1.1 The subscription terms and conditions (the "Terms and Conditions") govern the rights and duties in relation to the use of the services of www.appkakebo.it, 09126 Cagliari, (hereinafter "AppKakebo") and the customer (the "customer"). These terms and conditions will be available in Italian.
If the customer is a natural person, the Terms and Conditions will be accepted on behalf of the customer. This service is designed as a service between the company and end consumers (B2C).
1.2 Companies that deal with accounting, management companies or similar can accept these Terms and Conditions on behalf of the client, for example with new subscriptions. The act will assume that they have the necessary authorization to accept them and that the client has been properly informed of the Terms and Conditions before accepting them.
2.1 There are free and paid plans. The differences and features are summarized on this page.
2.2 The subscription starts from the date on which the customer registers for a plan on AppKakebo. The subscription can be canceled at any time in Options >> Other >> Cancel account. Through the application, the customer can terminate the subscription, reduce the services requested and eliminate additional modules, actions that will take effect upon cancellation (unless specified differently in the description or in the terms and conditions to be applied to a service or a specific form).
2.3 Paid products include a free trial period. After this period, and if the user has not provided his credit card information (for payment), the application will be blocked and he will have to enter these data to continue using the application. We will begin to invoice from the moment the Customer enters the payment information.
2.4 The payment of the subscription is made by debiting the credit card provided by the customer. Payment will be annual. You can cancel the subscription at the end of the year of registration. In case you want to cancel it before the registration year ends, you will not be refunded the corresponding amount. You can cancel the subscription at any time from Options >> Other >> Cancel account.
2.5 AppKakebo may cancel a subscription without prior notice to the Customer for incorrect use of the System or the subscription (including and limited to the use or management of data by other persons or organizations).
3.1 In accordance with the Terms and Conditions, the customer is granted a non-exclusive and limited right to use the AppKakebo expense management program, which will be available for software and service only for the purposes described in the application. The customer does not purchase the application or a copy or part and is not granted a license to use the application other than as software and service.
3.2 The customer's subscription entitles you to use the application. Only the customer is authorized to use the application that cannot be used for and in the name of someone else or for the processing of data or for the provision of services for other people than the customer. The customer undertakes to be fully responsible for the third parties to which he / she accesses the application or who uses the details of access or registration of the Customer.
3.3 Apart from what is established in point 3.2, the customer is not entitled to give his subscription to third parties, either totally or partially.
3.4 The customer must ensure that the application is not used in any way that could harm the name, reputation and / or good faith of AppKakebo or that violates applicable laws or rules.
4.1 Payments will be effective at the time of registration.
4.2 If the subscription fee is not paid by the deadline, access to the application will be blocked. Access to the application will be unlocked after payment is received, unless AppKakebo has already canceled the subscription.
4.3 The customer accepts that the invoices are sent by email to the address provided by the customer and will be considered delivered when they have been sent by AppKakebo.
4.4 Prices, rates and plans in force can be viewed on the AppKakebo web page and can be modified with at least one month's notice from the beginning of the following period in which the change will be effective. This notification can take place via email, making the new price available to the customer, through a window that appears when you log in or in any other way in which a price is available through a link.
4.5 It is the customer's responsibility to check the website regularly to stay informed of any changes by not being able to refuse the application at this new price but being able to choose not to renew the contract as stated above in clause 2.4.
5.1 By using the application, the customer may terminate the subscription with effect from the last day of the following period (unless the opposite is indicated in the description or in the terms and conditions)
5.2 AppKakebo has the right to terminate the subscription at the end of any subsequent period, giving notice of more than 6 months or immediately, by a written notification, in the event that the customer incurs a material breach of these Terms and Conditions .
6.1 In relations between the parties, the customer will hold all the data provided to AppKakebo or the application. The application allows the customer to export the data saved in the same and the customer undertakes to export all the data before the end date of the subscription.
