General terms and conditions of service - Mediasender Inbox

Last updated: 22 June 2026

1. Subject Matter

1.1 These General Terms and Conditions of Service (hereinafter also referred to as the “General Terms and Conditions”) govern the terms and conditions under which Xdevel S.r.l. (Tax Code and VAT No. 03578880837), having its registered office in Taormina (ME), Via Francavilla No. 8F, 98039, certified email address (PEC): xdevelsrl@pec.it (hereinafter also referred to as the “Provider” or “Xdevel”), owner of the EarOne platform and trademark, provides recipients of Mediasender digital cards (such as radio broadcasters, television broadcasters, operators in the music industry, as well as other entities interested in content distributed through the platform who are registered and hold an active account, hereinafter the “Recipients”) with the service called “Mediasender Inbox” (hereinafter the “Service”), a platform that allows, through a centralized consultation panel, access to all digital cards and related content, listening to and downloading tracks (in MP3 or WAV format), consulting promotional materials (hereinafter the “Content”) and, more generally, organizing and managing content in a centralized manner.

1.2 The Service is provided by the Provider through electronic networks, telecommunication networks and websites, with the technical features and economic conditions specified in the commercial offer and summarized in the Service activation confirmation emails (hereinafter the “Activation Communications”), which constitute the entire contractual framework governing the relationship between the Recipient and Xdevel with respect to the Service.

2. Preliminary checks

2.1 Activation of the Service is expressly subject to the prior verification of the eligibility of applicants, through the collection and examination by Xdevel of publicly available information relating to such applicants (including, by way of example and not limitation, the regular holding of SIAE and/or SCF licenses).

2.2 In order to carry out the aforementioned verification procedure, interested parties shall access the Service webpage (https://mediasender.it/en/mediasender-inbox/) and complete the relevant data collection form. The applicant undertakes to provide truthful, complete and up-to-date information. Upon completion of the form and submission of the requested data, the Provider shall commence the verification procedure.

2.3 If the verification procedure is successful, the Provider shall send the applicant an email confirming eligibility for the Service, including a link to the online store through which the Service may be purchased. If the verification procedure is unsuccessful, the Provider shall send the applicant either a request for additional information or a notice regarding the negative outcome of the verification process and the consequent ineligibility to use the Service.

2.4 It is expressly understood between the parties that the assessment of the applicant’s eligibility to use the Service shall be subject solely to the Provider’s exclusive and unquestionable discretion. Accordingly, the applicant shall not raise any objection, claim or challenge in this regard.

3. Conclusion of the Agreement – Activation and Nature of the Service

3.1 Subject to the successful completion of the verification procedure referred to in Article 2 above, the agreement with the Recipient shall be deemed concluded upon receipt by the Provider of the Service activation request duly completed and submitted by the Recipient, together with payment of the applicable Service fee. Alternatively, the agreement shall be deemed concluded upon the Recipient’s acceptance of a specific quotation issued by the Provider for the use of the Service, unless otherwise provided herein. The Provider shall supply the Service solely in accordance with and within the limits set out in these General Terms and Conditions, excluding any warranty not expressly provided herein.

3.2 During the purchase procedure and in order to activate the Service, the Recipient shall first review and accept these General Terms and Conditions, the Rules for Use of the Service and the Privacy Policy by selecting the appropriate acceptance fields according to the procedures indicated therein. In any event, the Recipient expressly acknowledges that submitting an order, accepting a quotation or paying the Service fee shall constitute full acceptance of the Terms of Service, the Rules for Use of the Service and the Privacy Policy.

3.3 Upon receipt of the Service activation request, the Provider shall send to the email address indicated by the Recipient the Activation Communications, including these General Terms and Conditions, a summary of the offer, the applicable fees, payment methods, Service duration and expiration date, together with the Account credentials required to access the Service. Where the agreement is concluded through acceptance of a quotation, the Provider shall send the Activation Communications to the email address indicated by the Recipient, including the Account details and the invoice relating to payment of the Service fee.

