Terms and Conditions of Service

1. Subject matter of the Service

The Service enables professional users to manage their bookings and appointments, configure their business, receive requests from end customers and use the functionalities made available through the customer console.

The Service is offered on a "software as a service" (SaaS) basis, accessible via the web, without the need for local installation. The Provider may update, modify, expand or reduce the functionalities of the Service over time, within the limits set out in these Terms.

The showcase website www.hallokate.com is for informational and promotional purposes; registration and operational management take place through the console console.hallokate.com.

2. Account and registration

To use the restricted functionalities of the Service, it is necessary to create an account by providing truthful, complete and up-to-date data. The user is required to promptly notify any changes to the data provided.

The user is responsible for safeguarding and keeping confidential their access credentials and for any activity carried out through their account. They are required to inform the Provider immediately, at the address [email protected], in the event of unauthorised use or suspected compromise of the account.

Registration is reserved for entities acting in the course of their professional or business activity and having the legal capacity to be bound by these Terms. By registering an account on behalf of an organisation, the user declares that they have the authority to do so.

The Provider may refuse a registration or suspend an account in the event of inaccurate information, breach of these Terms or improper use of the Service.

3. Plans, pricing and payments

The Service is offered through a free plan ("Free") and one or more paid plans ("Pro"). The features, limits and functionalities included in each plan are indicated on the descriptive pages of the Service and may be updated over time.

The Free plan is made available free of charge and may provide for usage, functionality or volume limitations. The Provider reserves the right to modify, limit or suspend the Free plan, giving adequate notice thereof.

The Pro plan is subject to payment of the fee indicated at the time of subscription, according to the chosen periodicity (for example monthly or annual). The fees are understood to be exclusive or inclusive of applicable taxes as specified at the time of purchase.

Unless otherwise indicated, paid subscriptions automatically renew for successive periods of equal duration, subject to cancellation to be carried out within the indicated terms. It is the user's responsibility to manage renewal and cancellation through the tools made available or by contacting the Provider.

The Provider may modify the prices and economic conditions of the plans, giving notice thereof with reasonable advance notice; the changes will take effect from the next renewal period. Continued use of the Service after the entry into force of the new economic conditions constitutes acceptance thereof.

Payments may be managed through external payment service providers; in such a case, the conditions of those providers also apply. In the event of non-payment, the Provider may suspend or limit access to the paid functionalities.

4. User obligations

The user undertakes to use the Service in compliance with these Terms, the applicable law and the rights of third parties.

The user is solely responsible for the content and data entered into the Service, including data relating to their business, their end customers and bookings, as well as for its lawfulness, accuracy and currency.

Where the user processes the personal data of third parties through the Service (for example the data of their own end customers), they are required to comply with the applicable personal data protection legislation, ensuring that they have a valid legal basis and that they have provided the appropriate privacy notices to the data subjects.

The user undertakes to keep their credentials confidential and not to transfer or share them with unauthorised parties.

5. Acceptable use

The user undertakes not to use the Service for unlawful or fraudulent purposes or in breach of these Terms.

In particular, it is prohibited to: upload or disseminate unlawful or defamatory content, content that infringes the rights of others or the intellectual property of third parties; attempt to access without authorisation the systems, accounts or data of other users; interfere with the proper functioning, security or integrity of the Service.

It is also prohibited to: circumvent or attempt to circumvent security, anti-spam measures or technical limitations; use the Service to send unsolicited communications (spam) or for unauthorised scraping activities; overload the infrastructure through impermissible automated uses.

It is likewise prohibited to resell, sublicense or make the Service available to third parties without the Provider's express authorisation, as well as to copy, decompile or reverse engineer the software, save within the limits permitted by law.

In the event of a breach of these acceptable use rules, the Provider may suspend or terminate access to the Service, without prejudice to compensation for any damages.

6. Intellectual property

The Service, the software, the code, the graphics, the trademarks, the logos, the content and every other element of HalloKate are owned by the Provider or its licensors and are protected by the applicable legislation on intellectual and industrial property.

The Provider grants the user a limited, non-exclusive, non-transferable and revocable licence to use the Service for the duration of the relationship and within the limits of these Terms. No rights are granted beyond what is expressly provided.

The content and data entered by the user remain the property of the user. The user grants the Provider a limited licence to process and host such content to the extent necessary to provide the Service and to comply with these Terms.

The user may submit suggestions or feedback on the Service; the Provider may freely use them to improve the Service without this entailing any obligation towards the user.

7. Processing of personal data

The processing of personal data within the Service is governed by the Privacy Policy, which forms an integral part of the relationship and to which reference is made.

