MYPROTECTO – GENERAL CONDITIONS

These general conditions (hereinafter, the “General Conditions”) exclusively govern the access and use of the myProtecto application (hereinafter, the “App”) and the services offered by it as described below (hereinafter, the "Services"); the General Conditions constitute a legally binding agreement (the “Contract”) between the company Protecto s.r.l., with registered office in Dogana (RSM), Via Cesare Cantù n. 104, Fiscal Code: SM31184 (the “Company” or the “Supplier”) and the customer who downloads and uses the App (the “Customer” and/or “Primary User”), an agreement that commences upon the acceptance of these General Conditions by the Customer.
These General Conditions also apply to all Updates and Maintenance, as defined below, performed as part of the provision of the Services by the Company.

By clicking on the appropriate box when downloading the App, the Customer accepts these General Conditions, - declaring to have read them, understood them, and agreeing to be bound by them - and therefore concludes the Contract with the Company.
If the Customer does not accept or agree with these General Conditions, they are expressly prohibited from using the App and the Services and must immediately cease using them.

The Customer may download, print, and archive the General Conditions using the specific command located at the bottom of these General Conditions, or await the receipt of the confirmation email that the Company will send once the Customer has accepted these General Conditions during the download of the App and the creation of their Account. This email will confirm the conclusion of the Contract and includes these General Conditions and the Withdrawal Form and can easily be printed or saved through the functions provided by email programs.

DEFINITIONS
In these General Conditions the following words, both singular and plural, have the following meanings:

• “Updates and Maintenance”: indicates all updates, adaptations, developments, improvements, new functionalities, customizations and modifications generally made to the App and the Services.
• “Account”: the personal profile of the Primary User, created on the App, accessed via username and password, allowing access to the Services.
• “App”: indicates the software application myProtecto, developed by the Company, created to be installed on smartphones and through which the provision of the Services occurs.
• “Beneficiary/ies”: the subject/s who, through the Software Token provided to them by the Primary User and the subsequent verification procedures, can access the Beneficiaries' Panel of the App containing a summary of all information relating to the Primary User's personal goods and assets registered on the Account.
• “Customer” and/or “Primary User”: indicates the owner and manager of the Account.
• “Fee”: the annual subscription rate to the App and the Services, the amount of which is provided for in Article 4.2 of these General Conditions.
• “General Conditions”: indicates these general conditions.
• “Contract”: the legally binding agreement between the Company and the Customer governed by the General Conditions.
• “Contents”: indicates the algorithm, texts, data, drawings, graphics, images, sounds, music, videos, interactive functions and all other contents present in the App.
• “Beneficiaries' Panel”: the specific section of the App that Beneficiaries can access, containing a summary of all information relating to the personal goods and assets recorded by the Primary User on the Account.
• “IP Rights”: indicates copyright and all intellectual and industrial property rights, including connected economic utilization rights, in relation to the App and the Services.
• “Customer's email address”: indicates the email address that the Customer is required to provide to the Company at the time of concluding the Contract and which will be used by the Company to deliver all communications required by these General Conditions to the Customer.
• “Payment method”: indicates the credit card (or other payment medium indicated by the Company on the App) - registered to the Customer - to which the Company will charge the Fee and any further amounts due by the Customer pursuant to the Contract.
• “Party” and “Parties”: indicates individually the Customer or the Company and collectively the Customer and the Company.
• “Distinctive Sign”: indicates the registered trademark “Protecto” and any other distinctive sign used to distinguish the Services and/or the App.
• “Services”: indicates (i) the provision by the Company of services consisting of the possibility for the End User to download and access the App, through the creation of their Account, and to insert, store and securely manage information relating to their personal goods and assets, as well as the possibility for the End User to allow Beneficiaries to access such information via the Software Token; as well as (ii) the provision to the Customer of Updates and Maintenance of the App itself.
• “Company”: indicates the company Protecto s.r.l., with registered office in Dogana (RSM), Via Cesare Cantù n. 104, Fiscal Code: SM31184
• “Software Token”: code generated by the App upon the indication of the Primary User, which must be stored by the Primary User and delivered to each Beneficiary enabling them to access the Beneficiaries' Panel of the App.

