to End Users' access or unauthorized Platform use are discovered.

The Customer and End Users must not:

  • Infringe RecommerceIQ's or its licensor's Intellectual Property Rights.
  • Attempt to decompile, disassemble, reverse engineer, or decrypt the Platform unless mandated by mandatory laws.
  • Use the Platform to provide services to third parties or allow third parties access to the Platform without prior written agreement with RecommerceIQ.
  • Integrate or interoperate the Platform with other software, hardware, or data without necessary permits, consents, or licenses.
  • Duplicate, modify, or create derivative works from the Platform without RecommerceIQ's written consent.

The Customer must have the necessary rights to provide Customer Materials and grant the rights and licenses to RecommerceIQ under the Agreement.


Both parties agree to use the other party's Confidential Information solely for Agreement-related purposes and not disclose it, unless required by applicable law. RecommerceIQ may share Confidential Information with RecommerceIQ Subcontractors and others involved in Agreement performance, subject to confidentiality obligations.

Upon the disclosing party's request, the receiving party must delete or destroy documents and materials containing Confidential Information.

RecommerceIQ may use information obtained from Customer's Platform use for marketing and service improvement purposes.

Data Protection

Both parties shall comply with data protection obligations under applicable laws in connection with their Agreement obligations.


To the fullest extent permitted by law, neither party is liable for data loss, loss of profits, goodwill, business opportunities, anticipated savings, indirect or consequential damages, and more.

Liability for Platform-related claims is limited to fees paid by the Customer in the preceding two (2) months.

RecommerceIQ is not responsible for delays or losses resulting from Customer or third-party non-cooperation or Agreement breaches.

Customer shall defend and indemnify RecommerceIQ and RecommerceIQ Subcontractors against third-party claims arising from Platform use or Agreement breaches.


RecommerceIQ warrants that the Platform, when accessed and used as per the Agreement, will function materially as described on RecommerceIQ.com and any relevant shared documentation. However, RecommerceIQ does not guarantee error-free, defect-free, secure, continuous, or uninterrupted Platform operation, regulatory compliance, or suitability for Customer's needs.

The Customer is responsible for verifying data accuracy and promptly notifying RecommerceIQ of discrepancies.


RecommerceIQ may suspend Platform use or access for maintenance, service changes, security reasons, potential adverse impact on others, suspected unauthorized access, legal compliance, awareness of Intellectual Property Rights Claims, third-party issues, misuse, or Agreement breaches. Suspension duration is kept to a minimum.

Term and Termination

The Agreement begins on the Contract date and continues until terminated according to clause Term and Termination or whatever is agreed in a Contract.

The Customer can terminate the Agreement as specified in the Contract. Non-use of the Platform does not constitute termination or release from agreed fees.

Either party can terminate for material Agreement breaches, non-payment, insolvency, or inability to pay debts.

Upon termination, the Customer must pay fees owed, cease Platform use, and RecommerceIQ may disable access and use. RecommerceIQ may dispose of Customer content or data in its possession, subject to applicable law.

Clauses Confidentiality, Liability, Warranty and Validity remain in effect after termination.

Changes to the Terms

Force Majeure events are not considered Agreement breaches, as long as reasonable efforts are made to mitigate them.

RecommerceIQ may use Subcontractors and assign or delegate rights or obligations under the Agreement.

RecommerceIQ may refer to the Customer for marketing purposes while safeguarding Confidential Information.

Governing Law and Jurisdiction

The Agreement is governed by Italian law, excluding conflicts of law rules.

Disputes are subject to arbitration under the rules agreed in the Contract.

Arbitration proceedings are confidential, and awards are final and binding.


These Terms are effective from March 1st, 2023, replacing all prior versions.