With regard to end-customer data entered by the professional user into the console, the Provider acts as data processor on behalf of the user, in accordance with a specific Data Processing Agreement.

8. Service availability and service levels

The Provider undertakes to deliver the Service with the required professional diligence and to maintain its availability on a best-effort basis, compatibly with the nature of the Service in SaaS mode.

The Service is provided without any guarantee of uninterrupted availability. Interruptions, suspensions or slowdowns may occur due to ordinary or extraordinary maintenance, updates, technical malfunctions, force majeure or factors attributable to third-party providers (for example hosting and CDN services or email providers).

The Provider will endeavour, where possible, to schedule planned maintenance interventions so as to reduce their impact and to give prior notice thereof when reasonable.

Save as may be provided by a specific service level agreement (SLA) entered into for the paid plans, the Service is offered on a best-effort basis and no binding availability levels or recovery times are guaranteed.

9. Warranties and exclusions

To the extent permitted by the applicable law, the Service is provided "as is" and "as available", without further warranties, express or implied, as to fitness for a particular purpose, continuity, freedom from errors or conformity to the user's specific needs.

The Provider does not warrant that the Service is free from defects or interruptions, nor that the results obtainable through its use will meet the user's expectations.

Any mandatory warranties and rights granted to the user by the applicable legislation remain unaffected.

10. Limitation of liability

To the maximum extent permitted by the applicable law, the Provider shall not be liable for indirect, consequential, incidental or punitive damages, including loss of profits, revenue, goodwill, business opportunities or data, arising from the use or inability to use the Service.

In any event, and to the extent permitted by law, the Provider's total liability towards the user on any ground connected to the Service is limited to the amount actually paid by the user for the Service in the twelve months preceding the event giving rise to the liability.

The user is responsible for keeping copies of their own data and relevant content. The Provider shall not be liable for the loss of data attributable to the user, to third parties or to causes beyond its control.

The limitations under this section do not apply in cases of wilful misconduct or gross negligence of the Provider, nor in cases where liability cannot be limited or excluded under the law.

11. Withdrawal and termination

The user may cease use of the Service at any time and request the closure of their account through the available tools or by contacting the Provider at the address [email protected]. For the paid plans, termination takes effect according to the cancellation terms indicated, without any right to a refund of fees already accrued, save as otherwise provided by law.

The Provider may suspend or terminate the provision of the Service, in whole or in part, and disable the account in the event of a breach of these Terms, unlawful or abusive use of the Service, non-payment or for security reasons, giving notice thereof to the user where possible.

The Provider also reserves the right to discontinue the provision of the Service or of individual components thereof, giving adequate advance notice to the users of the paid plans.

Following the termination of the relationship, access to the Service is disabled. The user's data will be processed and, where provided, returned or deleted in accordance with the Privacy Policy and any Data Processing Agreement, subject to the legal retention obligations. It is the user's responsibility to export their data before termination, where such functionality is available.

12. Changes to the Service and to the Terms

The Provider reserves the right to amend these Terms at any time, including as a result of regulatory, technical or Service developments.

The changes will be published on this page with an indication of the date of the last update and, in the event of substantial changes, may be communicated to the user through the channels deemed appropriate.

Continued use of the Service after the entry into force of the changes constitutes acceptance thereof. Should the user not wish to accept the changes, they may cease use of the Service and request the closure of their account.

13. Governing law and jurisdiction

These Terms are governed by Italian law.

Any dispute arising from these Terms or connected to the Service shall be subject to the exclusive jurisdiction of the courts of the place where the Provider has its registered office, unless the applicable law mandatorily provides for a different jurisdiction, as in the case where the user has the status of a consumer, in which case the mandatory jurisdiction provided for by consumer protection legislation remains unaffected.

The possibility of resorting to alternative dispute resolution mechanisms, where applicable, remains unaffected.

14. General provisions

The possible invalidity or ineffectiveness of one or more clauses of these Terms shall not affect the validity of the remaining provisions.

The Provider's failure to exercise a right or power provided for by these Terms shall not constitute a waiver thereof.

The user may not transfer to third parties the rights and obligations arising from these Terms without the Provider's prior written consent. The Provider may transfer the contract in the context of corporate transactions or the transfer of the business division relating to the Service.

These Terms, together with the Privacy Policy and any plan-specific conditions, constitute the entire agreement between the parties in relation to the Service.

15. Contact

For any question relating to these Terms or to the Service, you may contact the Provider at the following email address: [email protected].

Service Provider: Dverse Studio.