3.4 Upon subscribing to the Service, the Recipient, if not already holding one, shall create a personal account (the “Account”) by following the procedure described in the Service activation email sent by Xdevel after verification of the information provided through the data collection form. The Recipient undertakes to provide all information requested by Xdevel, which must be truthful, accurate, complete and up to date. It is expressly understood that the Service is reserved exclusively for subjects deemed eligible by Xdevel following the verification procedure referred to in Article 2. Should the Service be subscribed to by ineligible subjects, through incomplete, inaccurate or false information, through information different from that provided in the data collection form, or by subjects who failed to complete the data collection form and thereby prevented the preliminary verification process, Xdevel may adopt the measures provided for under Article 13.1.

3.5 The Recipient expressly acknowledges that the Service has been designed by the Provider to be used independently and autonomously by the Recipient and consists solely of a consultation panel for digital cards received from senders and for managing their related content.

4. Receipt of digital cards – Communication of the recipient’s email address to senders

4.1 The Recipient expressly acknowledges that, in order to receive digital cards and related Content from senders, the Recipient’s email address must be included in the senders’ mailing lists, which are managed solely and exclusively by the senders themselves. Mediasender Inbox is exclusively a centralized consultation tool for digital cards received by the Recipient. It is understood that access to Mediasender Inbox has no effect on the receipt of digital cards. The Recipient will continue receiving digital cards in their email inbox even without an active account or access to the platform, provided that their email address is included in the senders’ mailing lists.

4.2 By accepting these General Terms and Conditions, the Recipient expressly authorizes the Provider to use the email address provided by the Recipient within the scope of the digital delivery service and, consequently, to communicate such email address to senders using the Mediasender platform exclusively for purposes related to the distribution of digital cards and their related Content. Such communication is intended solely to allow senders to evaluate whether to include the Recipient in their mailing lists.

4.3 The above authorization to communicate the Recipient’s email address shall not automatically result in the Recipient receiving digital cards or related Content from senders registered on the platform. The Recipient may decide, at their sole and unquestionable discretion, from which senders to receive digital cards by providing explicit consent through the dedicated functionality made available by the platform, in compliance with applicable data protection laws.

5. Fees – Payment terms and methods

5.1 The fee payable by the Recipient for the use of the Service shall be that indicated in the Activation Communications.

5.2 The Recipient acknowledges and agrees that payment for the Service shall be made at the Provider’s registered office by bank transfer or PayPal using the payment details communicated by Xdevel. The Recipient may at any time associate new payment methods and modify payment information through the Account management panel. Unless otherwise agreed, upon receipt of payment Xdevel shall issue the corresponding invoice, which shall be sent electronically, including by certified email where applicable.

5.3 In the event of failure by the Recipient to pay the amounts due by the agreed deadlines, the Provider shall have the right to suspend the Service pursuant to Article 1460 of the Italian Civil Code. Without the need for formal notice of default, the Recipient shall remain liable for payment of overdue amounts, together with default interest calculated pursuant to Legislative Decree No. 231 of 9 October 2002, without prejudice to Xdevel’s right to recover any additional damages suffered.

6. Term, renewals and cancellation

6.1 The duration of the Service and its expiration date shall be those specified in the Activation Communications sent by the Provider to the Recipient.

6.2 Unless otherwise specified, the Service shall be automatically renewed upon expiration (as indicated in the Activation Communications) for a period of equal duration through the automatic charging of the applicable fee to the last credit card provided by the Recipient, according to the economic conditions in force at the time of renewal.

6.3 Where the Service includes automatic renewal, the Recipient hereby authorizes Xdevel to periodically charge the applicable Service fee and agrees that the credit card details provided may be associated with the Recipient’s Account for the management of future payments, unless expressly modified by the Recipient in accordance with Article 5.2 above.

6.4 Should the Recipient not intend to renew the subscription, notice of cancellation must be provided to Xdevel at least fifteen (15) days prior to the renewal date by sending an email to accounting@xdevel.com or by disabling automatic renewal through the Account management panel. Failure to provide timely cancellation shall result in automatic renewal of the Service for an equivalent period. Any amount paid upon renewal shall not be refundable.

