Terms and Conditions Topper System SEO

This document contains the general terms and conditions on the basis of which Users are offered the use of the Plugin for WordPress Topper System SEO which offers the possibility of optimizing the performance of web pages for mobile and desktop devices: it improves the performance of a site increasing the loading speed and acting exponentially in terms of visibility on the main search engines as well as providing cache support, anti-spam and an integrated application capable of calculating the percentage of CO2 reduction after the optimization of the page performed with the Plugin. To download and activate the Plugin you need to register and create an APIKey. Simple, fast, customizable and intuitive to use. It is possible to close a User account as established in Sections 13 and 14.

1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

- Owner: Andrea Bagordo, via dei Pilastri 26, 50121 Firenze - Italia, BGRNDR80D17D612P, PEC address  
- Application: the website and the Topper System SEO Plugin
- Contents: textual and iconographic information shown by the Application
- Plugin: software, an integral part of the Application, owned by the Owner, downloadable and installable on the website developed with the WordPress CMS
- APIKey: unique password generated by the Application essential to use the Plugin functions
- User: any person who accesses and uses the Application
- Conditions: this contract which governs the relationship between the Owner and the Users.

2. Detailed information on the offer of the Application

The Application gives the user the possibility:
- to optimize the pages of the website according to the main specifications dictated by the main search engines
- to automatically optimize the images so that they are suitable for all display devices
- to activate and deactivate integrated cache management support to increase page loading speed
- to activate, deactivate and customize an integrated compatible anti-spam protection support to prevent robots from wasting webserver resources and have better performance
- to activate, deactivate and customize a public function that allows you to calculate for each page optimized with the Plugin how much the size has been reduced in percentage.

The Plugin uses a nosql db so as not to risk compromising the WordPress CMS in any way

The Application provides Users with four distinct services that can be combined with each other.
Services that act as a support for cache, anti-spam and optimized page size calculation are expected to be free.
The service for optimizing the source codes of the public pages of the website is subject to a fee through two possible methods chosen by the User:

1. annual subscription
The subscription of the one-year subscription allows you to take advantage of the public web page optimization service without any limit for the entire duration of the contract.

2. Pay per Click (credit acquisition)
The Pay per Click mode allows the User to acquire credit packages that will be scaled at each request for optimization of the public web pages and enables those who use it to optimize the page for any modification.

The public web pages optimized through the use of the Plugin will have to be optimized again with every single modification

Once the terms of the annual subscription have expired or the credits obtained through the acquisition of the packages have been exhausted, the user can reactivate the public web page optimization service by logging into his account on the Application platform, always maintaining autonomy of choice between the two. present modes.

When the User registers a new site, from the moment the ApiKey is displayed for the next 30 days, all the services provided by the Application are free, without limits of use and without having to register any credit card. At the end of the 30-day period, the User will be able to purchase a plan in order to continue to optimize new pages and keep the previously optimized ones updated.

3. Scope of the Conditions

The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.

The Conditions can be changed at any time. Any changes will be effective from the time of their publication on the Application.

Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference.

The Owner reserves the right to change at its discretion, at any time, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, by communicating to the User , where necessary, the relative instructions.

4. Requirements

The Plugin can be installed on websites developed on the WordPress CMS and is compatible with PHP versions up to 8.X.

5. Information on safety and correct use of the Application

- The Plugin is realized using the programming languages ​​Php and Javascript.
- The Plugin uses a nosql db made up of light text files suitably protected.
- The Plugin is a scalable system and can virtually support the highest workloads.
- The Plugin has a very low impact on the server CPU workload.
- When generating an APIKey, the Application will make it viewable only once. It is therefore advisable to note it in a safe place so that it can be reused if the User, for any reason, needs to remove the Plugin from his website and then reinstall it again.