6.2 AppKakebo reserves the right to delete customer data 90 days after the deadline, regardless of the reason for the termination of the contract, having no obligation to keep the data after this date (if AppKakebo preserves them of its own accord it must be in compliance with the legal obligation to keep the data duly blocked).
6.3 AppKakebo will be entitled to keep customer data anonymously after the end of the contract, only for statistical and analytical purposes.
6.4 AppKakebo may disclose customer data to third parties and public authorities when such transfers are made in compliance with legal obligations and / or in defense of AppKakebo's rights, including judgments, public authority orders, customer bankruptcy, death or similar, always and when it is in accordance with the applicable legislation.
AppKakebo strives to provide the highest possible level of operational stability, but is not responsible for any suspension of service caused by factors that go beyond its control. These suspensions include, without limiting purposes, power outages, errors that occur in modem devices, in ADSL connections, in telecommunication connections, etc.
The application and the service are provided as is and AppKakebo is not expressly responsible for other representations, warranties, conditions and other terms, expressed or implied legally, collaterally or in any other way, including the effects essentially of implicit guarantees, conditions and other terms satisfactory from the point of view of quality, adequacy for particular purposes, caution and rational capacity.
AppKakebo will be able to continuously update and improve the software. Any changes may change the composition and appearance of the application and service. Any changes may be made with or without notification and may affect the results or information that have been incorporated into the application previously, without requiring any liability whatsoever.
9.1 The application and any information contained in it, other than the customer's data, is protected by the intellectual property rights of AppKakebo. Any development or adaptation made for the client in the application or any information included in the same will fall on AppKakebo. The customer will notify AppKakebo of any infringement and / or suspected infringement of its intellectual property rights and / or any unauthorized use of the application of which the customer is aware.
9.2 No right of ownership is given to the customer.
9.3 In relation to any material and / or data that could store or load the customer, AppKakebo guarantees its distributors and contractors a non-exclusive and irrevocable worldwide license to provide all the services related to the application, including marketing services to customers . The customer declares and guarantees that no material and / or data saved in the application violates the rights of third parties or intellectual property rights and that they do not contain any obscene, offensive, inappropriate material or that supposes the violation of an applicable law.
9.4 The customer will use the application and its software only in accordance with the purposes of providing AppKakebo services. The customer may not use the application or its elements nor permit its use by third parties, in a form other than that expressly contemplated in these Terms and Conditions. The customer may not use, rent, give, pledge, transfer, reproduce, modify, reformat, translate, obtain extracts (total or partial) and distribute the application nor any of its elements. The customer will not be able to copy the application or break it into other programs or products, except if expressly authorized to do so. The customer will not be able to break down, apply reverse engineering or disassemble the application in any of its parts.
10.1 AppKakebo is entitled to give another company or third parties its rights and obligations with the customer.
10.2 The customer accepts that AppKakebo has the right to resort to contractors for all aspects, including the installation and operation of the application, treatment and custody of customer data.
11.1 AppKakebo will not be responsible, as already stated in the contract, for wrongs (including negligence), legal obligations, preliminary contracts or any other obligation deriving from these Terms and Conditions or from the application of (a) indirect or consequent damage or loss or (b) loss of prestige, professional reputation or data or (c) economic loss (including, without limitation, loss of revenue, guarantees, contracts, business or savings expected). In any case, whether or not it has been warned of the possibility of incurring damages or losses or in any way these have been realized.
11.3 The maximum liability of AppKakebo by contract, wrong (including negligence), legal obligation, preventive contract or any other legal obligation derived from these Terms and Conditions will, for each or more events or series of events (whether connected or not) that occurred within a period of 12 months, limited to the rates paid by the customer during this period.
11.3 La massima responsabilità di AppKakebo per contratto, torto (inclusa negligenza), obbligo legale, contratto preventivo o qualsiasi altro obbligo legale derivato da questi Termini e Condizioni sarà, per ognuno o più eventi o serie di eventi (che siano collegati o no) che si siano verificati in un periodo di 12 mesi, limitata alle tariffe pagate dal cliente in tale periodo.
