Terms and conditions

Terms and Conditions

This agreement (hereinafter referred to as "Agreement") is made between KIPIN srl, in p.l.r.p.t., VAT number 06260050850, with registered office in Battipaglia (SA), at via G. Noschese, no. 34 (hereinafter "Supplier") and the end user, whether individual, legal entity, or public or private entity, or association, (hereinafter "Customer") who will use the web platform of the former (hereinafter "Software").

This Agreement governs the rights and obligations of the Parties in relation to the use of the Supplier's Software.

The Agreement consists of these General Conditions, as well as the other documents mentioned and possibly attached hereinafter, which all form an integral and substantial part of it.

1. OBJECT OF THE AGREEMENT AND LICENSE TO USE

1.1. This Agreement concerns the granting to the Customer of the right to use the Supplier's Software, without transferring its ownership.

More specifically, this agreement allows the Customer to:

(i) use, free of charge and/or for a fee, through authenticated access to the cloud infrastructure made available by the Supplier, the aforementioned Software, accessible via the URL kipin.app or via a dedicated URL, or through a native Mobile App, hosted on the Supplier's technological installation, located entirely within European territory;

(ii) use, free of charge and/or for a fee, the management functionalities of the software (hereinafter "Related Services"), as better described on the site kipin.app to which reference is made.

1.2. Subject to compliance with the terms and conditions provided herein, the Supplier grants the Customer, for the entire duration of the contract, a limited, non-transferable, non-sublicensable, and non-exclusive license to install, run, and use the Software, in full compliance with what is prescribed by the Supplier and/or indicated on the site kipin.app regarding its proper use.

2. SOFTWARE REGISTRATION AND ACTIVATION

2.1 For the activation of the Software, the Customer must register via the website kipin.app. The Customer will receive a confirmation code for the subscription at the email address entered during registration, necessary for enabling the Software. Entering the registration data will imply the Customer's acceptance of all the conditions set out in this Agreement.

Alternatively, the Customer may activate the Software through third-party platforms (e.g., Google, Microsoft, LinkedIn, etc.), which will require specific authorization.

The release of the aforementioned authorization will imply the Customer's acceptance of all the conditions set out in this Agreement.

2.2. The Customer undertakes to guard, store, use, and keep confidential the access to the Software with the utmost care and diligence, also to prevent use by unauthorized third parties.

2.3 If the Customer allows third parties to access the Software by sharing their credentials, they acknowledge that these third parties could misuse it and, therefore, in such an event:

(i) the Supplier will not be liable for any damage caused to the Customer and/or third parties due to the non-compliance with the above prescriptions;

(ii) any activity carried out using the Customer's credentials (or access through external authentication systems) will be considered carried out by the Customer to whom the respective Access Keys are associated, and the Customer will be held responsible for such use.

2.4 The Customer undertakes to indemnify and hold the Supplier harmless from any claims that may be made against it for any reason due to violations of the provisions of this article.

3. CUSTOMER DECLARATIONS

3.1 The Customer declares to have all the necessary rights and powers to conclude and fully and effectively execute this Agreement.

4. CUSTOMER IDENTIFICATION

4.1 The Customer is obliged to promptly communicate their personal data to the Supplier and guarantees that they are correct, updated, and truthful. The Customer also undertakes to promptly communicate any changes to personal data useful for the correct issuance of tax documents related to the purchase of services. In case of incorrect data, the Customer must notify the Supplier no later than seven days from the issuance of the document.

4.2 The Customer acknowledges and agrees that if they have provided the Supplier with false, outdated, or incomplete data, besides incurring the civil and/or criminal consequences provided by current laws, the latter reserves the right to suspend access to the Application and/or terminate the Agreement pursuant to Article 1456 of the Civil Code, retaining the sums paid by the Customer and reserving the right to claim compensation for further damages.

4.3 All data correctly provided by the Customer to the Supplier will be covered by the confidentiality obligation provided for in this Agreement.