The Application is equipped with a system of control and verification of the functions in order to make its use simple, understandable and immediate.
The guide for the correct use of the Plugin is available in Italian and English at the following address: https://www.toppersystem.com/apicenter/guide.php?lang=it (Italian version), https: //www.toppersystem .com / apicenter / guide.php? lang = en (English version)

6. Registration

By registering with the Totolare Application, the User declares and guarantees that the information he provides to the Owner in relation to any registration process is true and accurate and that he will promptly inform the Owner if any of such information changes. The Data Controller may use the information provided during the registration process, in particular the e-mail address: (a) to communicate with the User about the Application, including, by way of example, any changes to the Privacy Policy of the Owner or other policies; (b) respond to the e-mails you send us about the services of the Application; and (c) for all other purposes indicated in the Data Controller's Privacy Policy. The Owner reserves the right to interrupt the access and use of all connected APIKey if false or inaccurate information is provided. When the user obtains an APIKey, he is responsible for maintaining the security of the APIKey provided and is fully responsible for all activities occurring under the account and for any other action taken in relation to the APIKey received, as well as for credentials access to the Application website. The user must immediately notify the Owner of any unauthorized use of the APIKey (s) received, of his account or of any other breach of security. The Owner will not be responsible for any acts or omissions on the part of the User, including any damage of any kind suffered as a result of such acts or omissions. The User agrees not to share or misuse the login credentials and the APIKey generated.

7. How to download the Plugin

To download the Plugin, the User must access, after registering, in the private area of ​​the Application at the following address: https://www.toppersystem.com/apicenter/

8. User Obligations

The User is required, before registering for the Application, creating one or more APIkeys, downloading and installing the Plugin and submitting their purchase order, to carefully read these Conditions. The registration to the Application, as well as the creation of an APIKey, as well as the download and installation of the Plugin, as well as the forwarding of the purchase order implies their full knowledge and acceptance. Finally, once the online purchase procedure has been completed, the User is required to print and keep these general conditions of sale, already viewed and accepted during the conclusion of the contract.

9. Definition of the Order

By sending the online order, the User sends the Owner a purchase proposal for the selected top-up plan. When the User places an online order for the plan he has selected, he agrees to purchase it at the price shown and under the terms indicated in these Conditions.

The Owner will communicate to the User the acceptance and confirmation of the order.

10. Methods of purchase

The User purchases credits or a subscription plan, the characteristics of which are illustrated online in the relevant descriptive cards, at the price indicated therein on the site. Before submitting the purchase order, the unit cost of the chosen plan is summarized. Once the purchase order has been sent and paid, the User will receive an e-mail message from the Owner certifying that the purchase order has been received and containing information relating to the main characteristics of the purchased plan, a detailed indication of the price. , of the means of payment and containing a reference to the general conditions of the contract and to the information about the existence of the right of withdrawal, under the conditions and methods indicated in this contract. Following the approval of the Law Decree no. 223 "maneuver bis" Art. 37 paragraphs 8 and 9, converted with Law 248 of 4 August 2006, which came into force on 12 August 2006, which reinstates the obligation to communicate the list of customers and suppliers in the event of invoice issue, and of Law Decree 78 of May 31, 2010 converted into Law 122 of July 30, 2010, requires Users to communicate VAT NUMBER and TAX CODE in the appropriate fields in the Application even in the case of commercial relationships between Users and third parties.

11. Payment

The User can make the payment due by choosing one of the following methods listed.

Payment by credit card: In the event that the User intends to pay by credit card, he can use the payment procedure with PayPal, suitable for ensuring the confidentiality of the data provided by the Users. For any information and further Legal Agreements, the User is referred to the website www.paypal.com.

Payment by bank transfer: Payment by bank transfer can be made using the following details:

- IBAN IT 43 Q 05387 02802 000003219779
- Header: Andrea Bagordo
- Random: the random expressed with a unique code of the purchase order will be indicated during the payment phase by the Application

In the event that the payment is made by bank transfer, the credits or the subscription plan purchased will be credited in the manner described in the following paragraph "Crediting of Credits or Subscription Plan", to the User's account, then on average within two / five days after the transfer has been made (times vary depending on the credit institution used). To facilitate the process, the User can send the payment receipt together with the order number by e-mail to:  

If a payment is made either by credit card or by bank transfer whose data does not correspond to the User, it reserves the right to verify the good faith of the transaction by requesting from the User elements proving the authorization of the payment. If the requested elements do not meet the good faith requirements of the payment, the User's account will be suspended and with it all the APIKey connected to it.