6.5 It is expressly understood that renewal of the Service is subject to the Recipient being up to date with all previous payments. Should it not be possible, for any reason, to charge the applicable fee to the payment instrument provided by the Recipient at the time of renewal, the Recipient hereby authorizes Xdevel to use any alternative payment methods associated with the Account. If payment cannot be successfully processed through any available payment method, access to the Service shall be suspended until full payment of the outstanding amount has been received.

6.6 The Recipient may request deletion of their Account at any time by sending a communication to accounting@xdevel.com, resulting in deactivation of the Service. In such event, the Recipient shall no longer be able to access the Service or any Content stored therein, which shall be retained by Xdevel pursuant to Article 14 below. The Recipient acknowledges that deletion of the Account shall not entitle them to any refund of fees already paid for the unused portion of the Service period.

7. Use of the Service – Warranties, obligations and liability of the recipient

7.1 The Service is accessed by the Recipient through the Mediasender website located at https://www.mediasender.it and by entering the credentials associated with the Recipient’s personal account (username and password) (the “Credentials”).

7.2 The Recipient undertakes to use the Service with the utmost diligence and in accordance with these General Terms and Conditions, refraining from any unlawful use and from violating any applicable national, European Union or international laws and regulations.

7.3 The Recipient acknowledges that Xdevel may collect and process data and information relating to:
– views of digital cards and related Content;
– listening activities concerning tracks distributed through digital cards;
– Content download activities performed by Recipients;
– interactions between Recipients and Content received through digital cards;

7.4 The Recipient represents and warrants that:

a) the Credentials used to access the Service are strictly personal and shall not be disclosed or shared with third parties;
b) the Recipient is solely and exclusively responsible for all activities carried out through their Account and through the Service, including where activation has been requested on behalf of third parties with their authorization;
c) the Recipient uses the Service entirely at their own responsibility;
d) all data and information provided during the Service activation process and for the purposes of the eligibility verification procedure are truthful, accurate, complete and up to date. The Recipient further undertakes, upon simple request by Xdevel, to provide any additional information, clarifications or documentation reasonably required to verify eligibility for the Service. Failure to cooperate, refusal to provide requested information or inability to complete the verification process for reasons attributable to the Recipient may result in the measures provided for in Article 13.1;
e) where required by applicable law in relation to the activity carried out, the Recipient holds all authorizations, licenses and permits necessary for the lawful public use of musical works and copyright-protected content, including, by way of example and without limitation, SIAE and/or SCF licenses.

The Recipient assumes full responsibility for the use of Content received through the Service and guarantees that such use shall comply with all applicable laws and regulations.

7.5 The Recipient undertakes to:

keep the Credentials strictly confidential and refrain from transferring them to third parties, being fully responsible for their safekeeping, and promptly notify EarOne in writing of any unauthorized use of the Credentials and/or the Service, including theft, loss or misappropriation thereof;
refrain from creating situations of risk, instability or technical issues through programming activities or methods of use that may adversely affect the quality of the Service provided to themselves, other recipients, Xdevel or third parties;
refrain from uploading or causing third parties to upload content that:
1. is harmful (including malware, viruses or potentially harmful software);
2. violates or may violate privacy rights, copyright or intellectual property rights;
3. is defamatory, pornographic, blasphemous, offensive or incites racial hatred;
4. may otherwise damage, impair or negatively affect Xdevel’s activities or reputation;
5. contains unsolicited or unauthorized advertising, promotional material or spam;
refrain from modifying Content, redistributing Content, performing mass downloads of Content or engaging in web scraping activities relating to Content;
perform, upon simple request by Xdevel, any acts, formalities, declarations or provide any documentation deemed necessary or appropriate by Xdevel for compliance with these General Terms and Conditions;
refrain from using, distributing, publicly communicating, transmitting or otherwise disclosing musical works and copyright-protected content received through the Service unless duly authorized through the licenses, permits and authorizations required by applicable law, including SIAE and/or SCF licenses where applicable.

In the absence of such authorizations, use of the Service shall be strictly limited to private consultation of the Content made available through the Service.

7.6 The Provider reserves the right, at its sole discretion and without prior notice, to suspend or revoke the Recipient’s access to the Service in the event of violation of any obligation under Article 7.5, failure of any warranty under Article 7.4, or any improper use of the Service
The Recipient acknowledges and agrees that no refund, indemnity or compensation shall be due in relation to such suspension or revocation.
The Recipient shall remain fully liable for any such violations and undertakes to indemnify and hold Xdevel harmless against any resulting damages or adverse consequences.