5. USE OF THE SOFTWARE AND RESTRICTIONS

5.1 The Customer may use the Software exclusively in the ways expressly indicated in this Agreement, according to the Supplier's prescriptions and the indications specified on the site kipin.app, all in compliance with the laws. The Customer must adhere to any technical limitations of the Software and Related Services, as well as the usage methods provided.

5.2. The Customer acknowledges that to use the Software, they must equip themselves with the necessary electrical, electronic, or other equipment, programs, telephone and/or network services, and anything else necessary, and that, therefore, the application does not include the provision by the Supplier of tools necessary for internet access. The Customer also undertakes to indemnify and hold the Supplier harmless from any claims that may be made against it for any reason or in any way connected to the inadequacy of the hardware and/or network and/or software systems suitable for the proper use of the Software. The Customer acknowledges that the internet is not controlled by the Supplier and that, due to the peculiar structure of said network, no public or private entity, not even the Supplier, is able to guarantee and monitor the performance and functionality of the network, as well as the transmitted content.

5.3. It is prohibited to use the Software in violation of the law, for illegal purposes, and/or in violation of this Agreement.

5.4. The Customer is not authorized to copy the Software, in whole or in part.

5.5. Unless written authorization from the Supplier, the Customer is not authorized to:

(i) modify, translate, alter, adapt, copy, reproduce, combine, or incorporate, in whole or in part, the Software;

(ii) reverse-engineer, decrypt, decompile, disassemble, or create derivative works based on the Software's source code or underlying ideas, techniques, or algorithms, or otherwise attempt to discover the Software's source code;

(iii) transfer, assign, pledge, lease, or rent the Software, nor publish it to allow duplication by others;

(iv) use the licensed Software for a specific device on another device or use unauthorized versions of the Software.

6. EVALUATION LICENSE

6.1 Except as above, if the Software is provided for demonstration, evaluation, or other limited uses (hereinafter "Evaluation Software"), the Customer agrees to use the Evaluation Software exclusively for these purposes and acknowledges that the license to use the Evaluation Software will be valid, unless otherwise indicated in writing by the Supplier, for a limited period of 30 days from the time the Evaluation Software is made available. The license for the Evaluation Software is to be considered "as is," without any support or warranty of any kind, express or implied, with the Supplier exempt from any liability arising from any use of the Evaluation Software. The Customer may never disclose, disseminate, or publish the results of benchmark tests conducted on the Evaluation Software without the Supplier's written authorization. The Customer expressly authorizes the Supplier to use any ideas and/or feedback provided regarding the use of the Evaluation Software.

7. VERSIONS

7.1 The Customer has the option to activate, by subscription and acceptance of these general conditions, a free version or a paid version.

7.2 The free version is unique and allows the Customer to freely use the Software and the functionalities provided for it, without any cost or time limit. For the list of functionalities, services, and features of this subscription plan, refer to the information indicated on the site kipin.app. The Supplier reserves the right to limit and/or suspend the use of this version over time, to eliminate and/or modify certain functionalities, or to eliminate it entirely.

7.3 The paid version includes various types of subscription plans of limited duration, each equipped with specific functionalities. For the list of functionalities, services, and features of these subscription plans, refer to the information indicated on the site kipin.app.

7.4 For the activation of paid plans, the prior payment of the fee will be necessary, as provided in the following article 8.

8. FEES AND PAYMENTS

8.1 The Customer is required to pay, in favor of the Supplier, the economic consideration provided for the use of the Software (paid version) and Connected Services, as indicated in the Supplier's price list (hereinafter "Price List"), available and accessible on the website kipin.app. The Supplier reserves the right to make changes and/or corrections to the Price List at any time. In this case, the new Price List will be applied to the Customer only upon renewal of their offer, except for their right of withdrawal, to be communicated in writing to the Supplier at least 30 days before the subscription expiration.