11.4 The customer will be obliged to reimburse AppKakebo any cost as a result of his responsibility for the loss of the product, losses of third parties and / or any other liability claimed by third parties for the use of the application made by the customer.
11.5 Nothing in this contract limits or excludes liability for death or injury caused by fault or negligence or which may constitute fraud.
12.1 AppKakebo will process the customer's data only in accordance with the instructions provided by them and not for their own purposes.
12.2 AppKakebo will keep confidential all information that the customer provides, except those that are made public without violating this clause, or that AppKakebo has obtained from third parties without having the obligation of confidentiality or what has been requested by competent authorities.
12.3 AppKakebo will adopt all the technical and organizational means of security that are necessary to ensure a treatment of the customer's data. AppKakebo will fulfill all the obligations of the privacy law of the EU Regulation 2016/679 concerning the protection of individuals with regard to the processing of personal data, in order to be responsible for processing the data entered by the customer, but not the data of the customers in whose case would be responsible for the file.
12.4 AppKakebo will provide the customer with any information that it requires, in order to ensure that the organizational and technical means are adopted by AppKakebo. AppKakebo is authorized to bill the customer based on the normal rates set.
12.5 When the customer provides information, user name or password in relation to information provided by third parties or these provide services to AppKakebo, the customer will guarantee that the provision of such information or integration with the application of third party information or as a result of provision of third-party services or the storage or use of such information by AppKakebo, does not violate the terms and conditions of such services or the rights of other third parties. The customer will reimburse and release AppKakebo from liability in the event of loss, damage, costs or expenses resulting from the violation of this clause.
12.6 AppKakebo will carry out the automated and non-automated technical operations and / or procedures and personal data that are incorporated in the file solely and exclusively for the development of the agreed services.
12.7 AppKakebo will not apply nor will it use or reveal personal data for purposes other than those deriving from this clause, the contract or the instructions received from the customer.
12.8 AppKakebo will not communicate or allow access to personal data to third parties even for protection reasons.
12.9 AppKakebo will destroy or delete personal or supporting data or documents in which they are incorporated for the purposes of the processing or by express request or in writing by the customer.
12.10 The customer authorizes AppKakebo to subcontract with third parties for hosting, maintenance, connection, IT support and any other activity included in the provision of services that involve the implementation of data processing. The services will be provided by Microsoft with the Azure service.
AppKakebo will be able to update these Terms and Conditions of agreement with the procedure described above in clause 3.2. It is the customer's responsibility to check the website regularly to keep informed of any changes to the Terms and Conditions
These Terms and Conditions must be interpreted in accordance with Italian laws and the parties are expressly subject to Italian law.
15.1 Independent nature
Nothing in this agreement should be understood as the creation of a constitutive legal relationship of a company, a community of shared risks, work or any other form of similar meaning that attributes any kind of activity that has been explicitly established in these Terms and Conditions and / or that create an agency relationship between the parties.
Both parties confirm that this contract establishes the entire agreement and the agreement between the parties that replaces any other previous agreement, contract, compromise or declaration between the parties in relation to the object of the contract. Both parties confirm that they are not based on any declaration, representation or understanding that is not expressly contained in this contract or has not been entered in a fraudulent manner.
Neither the lack nor the delay for one of the two parties in applying a right, power or recourse in its favor should be considered as a waiver of this or one of its rights or of any exercise, individual or partial, for one of the parties , faculty or appeal that prevents the exercise of an additional power, right or appeal.
15.4 Third party rights
Nothing in this contract will create or confer rights and other benefits to other people than parts of this contract.
15.5 Other guarantees
Both parties, at the costs and expenses of the other party, will use all reasonable means to carry out all new acts and / or elements to execute or facilitate the interpretation of all the documents that such party might occasionally and rightly request for the purpose of give the party in question all the benefits of the assets, rights and benefits to be transferred by the other party to this contract.
These Terms and Conditions will be effective on 11 August 2019 and will replace the previous ones. This document is a translation of the document into Italian. The document to refer to is the one in Italian.