7.7 The Recipient expressly acknowledges that Xdevel shall not be held liable, directly or indirectly, for any civil, criminal or administrative offenses committed by the Recipient through use of the Service or their Account.

7.8 The Recipient acknowledges that Xdevel merely provides a collection and consultation service for digital cards sent by senders and for the Content contained therein, without carrying out any prior review or control of such Content. Accordingly, senders are solely responsible for all Content inserted, distributed or transmitted through digital cards. Xdevel shall therefore not be liable, directly or indirectly, for any civil, criminal or administrative violations committed by senders through the transmission of digital cards or the Content contained therein.

7.9 The Recipient acknowledges and agrees that the Content made available through the Service may be used exclusively for professional purposes and for listening, editorial evaluation and radio or television programming activities. Accordingly, the Recipient may not redistribute, sell, transmit to third parties or otherwise use such Content for purposes other than those expressly permitted without the prior authorization of the relevant rights holders.

8. Third-Party claims and indemnification

8.1 The Provider shall have the right to suspend or interrupt, without prior notice, the Recipient’s access to the Service and performance of the obligations arising under these General Terms and Conditions whenever third parties raise claims, complaints, disputes or commence judicial or extrajudicial proceedings, without prejudice to Xdevel’s right to full compensation for any damages suffered.

8.2 IThe Recipient undertakes to indemnify, defend and hold harmless Xdevel from and against any claim, action, demand, proceeding, liability, cost or expense of any nature brought by third parties in connection with:

use of the Service;
the Content;
any inaccuracy of the warranties provided by the Recipient;
any breach of obligations undertaken by the Recipient under these General Terms and Conditions.

Accordingly, the Recipient shall reimburse Xdevel for all amounts incurred as a result of claims, disputes, proceedings or settlements involving third parties, including legal fees and any sums paid pursuant to court decisions, arbitration awards or settlement agreements.

9. Limitation of liability of the provider

9.1 The Recipient expressly acknowledges that Xdevel shall not be responsible for any unavailability, malfunction, interruption or failure to update the Service, whether partial or temporary, nor for any inability or difficulty in accessing or using the Service arising from:

improper use of the Service by the Recipient;
malfunction of hardware or software used by the Recipient;
incompatibility between the Service infrastructure and the Recipient’s hardware or software;
faults, malfunctions or causes attributable to the Recipient, its personnel or persons acting on its behalf;
absence or inadequacy of the Recipient’s internet connection;
inability to connect to the servers used for provision of the Service due to network filters, firewalls or antivirus systems;
use of the Service through user accounts lacking adequate permissions or privileges;
force majeure events, including power failures and interruptions of telecommunication, IT or internet services;
events attributable to third parties, including interruptions or malfunctions of telecommunications services, electrical services or maintenance activities relating to servers used to operate www.mediasender.it;
malfunctions affecting third-party systems used by Xdevel to provide services necessary for operation of Mediasender Inbox, including delivery of digital cards.

9.2 The Recipient agrees that Xdevel shall not be liable for:

(i) acts or omissions by the Recipient in breach of these General Terms and Conditions;
(ii) malfunctions caused by defects in the Recipient’s equipment required to access the Service;
(iii) malfunctions resulting from improper use of the Service or incorrect access procedures adopted by the Recipient.

The Recipient acknowledges that the Service may be suspended, cancelled or transferred upon request of the competent authorities.

10. Additional provisions relating to the Service

10.1 By subscribing to the Service, the Provider grants the Recipient the right to access and use Mediasender Inbox through the technological infrastructure made available via www.mediasender.it, exclusively within the limits and under the conditions set forth in these General Terms and Conditions. Access to the Service does not grant any ownership right or software license in relation to the components of the Service.

10.2 Xdevel is the sole and exclusive owner of the Service and of all software components forming part thereof, and retains exclusive ownership of all related intellectual and industrial property rights, as well as all rights to use any third-party components incorporated into the Service infrastructure. Under this license, the Recipient acquires no ownership rights in relation to the infrastructure, but only the limited right to access and use the Service in accordance with these General Terms and Conditions.