8.2 The Customer acknowledges and accepts that payment can only be made according to the methods indicated on the website kipin.app.

8.3 In case of late payment of the fee due under this Contract, late payment interest determined in accordance with Law no. 231/2002 will be applied, and the Supplier - without the Customer being able to raise any objections and/or claim damages or compensations of any kind, even in case of any damages suffered by third parties - shall have the right to immediately and without further notice suspend all due services until full payment is received (principal amount + late payment interest + legal fees). The Software will be reactivated only when the Customer provides proof of payment.

9. LIMITED WARRANTY

9.1 The Supplier guarantees that for the entire duration of the Contract, from the delivery date (hereinafter "Warranty Period"), the Software, if updated and used in accordance with the Supplier's instructions and those on the website kipin.app, will function in all material aspects, according to the specified functionalities described.

9.2 The warranty is excluded in the following cases:

(i) modifications or alterations to the Software made by anyone other than the Supplier;

(ii) combination, operation, and/or use of the Software with elements not permitted by the instructions;

(iii) failure to use a new or corrected version of the Software;

(iv) installation, update, use, repair, or maintenance of the Software not in accordance with the instructions provided by the Supplier and/or described on the website;

(v) abnormal physical and/or electrical stress, abnormal environmental conditions, misuse, negligence, or accidents;

(vi) errors caused by customizations.

9.3 If the Software were to present a blocking anomaly and therefore not function as guaranteed, the Customer is required to promptly inform the Supplier in writing within the Software Warranty Period. The Supplier, at its discretion, may repair, replace the Software, or refund the price paid by the Customer. The foregoing constitutes the sole remedy available to the Customer in relation to this warranty.

10. MALFUNCTIONS OR FAULTS

10.1 The Customer acknowledges and accepts that the Supplier does not provide any express or implied representations or warranties that the Software is suitable to meet the Customer's needs or that it is error-free, and further acknowledges and accepts that the Supplier will not in any case be held liable for damages resulting to the Customer or third parties as a result of delays, failures to perform, malfunctions, faults, and/or service interruptions. In any case, the Supplier's liability shall never exceed the amount spent by the Customer in the last 12 months.

10.2 In case of reports of faults or malfunctions, the Customer agrees to provide all specifications and information requested by the Supplier.

10.3. The Supplier shall in no event be held liable for any suspensions, interruptions, blackouts, malfunctions of the website and/or connected application due to technical issues, anomalies, lack of updates, and/or any other cause attributable to third-party companies (bankruptcies, cessation of activity, etc.) or in any case where they are caused by unforeseeable and exceptional events or force majeure.

10.4. Similarly, the Supplier, in case of compromises, losses, and/or data breaches resulting from hacker attacks, cyber pirates, viruses, or other causes not attributable to them,

shall not be held liable

11. SOFTWARE EXECUTION

11.1 The Customer acknowledges and accepts that the Software is provided "as is" and is characterized by evolving technology; for these reasons, the technical characteristics of the Software and the conditions of the offer may be modified when necessary due to technological evolution and supply and/or organizational needs, as further specified in the subsequent art. 22.

11.2 The Customer hereby authorizes the Software and Connected Services to be provided in whole or in part by a Cloud Service Provider or by another entity identified by the Supplier.

12. DATA AND CONTENTS

12.1 Upon activation of the Software, the Customer is deemed solely and exclusively responsible for its use. The Customer acknowledges being solely responsible for the content entered, present, transmitted, and/or stored on the servers hosting the Software and undertakes to use it exclusively for lawful purposes and in compliance with the provisions of law applicable from time to time, rules of diligence, morality, and public order, and in any case, without infringing any third-party rights.

12.2 The Supplier is not required to verify the data and contents stored in the virtual infrastructure, unless necessary to comply with legal provisions, at the request of the Judicial Authority or other competent Authority, or at the specific request of the Customer for technical support reasons requested by them, and therefore cannot be held responsible in any way for the nature and characteristics of such data, nor for any errors and/or omissions, as well as for any direct and/or indirect damages deriving to the Customer and/or third parties from the use of such data.

