Terms and Conditions

1. Who provides the service

The service is provided under the trade name SurfCamItalia by an Italian sole proprietorship. SurfCamItalia is not a company: the contract is concluded with the holder of the business (the “Provider”). In these Terms “SurfCamItalia” and “we” refer to the Provider. Name, registered office, VAT number, REA number, PEC and contacts are in section 10, “Service provider and contacts”, and on the “Legal information” page, reachable from the bottom of every page of the website.

For support, complaints, withdrawal and requests about personal data write to info@surfcamitalia.it.

2. Definitions

• Spot: a place for surfing or other water sports presented on the website, with its webcams.
• LIVE: live viewing of the webcams.
• Replay: playback of the last 4 recorded hours of a webcam, when Replay is active for that webcam.
• Archive (shown on the site as “Archivio Mareggiate”): the hourly daytime recordings of the webcams, which can be browsed by date for the retention period stated in the Webcam notice (as a rule 45 days).
• Clip: a short video, at most 60 seconds long, that you create from Replay or Archive and that stays saved in your account.
• Plan: the type of access (free, Weekly, Premium, Premium Plus, annual on promotion or Partner agreement access), with the features indicated on the Subscriptions page at the time of purchase.
• Partner agreement: access offered through a SurfCamItalia partner (for example a school or a shop) on the terms agreed with that partner.
• Chat: the short-message space on the page of each Spot.
• Community: the social features of the service (public profiles, posts, comments, “likes”, followers, Wax Point, levels and rewards).
• Wax Point or WAX: the points of the programme described in the Wax Point rules.

3. Documents forming part of the contract

The contract consists of these Terms and, if you buy a Plan, of the Subscription terms and the Pre-contractual information shown before payment, which you can find on the “Subscription terms and withdrawal” page. The Community rules and the Wax Point rules form part of these Terms for those who use those features. The Privacy Policy, the Cookie Policy and the Webcam notice explain how we process personal data: they are information, not clauses that you accept.

• Subscription terms and withdrawal
• Community rules and reporting
• Privacy Policy
• Cookie Policy
• Legal information and Webcam notice

4. Informational nature of the service

SurfCamItalia shows real images of the Spots. It is not a forecasting, safety or rescue service and does not guarantee the presence of waves, the quality of a session or the absence of dangers. The weather and marine data shown on the website are only indicative.

The images may be delayed, blurred, backlit, obscured by the weather or not representative of the whole Spot. Every decision to go into the water, travel or go out to sea remains yours: always assess the conditions in person and follow the instructions of the authorities.

5. Account

To create an account you must be at least 14 years old. To buy a Plan you must be of legal age.

The account is personal: you may not share it or transfer your credentials. To protect it, the service recognises one authorised device per type (phone, computer, tablet, TV); a new device replaces the previous one of the same type, and too frequent replacements block the protected content for some time. Keep your password safe and tell us immediately if you suspect an access that was not yours.

You can delete your account at any time from “My account”. Deletion does not by itself cancel an ongoing subscription: first cancel the renewal (section 8), otherwise Stripe will continue to charge it.

6. Accounts transferred from the previous website

If you had an account on the previous SurfCamItalia website, we have transferred it to the new website together with your subscription, Partner agreements and saved Clips. At your first access we ask you to accept these Terms; until then you cannot use the reserved features.

Ongoing subscriptions continue on the economic terms you had subscribed to (price, duration and renewal) until they are cancelled or expire.

7. Plans, prices and payment

Features, prices, duration and renewal of each Plan are described in the Subscription terms and on the Subscriptions page at the time you buy, and form part of the contract. Prices are in euro and are final prices for the consumer.

Payment is made through Stripe. SurfCamItalia does not receive or store your full card details. Receipts are available in “My account › My payments”.

8. Renewal, cancellation and failed payments

Premium and Premium Plus renew every month at the same price until you cancel. You can cancel at any time from “My account › My payments”, at no cost: the subscription remains active until the end of the period already paid for and then does not renew.

If the payment of a renewal fails, the features of the new period remain suspended until the payment succeeds; the period already paid for is never affected. The complete rules are in the Subscription terms.

9. Right of withdrawal

If you buy as a consumer you have 14 days from the purchase to withdraw without giving any reason (arts. 52 et seq. of the Consumer Code). You can do so online with the function “Withdraw from the contract here”: you enter the requested details, press “Confirm withdrawal” and immediately receive by e-mail the acknowledgement of receipt with date and time. You can also write to us, using the withdrawal form if you wish.

How much we refund you and when withdrawal no longer applies is explained in the “Withdrawal and cancellation” section of the “Subscription terms and withdrawal” page, which also contains the form.

• Withdraw from the contract here
• Withdrawal and cancellation

10. Service provider and contacts

SurfCamItalia is the trade name under which an Italian sole proprietorship provides the service; SurfCamItalia is not a company. The holder of the business is the other party to the contract and the controller of personal data.

For support, subscriptions, complaints, withdrawal, requests about personal data and reports of content, write to info@surfcamitalia.it. For communications with legal effect use the PEC address. We answer in Italian or English.

11. Service availability, interruptions and gaps

The webcams are installed outdoors, often in exposed locations, and depend on electricity, internet connection, equipment and third-party services. For this reason LIVE, Replay, Archive and Clips may have:

• webcams temporarily offline or with degraded images, including because of weather, swells, faults, theft, vandalism or power or network outages;
• maintenance work, updates or relocation of the webcams;
• gaps in the recordings, small offsets between the time shown and the actual time, hours not recorded;
• Clips that cannot be created over an interval without recording;
• unavailability of external suppliers (hosting, storage, payments, network);
• recording intervals made not visible because a person filmed asked not to appear or because of a legal obligation.