12. Credit Credits or Subscription Plan

Credits or subscription plans purchased, together with the related invoice, are added to the User's specified account when ordering online and upon receipt of payment. In the event of non-crediting, the User is required to contact the Data Controller by e-mail at:  . In this case, the User must communicate the unique code of the order that appears during the purchase phase.

13. Right of Withdrawal and Refund

In any case, the User has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the last credit or subscription plan. purchased (in the case of a refund request). In the event that the request for the exercise of the right of withdrawal does not provide for the request for reimbursement, the methods of communication remain unchanged and can be forwarded at any time.

If the User decides to exercise the right of withdrawal, he must notify the Data Controller by registered letter with return receipt to the address: via dei Pilastri 26, 50121 Firenze - Italia or by e-mail to the   e-mail, provided that such communications are confirmed by sending by registered letter with return receipt to the via dei Pilastri 26, 50121 Firenze - Italia address within the following 48 (forty-eight) hours or by certified e-mail to the   e-mail address.

For the purposes of exercising the right of withdrawal, the credits purchased or linked to the subscription plans purchased from any site cannot be used to be entitled to a refund. Furthermore, the refund request must be specified in the exercise of the right of withdrawal.

The User cannot exercise the refund request for credits purchased if they are used in their entirety or in part.
The User cannot exercise the refund request for the subscription plans purchased if they have been connected to one or more sites.

The only expenses payable by the User for exercising the right of withdrawal pursuant to this article are the costs of communicating this request.

The Owner will refund the entire amount paid for the last purchase by the User free of charge within 30 (thirty) days of receipt of the notice of withdrawal and refund.

With the receipt of the communication with which the User communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article. The User's account and all the APIKeys connected to it will be suspended.

14. Methods for exercising the right of withdrawal and / or request for reimbursement

The right of withdrawal is exercised by sending, within the aforementioned term if it includes the refund request, a written communication to the Data Controller by registered letter with acknowledgment of receipt to the following address: via dei Pilastri 26, 50121 Firenze - Italia or by certified e-mail to email address  .
If the reimbursement of the credits purchased and increased to the User's account is requested, he is obliged not to use them, if the reimbursement request is for a purchased subscription plan, it must not be connected to any site. When requesting the right of withdrawal and refund of the last successful purchase, a copy of the electronic receipt of the order (unique code of the transaction) must be attached. The costs of communicating the right of withdrawal and reimbursement of the last successful order to the Owner are charged to the User. If the right of withdrawal and refund request are exercised by the User in accordance with the provisions contained in this clause, the Owner is required to reimburse the sum paid by the User during the last successful purchase order. In particular, the Data Controller will proceed free of charge to the transmission of the re-credit order relating to the cost of the last successful order within 30 (thirty) days from the date on which he became aware of the exercise of the right of withdrawal and refund request. by the User. This operation will be carried out via PayPal refund where possible or by crediting the sum to the bank account indicated by the User. The Owner has the right to reject any request for withdrawal and reimbursement made with methods other than those specified above, as well as purchase orders for which the User has not fully paid, or the methods and times have not been respected. indicated for communicating the exercise of the right of withdrawal and refund request, or in cases where the purchased credits have been used in their entirety or in part also for any other APIKey connected to the User's account, or in cases where the subscription plan object of the request is linked to one or more sites. If the User exercises only the withdrawal exercise with the aim of closing the account, it may be forwarded to the Owner at any time with the same communication methods. The account will be suspended along with all APIKeys connected to it.

15. Plugin cancellation

Deleting the Plugin from the User's site is a feature provided by the WordPress CMS. The User can cancel the plugin at any time and free of charge. The cancellation of the Plugin from the User's site involves the irreversible loss of the data contained in the Plugin, in particular of the software, of the databases including the optimizations of the web pages, of the optimizations of the images, of all the logs referring to the activities of the Plugin and the APIKey. The cancellation of the Plugin does not implicitly and explicitly imply the removal of the account from the Application. To remove your account from the Application, please refer to sections 13 and 14 of these Terms.

16. Express termination clause

In the event of total or partial non-payment of the purchase price of the annual subscription plan or of the credits, the Owner reserves the right to declare, pursuant to and for the purposes of art. 1456 of the civil code, this contract terminated by sending a written communication to the User's electronic address. The account will be suspended along with all APIKeys connected to it.