12.3 The Customer undertakes to indemnify and hold harmless the Supplier from any costs, burdens, expenses, or damages that may be caused to it as a result of actions by third parties, including public authorities, resulting from violations of the commitments under this article.

13. SUSPENSION AND/OR INTERRUPTION CASES

13.1 The Supplier, also through the Cloud Service Provider, will make every reasonable effort to ensure the maximum availability of the Software. The Customer acknowledges and accepts that the Supplier may suspend and/or interrupt the service to ensure ordinary or extraordinary maintenance interventions that become necessary and/or necessary both for the premises hosting the infrastructure and for the servers and/or equipment contained therein. In such cases, the Supplier undertakes to restore or ensure that the Cloud Services Provider restores the Software or the virtual infrastructure, as appropriate, in the shortest time possible in order to reduce the inconvenience caused to the Customer.

13.2 Furthermore, the Supplier has the right to suspend and/or interrupt the provision of the Software and Connected Services:

(i) in case of improper use or violations of this Agreement;

(ii) in case of breakdowns and/or malfunctions of the network and supply equipment of the Software dependent on fortuitous event or force majeure or posing a danger to the network, persons, and/or things, as well as in the case of non-programmable and/or foreseeable and technically indispensable changes and/or maintenance;

(iii) if there are justified reasons of security and/or confidentiality;

(iv) in case of incorrect or non-compliant use of the Application by the Customer or in any case failure of the Customer to comply with legal obligations regarding the use of computer services and the internet network;

(v) in case of Software problems that are not remediable without suspending or interrupting the service, in any case informing the Customer about the approximate times of intervention and resolution of the problems encountered.

13.3 In any case, the Customer must notify the Supplier within 24 (twenty-four) solar hours of any irregularities or malfunctions of the Software. Any damages caused by the Customer's untimely communication shall not be attributed to the Supplier.

14. SERVICE LEVEL AGREEMENT ("SLA")

14.1 The Supplier and the Customer mutually acknowledge that access to the Software and the use of the Connected Services will be provided by the Supplier with a guaranteed level of service availability not less than 95% of the time 24 hours a day, 7 days a week throughout the year (Service Level Agreement, SLA). No minimum availability level is provided for free subscriptions.

14.2 In any case of violation or default attributable to the Supplier, the same shall be liable within the limits provided by the SLA, with any other compensation or compensation to the Customer for direct or indirect damages of any kind and nature expressly excluded. The Customer acknowledges and accepts, without prejudice, that in all cases where the SLA does not apply, the Supplier will be liable exclusively within the limits of the amount spent by the Customer in the last 12 months.

15. LIMITATION OF LIABILITY

15.1. Under no circumstances shall the Supplier be liable for loss of profits, revenues, sales, data, or costs resulting from the replacement of goods and services, damage to property, personal injury, interruption of business, loss of commercial information, or for any direct, indirect, incidental, economic, special, or consequential damages, regardless of the cause and whether such event arises from contract, tort, negligence, or other liability arising from the use or inability to use the Software, even if the Supplier has been advised of the possibility of such damages. In these cases, the Supplier's liability shall be limited to the price paid for the license.

15.2 The Supplier shall in no way be responsible for the content of the data entered, collected, and transmitted by the Customer, directly or through its representatives, employees, and/or collaborators and/or third parties acting on its behalf, or for the data and information contained therein that will transit on the Software subject to this agreement, of which the Customer shall be solely responsible, with an exoneration of any liability related to third-party claims against the Supplier for their content, as well as for their illegal, illegitimate, or otherwise harmful use of third-party rights and/or contrary to regulatory provisions, indemnifying and holding the Supplier harmless from any obligation and/or claim, including sanctioning nature and cost that may arise in this regard.