The service flags gaps in the recordings and automatically skips the missing parts. The legal remedies for lack of conformity of digital services (arts. 135-octies et seq. of the Consumer Code) and the compensation provided for in the Subscription terms remain unaffected.

12. Use of videos and Clips

You may watch LIVE, Replay and Archive for personal use. You may download and share the Clips you create for personal and non-commercial use, for example on your social media profiles, leaving the SurfCamItalia brand visible.

• Commercial use, resale, retransmission or publication on other websites or services of LIVE, Replay, Archive or Clips is not permitted without our written authorisation.
• Removing or covering brands and indications of origin is not permitted.
• Recognisable people, including minors, may appear in the videos. Downloading a Clip does not give you any right over the image of the people filmed: you are responsible for the use you make of your Clips, which must not harm the dignity, privacy or image of others (art. 10 Italian Civil Code; art. 96 L. 633/1941).
• Your subscription gives you access to the images but it is not a consent of the people filmed and gives you no rights over their image. If a person filmed asks not to appear, the indicated interval may become not visible to you as well and the Clips containing it may be suspended or removed.
• We may make a Clip unavailable or delete it from our service when a person filmed requests it on well-founded grounds, when an authority requests it or when the Clip breaches these Terms. We cannot control or delete the copies you have already downloaded.

13. Content you publish

In the Spot Chat and in the Community you can publish texts, Clips and images. You are responsible for them and you declare that you have the right to publish them. Chat messages and Community content are visible to anyone who opens the relevant pages.

The following content is not allowed:

• unlawful content, or content that incites violence, hatred or discrimination;
• offensive, threatening, harassing or defamatory content;
• content containing other people’s personal data or images of recognisable people used to mock or expose them;
• content showing minors inappropriately or in close-up;
• advertising, repetitive content (spam) or content with unsolicited links;
• content infringing copyright, trademarks or other third-party rights;
• false or misleading content about sea conditions such as to endanger other people.

14. Moderation and reporting

Anyone, even without an account, can report to us content they consider unlawful or contrary to these Terms. How to do it, how we decide, how we inform you and how to challenge a decision is explained in the section “Reporting and removal of content” (Regulation (EU) 2022/2065, “DSA”).

Moderation is carried out by the SurfCamItalia staff. We also use automated tools that never take a final decision on their own: rate limits and blocking of repeated messages; filters that reject links and banned words in Community comments; the temporary hiding, in the Community, of content reported by several different people until the staff examines it.

The possible measures, in proportion to the seriousness, are: hiding or removing content, resetting a nickname, removing a profile picture, temporarily muting an account in the Chat (from 1 hour to 30 days) or in the Community, hiding a Community profile, suspending or closing the account.

• Reporting and removal of content

15. Rules of use

It is not permitted to:

• share the account or credentials, or transfer access;
• circumvent limits, protections or device checks;
• use automated programs to download, copy or collect content or data;
• create multiple accounts to obtain advantages, points or offers;
• repeatedly send manifestly unfounded reports or complaints;
• interfere with the operation of the service.

In the event of a breach we may, in proportion to the seriousness and after a warning where possible, remove content, restrict features, suspend or close the account. If we close the account for a reason that does not depend on a breach by you, we refund you the part of the paid period not used.

16. Partner agreements and partners

Partner agreement access is granted by the partner, who approves the membership request, and gives only the rights provided for by that Partner agreement (for example LIVE for certain Spots or a reserved price). It ends on the stated expiry date, if the partner revokes the membership or if the Partner agreement ends. The partner sees only the name with which you introduce yourself and the status of the request, never your payment details or your activity on the website.

17. Intellectual property

SurfCamItalia’s texts, images, videos, recordings, trademarks, logos, graphics, software and databases are protected by law. Except as permitted in section 12, they may not be reproduced, extracted or distributed without our written authorisation.

18. Liability

We are liable for the service in accordance with the law. We are not liable for damage due to causes we cannot reasonably control (section 11), for decisions taken on the basis of the images, which are informational in nature (section 4), or for content published by users, except as provided by law for those who host third-party content.

Nothing in these Terms excludes or limits our liability for wilful misconduct or gross negligence, for personal injury, or the rights that the Consumer Code grants to the consumer.

19. Changes to the Terms, Plans and prices

We may change these Terms, the features or the prices for technical, legal or commercial reasons. Changes affecting an active subscription are communicated to you by e-mail at least 30 days in advance and apply from the first subsequent renewal; if you do not accept them you can cancel beforehand, at no cost. A price change never applies to the period already paid for. We publish every new version with its date.

20. Communications

We write to you at the e-mail address of your account and with messages in the “Notifications” area of the website. Communications about the contract (confirmations, receipts, renewals, changes) are sent by e-mail.

21. Complaints, applicable law and jurisdiction

For support or complaints write to info@surfcamitalia.it: we answer as soon as possible, as a rule within 15 working days.

These Terms are governed by Italian law. If you are a consumer resident in another country of the European Union, you keep the protection of the mandatory rules of your country. For disputes with a consumer, the court of the place where the consumer resides or is domiciled has jurisdiction (art. 66-bis of the Consumer Code). You may also turn to the alternative dispute resolution bodies provided for by articles 141 et seq. of the Consumer Code.