10.3 Accordingly, the Recipient shall not:

sublicense, lease, rent, lend or otherwise make the infrastructure available to third parties, whether for consideration or free of charge, even on a temporary basis;
transfer, distribute, resell or share the infrastructure with third parties;
otherwise make the infrastructure available to third parties in any form, whether for consideration or free of charge;
disclose the Credentials required to access the infrastructure and the Service to third parties;
create products derived from or based upon the infrastructure or any part thereof;
modify, adapt, manipulate, decode, decompile, disassemble, convert or translate the infrastructure, or perform any activity aimed at identifying its source code;
access, tamper with or use non-public areas of the Service or of the IT systems of Xdevel or its suppliers;
attempt to probe, scan or test the vulnerability of the Service or any connected system or network, or attempt to breach any security or authentication measures.

10.4 The Provider reserves the right to temporarily suspend and/or permanently discontinue the Service at any time due to technical or legal reasons that make such suspension or termination necessary. Where reasonably possible, the Provider shall provide prior notice to the Recipient. In such cases, Xdevel shall refund the portion of the fee corresponding to the period during which the Service could not be used up to its scheduled expiration date, excluding any further compensation, indemnity or damages.

11. Intellectual and industrial property rights

11.1 Xdevel and/or its licensors are the exclusive owners of all intellectual property rights, industrial property rights and economic exploitation rights relating to the Service, including inventions, software, documentation, studies, texts, programs and any other materials conceived, developed or created in connection with the Service. “EarOne” and “Mediasender” are trademarks exclusively owned by Xdevel.

11.2 The Recipient is granted only a limited, personal and non-transferable right to use the Service. Accordingly, the Recipient may not allow third parties or the general public to access the Service, in whole or in part, whether for consideration or free of charge, even temporarily.

11.3 The Recipient may not market, commercialize, distribute or otherwise exploit the Service, in whole or in part, in any form and for any purpose.

11.4 The Recipient may not use the Service for purposes other than those expressly permitted under these General Terms and Conditions. In particular, the Recipient may not create, distribute or commercialize products or services based on the Service without the Provider’s prior authorization.

12. Tutorials and support services

Any tutorials, technical support services or help desk services made available by Xdevel are provided solely to assist the Recipient in using the Service and shall not create any additional obligations or warranties beyond those expressly set forth in these General Terms and Conditions.

13. Obligations regarding data communication and confidentiality

13.1 The Recipient acknowledges and agrees that activation of the Service requires the provision and processing of personal data. The Recipient warrants that all information, data and documentation supplied for:

activation of the Service;
completion of the preliminary verification procedure under Article 2;
conclusion of the agreement;
performance of the contractual relationship;

are truthful, accurate, complete and up to date. The Recipient further undertakes to provide, upon request, any additional information, clarification or documentation required by Xdevel to verify eligibility for the Service and continued compliance with the requirements necessary for its use. Should the Recipient fail to provide satisfactory proof of the accuracy of the information supplied, fail to provide requested information or documentation, hinder verification activities or fail to comply with Articles 7.4 and 7.5, Xdevel reserves the right to:

reject the registration request;
temporarily or permanently suspend the Service and/or the Account;
request supplementary documentation or clarification;
terminate the agreement.

13.2 The Recipient warrants that all employees, consultants and persons acting on its behalf shall comply with these General Terms and Conditions, including the prohibition on allowing third parties to use the Service.

13.3 Should the Recipient become aware of any unauthorized or non-compliant use of the Service by such persons, the Recipient shall immediately prevent such use and promptly notify Xdevel.

14. Termination of the Service

14.1 In any event of cancellation or termination of the Service, including cases referred to in Article 7.6, the Recipient shall immediately cease all use of the Service. Access to the Service shall be disabled by Xdevel without any need for further notice.

14.2 Upon termination of the Service, for any reason whatsoever, any data and content not deleted by the Recipient or transferred elsewhere and still stored on Xdevel’s servers shall be retained for no longer than ninety (90) days from the termination date. Upon expiration of such period, the data shall be permanently deleted and shall no longer be recoverable.