16. INTELLECTUAL PROPERTY

16.1 The Customer is required to use the Application in compliance with the intellectual and/or industrial property rights of the Supplier and/or third parties. The Customer agrees and acknowledges that ownership and title of the Software, including the Connected Services, source codes, and any adaptations, developments, and improvements made by the Supplier, of the related documentation, as well as all intellectual property rights (by way of example, copyright, author rights, patents, logos, registered trademarks, domain rights, web addresses, know-how, etc.) and economic exploitation rights therein, shall remain with the Supplier. Any material subject to intellectual and/or industrial property rights in favor of third parties and made available to the Customer through the Application shall be used by the Customer in accordance with such rights. The Customer assumes all responsibility in this regard and undertakes to indemnify and hold harmless, without prejudice, the Supplier from any adverse consequences.

16.2 In the event that the Customer violates the industrial or intellectual property rights of the Supplier and/or third parties, the Supplier reserves the right to terminate the Contract pursuant to Article 1456 of the Civil Code.

16.3 The ownership of all rights to trademarks, logos, names, and other distinctive signs associated with the Application belongs to the Supplier and/or the Cloud Service Provider, with the consequence that the Customer may not use them in any way without the prior written authorization of the Supplier and/or the Cloud Service Provider.

16.4 The Client grants the Provider the right to use the logo, trademarks, and other identifying elements of the Client's brand (collectively "Logo") for the purpose of providing the service. The Provider may also use this material to promote its own services and for no other further purpose. The Provider may use the Client's Logo on its own website, in newsletters, in social network posts, in commercial presentations, or for marketing purposes in order to include it as its Client and/or present it as a Case Study. The Provider agrees to use the Logo only in a manner that reflects positively on the Client and its products or services. The Provider will immediately cease any use of the Logo upon the Client's request. The rights granted to the Provider under this section are non-exclusive, non-transferable, and revocable at any time by the Client.

17. BRAND AND IMAGE PROTECTION

17.1 Both parties undertake not to make statements or behave in ways that may damage in any way the image and/or name of the other Party or that may, in any case, cause commercial harm to the other Party.

17.2 It is understood that the Client's brand as well as all rights to use and exploit the image, name, and economic identity thereof are and will remain the exclusive property of the Client, just as for the Provider concerning the brand, name, and economic identity thereof.

18. LOG REGISTRY

18.1 With reference to the provision of the Software and Related Services, the Client expressly acknowledges and accepts the existence of an activity register ("Log"), compiled and kept by the Provider or the Cloud Service Provider. The aforementioned register constitutes evidence of the facts and acts carried out by the Client in relation to the Provider and/or third parties. It is of an absolute confidentiality nature and may be exhibited and/or provided exclusively upon request of the subjects expressly indicated by law. The Provider adopts all necessary technical and organizational measures to ensure the confidentiality of the connection logs.

19. DURATION

19.1 This Contract shall remain in force for the entire period of validity of the license, depending on the selected subscription plan, and is renewable only upon express request. There is no automatic renewal provided, and therefore, upon natural expiration, the Software will no longer be accessible to the Client.

19.2 In the event of termination of this Contract for any reason whatsoever, the Client will be precluded from using the Software.

20. WITHDRAWAL

20.1 The Client, even if qualified as a "consumer" pursuant to art. 3 of Legislative Decree no. 206/2005 (so-called "Consumer Code"), i.e., someone who acts for purposes unrelated to entrepreneurial or professional activity, shall have the right to withdraw from this Contract within 14 (fourteen) days without any penalty by sending a communication, by registered letter with acknowledgment of receipt, to: KIPIN srl, in p.l.r.p.t., VAT number 06260050850, with registered office in Battipaglia (SA), at via G. Noschese, no. 34 or by certified email (PEC) to the address kipinsrl@pec.it.