17. Complaints

For any complaint or clarification, the customer must write to the e-mail address:  

The User will be contacted for clarification within 3 (three) working days from the request.

18. Transfer of credits and subscription plans

Credits and subscription plans purchased and accumulated in the User's account cannot be transferred in any case to another registered User.

If the User requests the change of e-mail address, the credits and subscription plans purchased and accumulated, with the exception of those given away by the Owner during registration and / or during the period of activity, will be transferred only in the case in which the new e-mail does not belong to an account already registered in the Application.

19. The Plugin is made available under the GPL license

The GNU General Public License is a free copyleft license for software and other types of works. You can find the full license text here https://www.gnu.org/licenses/gpl-3.0.html.

Additional terms apply
In light of Article 7 (https://www.gnu.org/licenses/gpl-3.0.html#section7) of the GPL license, the following additional terms apply:

- You may not make any misrepresentations as to the origin of such material or request that modified versions of such material be marked in reasonable ways as different from the original version;
- You are limited in using the names of the licensees or authors of the material for advertising purposes;
- Any granting of rights under the trademark law for the use of the Owner's trade names, trademarks or service marks is refused;
- You are required to indemnify the licensors and authors of that material from anyone who transmits the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that such contractual assumptions impose directly on such licensors and authors.

20. Responsibility of visitors and users of the Application

The Owner has not examined and cannot review all the material published on the Application and therefore cannot be responsible for the content, use or effects of such material. By managing the Application, the Owner does not represent or imply that it approves the material published therein or that it believes that such material is accurate, useful or not harmful. It is your responsibility to take the necessary precautions to protect your computer and your website from viruses, worms, Trojans and other harmful or destructive content. The Owner declines all responsibility for any damage resulting from the use by visitors of the website or from any download by such visitors of content published there.
The Owner declines all responsibility for any behavior and for any content developed and published on the site of the User using the Plugin.

21. Trademarks

The Owner, Topper System SEO, toppersystem.com, the toppersystem.com logo, WordPress, WordPress.com, the WordPress.com logo and all other trademarks, service marks, graphics and logos used in connection with WordPress.com or the Application are trademarks or registered trademarks of the Owner or of the Owner's licensees. Other trademarks, service marks, graphics and logos used in connection with the Application may be third party trademarks. The use of the Application does not guarantee the right or license to reproduce or otherwise use the trademarks of the Owner or of third parties.

22. Disclaimer of Warranty

The Application is provided "as is" and "as it is available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of Users. or that it will never be interrupted or error free or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

23. Limitation of Liability

The Owner cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.

Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him.

The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment.

The Owner will not be responsible for:
- any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
In no case can the Owner be held responsible for a sum greater than double the cost paid by the User of the last successful purchase order.

24. Force majeure

The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of his will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

25. Link to third party sites

The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.

Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

26. Completeness of the contract

The terms and conditions set out in this contract constitute the entire agreement between the Owner and the User and repeal all previous communications, verbal or written, between the Owner and the User in relation to the matter governed by the same.

27. Privacy

The Data Controller pursuant to art. 13 of Legislative Decree 196/2003 informs that the personal and fiscal data acquired also verbally in reference to the commercial relationships established, provided directly by the User, or otherwise acquired in the context of the company's activity, will be processed in compliance with the law referred to, including the confidentiality obligations envisaged by them. In relation to the aforementioned, the rights referred to in Article 7 of Legislative Decree no. 196/2003.

The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the https://www.toppersystem.com/privacyandcookiepolicy.php?lang=ja page

28. Nullity

The Owner and the User expressly agree that the supervening invalidity of any clause of this contract will compromise the validity of the same in its entirety. Therefore the User's account will be disabled together with all the APIKey connected to it.

29. Primary language

For the convenience of the User and the Owner, this Agreement is drawn up in two languages: English and Italian. In the event of a dispute, the Italian text is the only one that will be valid and the only language of the proceedings will be Italian.

30. Applicable law and competent court

The Conditions are subject to Italian law.

For any dispute relating to the application, execution and interpretation of these Conditions, the court of the place where the Data Controller is located is competent.

31. Methods of acceptance of these Conditions

By executing the "Accept" flag, the User declares to have read, understood and accepts for specific approval points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31.

Date 2023/09/02