15. Express termination clause

15.1 The Provider may terminate these General Terms and Conditions pursuant to Article 1456 of the Italian Civil Code in the event of:

breach by the Recipient of any obligations set forth in: Article 5 (Fees and Payment Terms);
Article 6 (Term, Renewals and Cancellation);
Article 7 (Use of the Service);
Article 8 (Indemnification);
Article 10 (Additional Service Provisions);
Article 11 (Intellectual Property Rights);
Article 13 (Data Communication and Confidentiality);
force majeure events;
insolvency, bankruptcy or any other insolvency or enforcement proceedings involving the Recipient.

15.2 Termination shall not affect Xdevel’s right to receive payment of accrued fees or to seek compensation for damages suffered.

16. Reference visibility of the user

16.1 By accepting these General Terms and Conditions and activating the Service, the Recipient grants the Company a non-exclusive, royalty-free authorization, valid for the entire duration of the contractual relationship, to use the Recipient’s logo, trademark and corporate or commercial name (collectively, the “Distinctive Signs”) for the purpose of:

displaying the Recipient’s Distinctive Signs on the Provider’s corporate website;
reproducing the Distinctive Signs in presentations, press releases, brochures, commercial presentations and digital or printed materials relating to the Company’s services and activities;
mentioning the Recipient’s name in the Company’s marketing and institutional communication activities, including through official social media channels.

16.2 The Company reserves the right, at its sole discretion, to decide whether or not to use the Recipient’s Distinctive Signs without any obligation to publish or display them.

16.3 The Recipient warrants that it owns or is duly authorized to use the Distinctive Signs and undertakes to indemnify and hold harmless the Company against any third-party claim arising from their use within the limits of this Article.

16.4 The authorization granted under this Article shall automatically terminate upon termination of the contractual relationship for any reason. Within thirty (30) days of termination, the Company shall remove the Distinctive Signs from its website or platform, except for materials already distributed to third parties or published on non-editable media.

16.5 The Recipient may revoke the authorization granted under this Article at any time by written notice to the Company pursuant to Article 18 below.

17. Amendments

17.1 IThe Provider reserves the right to amend these General Terms and Conditions at any time in order to:

comply with legal or regulatory changes;
adapt the Service to changes in delivery methods;
comply with requirements imposed by suppliers, partners or third parties;
address operational needs related to management of the contractual relationship.

17.2 The Provider shall notify the Recipient of any amendments at least thirty (30) days before they take effect.

17.3 These General Terms and Conditions supersede and replace any previous oral or written agreement between the Recipient and Xdevel relating to the Service.

18. Communications

18.1 The Recipient shall send all communications required under these General Terms and Conditions to: Xdevel S.r.l. Via Francavilla No. 8/F, 98039 Taormina (ME), Italy PEC: xdevelsrl@pec.it

18.2 Any communication sent by Xdevel to the contact details provided by the Recipient when subscribing to the Service shall be deemed valid and effective. Such contact details shall constitute the Recipient’s elected address for all communications, including judicial notices.

18.3 The parties shall communicate any change of registered office or address by registered mail, certified email (PEC) or, with respect to Xdevel, by ordinary email to accounting@xdevel.com. Any change of address not communicated by the Recipient shall not be enforceable against Xdevel.

19. Governing law and jurisdiction

19.1 These General Terms and Conditions and each provision contained herein shall be governed by Italian law. For matters not expressly regulated herein, the parties expressly refer to the applicable provisions of Italian law.

19.2 The parties agree that any dispute relating to the interpretation, performance or termination of these General Terms and Conditions, including disputes involving third parties, shall be subject to the exclusive jurisdiction of the Court of Catania, Italy.

20. Privacy

With regard to the processing of personal data relating to the Recipient for invoicing, administrative purposes, management of the contractual relationship, protection of Xdevel’s legitimate interests and compliance with legal obligations, as well as with regard to personal data processed in connection with certain Services, Xdevel shall act as Data Controller. Further information regarding the processing of personal data is available in the Privacy Policy accessible at: https://www.xdevel.com/en/privacy-policy/

General terms and conditions of service – Mediasender Inbox