20.2 The Provider reserves the right to withdraw from the Contract, at any time and without obligation to state reasons, by giving written notice to the Client, with a notice period of at least 30 (thirty) days, except in the case of events determined by force majeure, in which case the Provider reserves the right to withdraw from this contract with immediate effect. After the aforementioned deadline, the Contract shall be deemed terminated, and the Provider may deactivate the Software at any time without further notice and refund the Client the amount already paid, if any. In any case, there is expressly excluded any other liability of the Provider for exercising the right of withdrawal and/or for the Client's failure to use the Software or the consequent right of the Client to claim any other refund or compensation of any kind and nature.

21. EXPRESS TERMINATION CLAUSE

21.1 This Contract may be terminated by each of the Parties in accordance with the law for negligence and/or non-compliance with the obligations and conditions established and/or for serious delays and suspensions. In such cases, termination may occur after formal notice to comply, pursuant to art. 1454 of the Italian Civil Code, within the reasonable period of 7 days, after which, if unsuccessful, this Contract shall be deemed terminated by operation of law.

21.2 The Provider reserves the right to terminate this contract by operation of law, in accordance with the provisions of art. 1456 of the Italian Civil Code, in the event of non-compliance by the Client with the obligations set forth in arts. 4., 5., 8., 16.

However, the Provider's right to obtain compensation for all damages suffered is expressly reserved.

22. UNILATERAL MODIFICATIONS TO THE CONTRACT AND ASSIGNMENT

22.1 The Client acknowledges and accepts that the Software and Related Services are characterized by continuously evolving technology, for these reasons the Provider reserves the right to improve the technical and economic characteristics of the Application and Related Services, of the tools related thereto, and to vary the conditions of the Contract and the SLA at any time, even after its signature, without giving rise to any obligations on the part of the Client.

22.2 If the Provider modifies the contractual conditions in any part, said changes will be communicated to the Client via email or upon access to the Software. The aforementioned changes will take effect after 10 (ten) days from the date of their communication. Within the same period, the Client may exercise the right to withdraw from the contract by written communication to be sent by registered letter with acknowledgment of receipt to: KIPIN srl, in p.l.r.p.t., VAT number 06260050850, with registered office in Battipaglia (SA), at via G. Noschese, no. 34 or by certified email (PEC) to the address kipinsrl@pec.it. In the absence of exercise of the right of withdrawal by the Client, within the terms and in the manner indicated, the variations shall be deemed definitively known and accepted by the Client.

22.3 This contract and the rights and obligations arising therefrom may not be assigned by the Client to third parties, in whole or in part, without the prior consent of the Provider.

23. CONFIDENTIALITY OF INFORMATION

23.1 The Client undertakes not to disclose or make available to third parties the confidential and reserved information known or managed in relation to the execution and/or application of this Contract, in the absence of specific written consent from the Provider and in any case even after its expiration.

23.2 The Parties undertake to treat and keep the Confidential Information with strict confidentiality and to protect said information with due diligence. 

23.3 The Parties may disclose Confidential Information only to personnel who need to know it to correctly and punctually execute this Contract and provided that the personnel is bound by a similar confidentiality commitment and has been informed, before disclosure, of the confidential nature of the transmitted Confidential Information.

23.4 The Parties mutually acknowledge that in no case shall the following be considered Confidential Information:

(i) information that is already in the public domain at the time of its communication or that becomes public thereafter, without the Parties in any way contributing and/or violating this confidentiality clause;

(ii) information that the Parties are obliged to communicate or disclose in compliance with legal provisions or orders of any authority;

(iii) information whose disclosure has been previously authorized in writing by the Parties.

23.5 In case of termination of this Contract for any reason, each Party shall be required - upon simple request from the other - to return and/or destroy all information, documents, and materials containing Confidential Information.

24. APPLICABLE LAW AND EXCLUSIVE JURISDICTION

24.1 This Contract is subject to Italian law.

24.2 If the Parties intend to resort to the judicial authority, the competent court shall be that of the place of residence or elective domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005. Where the Client is not qualified as a "Consumer", the Parties agree that, with reference to any dispute relating to this Contract, its interpretation or execution, the court of Salerno shall have exclusive jurisdiction.

25. ONLINE RESOLUTION OF DISPUTES FOR CONSUMERS

25.1 The consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve, out-of-court, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, in the case of a European consumer, this platform can be used to resolve any dispute arising from the online contract concluded with the Provider. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).

26. FINAL PROVISIONS

26.1 This Contract cancels and replaces any other previous agreement possibly entered into between the Provider and the Client attributable for any reason to the same user and concerning the Software and constitutes the ultimate and integral manifestation of the agreements concluded between the Parties on this subject matter. 

26.2 In no case shall any non-compliance and/or behavior of the Client contrary to the Contract be considered as waivers thereof or tacit acceptance thereof, even if not contested by the Provider. The Provider's possible inaction in exercising or enforcing any right or clause of the Contract shall not constitute a waiver of such rights or clauses.

26.3 Unless expressly stated otherwise in the Contract, all communications to the Client may be made by the Provider indistinctly by hand, by email, certified and non-certified, by registered letter with acknowledgment of receipt, by ordinary mail to the addresses indicated by the Client during registration or subsequently communicated or by acting on the Software panel and, consequently, they will be considered known by the Client. Any changes to the Client's addresses and contact details, including the email address provided at the time of order not communicated to the Provider in the manner provided for in the Contract, shall not be opposable to it.

26.4 Except for cases specifically provided for in the Contract, all communications that the Client intends to send to the Provider regarding the Contract, including requests for assistance, must be sent through the Support area in the Software. From the Support area, it will be possible to send a support ticket to request technical assistance, guaranteed in the subscriptions.

26.5 Any ineffectiveness and/or invalidity, total or partial, of one or more clauses of the Contract shall not entail the invalidity of the others, which shall be considered fully valid and effective.

Any clauses declared invalid, unlawful, illegitimate, or otherwise ineffective may be replaced by the Parties, in good faith.

26.6. Any modification to this Contract must be made in writing and by both parties and shall be null and void.

26.6 Unless expressly provided for in the Contract, the Parties expressly refer, to the extent possible, to the current legal provisions.

26.7 Any complaints regarding the provision of the Service, including failure to comply with the SLA, must be addressed to the Provider through the Support area in the Application. The Provider will examine the complaint and provide a written response within 10 (ten) days of receipt thereof. In the case of complaints about particularly complex matters, which do not allow for a comprehensive response within the aforementioned time limits, the Provider will inform the Client within the aforementioned time limits about the progress of the matter.

26.8. The Client undertakes not to assign the contract to third parties without the prior written authorization of the Provider.

27. PROCESSING OF PERSONAL DATA

27.1 With reference to the processing by the Provider of personal data of third parties of which the Client is the data controller and entered or otherwise processed by the latter in the execution of the Contract ("Third Party Personal Data"), pursuant to the General Data Protection Regulation no. 619/2016 ("GDPR"), the Parties acknowledge and agree to comply with what is provided in the information available by clicking here.

27.2. The Provider reserves the right to access the Client's data solely for service maintenance purposes and, in any case, only following an explicit request for assistance from the Client. 

27.3 The Client is aware that by enabling certain functionalities of the Software, he/she may make public one or more pieces of information entered into the Software by him/her.

27.4 Likewise, the Client is aware that, by explicitly using certain functionalities (e.g., Sending the web card through the channels made available by the platform, Communication of URLs dedicated to their "WebCards," Use of the Signature generated by the Software, etc.), he/she may send and/or make visible one or more pieces of information entered into the Software by him/her.

27.5 If desired, the Client may request the deletion of his/her account and all associated data by accessing the following address https://kipin.app/it/app/remove-data/.