1. - Object

1.1 These General Conditions regulate the terms and conditions under which the Company allows the Customer the non-transferable and non-exclusive right to use the App and regulates the provision of the Services, against payment of the Fee.
The Customer can insert and store in their Account information, documents and content regarding their bank relationships, policies, corporate shareholdings, real estate and movable properties, passwords, social profiles, particular health data, notes and wills, establishing precisely for each type of asset who and how will be able to access the relative information.
1.2 Providing such information allows the Customer to use the App as a digital safe in which to keep their most sensitive and important data in a safe, secure, and encrypted space.
1.3 Moreover, through the Software Token functionality, the Customer allows their designated Beneficiaries to access the information contained in the Account so that the latter can have a complete picture of the Customer's financial/administrative/health situation.
The Beneficiaries will only and exclusively be able to view the above-mentioned information and will not be able, by way of example, to make money transfers, close current accounts, interact with bank, postal or insurance professionals, transfer ownership of real estate/movable property or shares, manage social profiles, make reservations for medical visits, access cloud spaces, proceed directly with redemptions of policies or financial instruments. The App merely allows maintaining a comprehensive overview of the Customer's economic/administrative condition, effectively avoiding the disorganization or loss of such assets in case of death, incapacity or necessity of the Customer.

2. - Use of the App

2.1 To start using the App, the Customer is required to provide the complete and correct requested data, select a Payment Method and accept the General Conditions, simultaneously creating their Account with their email and choosing their password.
The Contract is subject to providing the requested data, selecting the Payment Method and successfully creating the Account.
2.2 The right to access and use the App and the Services is personal and non-transferable.
2.3 The Customer undertakes to maintain the confidentiality of the credentials used to access their Account and is fully responsible for all use of their Account and for any actions taken through it.
2.4 The Customer declares and guarantees to only use the App to enter, store and manage information relating to goods and assets of which they are the sole and legitimate owners, explicitly committing to ensure the strict confidentiality of all data contained within it. The Customer acknowledges that the Company acts exclusively as a secure storage service provider and does not assume any responsibility, nor exercises any control, over the content entered by the Customer.
2.5 By consequence, the Customer commits to hold the Company indemnified and harmless from any dispute, action, claim, request, prejudice, expense or damage naturally resulting from the violation of point 2.4 above by the Customer themselves.

3. - Functionality of the App – Disclaimers

3.1 The Customer acknowledges and accepts that the functioning of the App depends, among other things, on suitable internet and Wi-Fi networks belonging to third-party telecommunications companies and third-party systems that are beyond the control of the Company.
The Customer consequently acknowledges and expressly agrees that the Company will have no responsibility towards the Customer themselves and/or any possible third-party beneficiaries of the App for errors, dysfunctions, lack of connection, slowdown that the App may suffer at times in any location and which may result, by way of example only, directly or indirectly from bugs deriving from necessary updates of the operating systems of their devices, sudden hardware damage, anomalies and malfunctions in the Internet network as well as in the telecommunications systems, delays or missed transmissions of data and any other event beyond the control of the Company.
3.2 The Customer acknowledges to have been sufficiently informed about the characteristics, possibilities and limits of the App and the Services; in this regard, the Customer acknowledges that, except in cases of willful misconduct or gross negligence, the Company will not be considered responsible in whole or in part towards the Customer themselves for the unavailability of the App and for interruptions or defects of the Services possibly occurring simultaneously with updates and/or maintenance interventions on the IT systems functionally supporting the App as well as during necessary periods to allow the resolution of problems/anomalies (bugs) by technicians and computer scientists designated by the Company.
3.3 Therefore, except in cases of willful misconduct and gross negligence, the Customer expressly waives to make any demand, action and/or claim against the Company relating to or resulting from malfunctions, delays and anomalies inherent in accessing the App, its functioning and/or the execution of the Services during periods not dependent on the Company itself and/or anyway during downtime periods resulting from the circumstances identified in points 3.1 and 3.2 above.

4. – Trial Period (where applicable) – Registration to the services – Subscription Auto-renewal – Missed Refund – Account Reactivation (where provided)

4.1 When registering and creating their Account, the Customer may be granted an initial free trial period (trial) varying by length up to a maximum of 3 (three) months; currently, however, according to current company policies, only those who will receive a voucher code from Protecto's commercial partners indicating specific trial periods of the latter can benefit from the free trial period (whose duration is strictly indicated on the voucher).
Without prejudice to the cases of specific trial periods possibly available for third parties through vouchers/codes explicitly agreed upon between commercial partners and Protecto s.r.l., for clients who decide to download the application, there currently IS NO free trial period, except in any case the right of withdrawal provided for by current consumer regulations as better specified under art. 6 of these General Conditions.
At the end of any trial period possibly recognized in consequence of the provisions of point 4.1 above, the Customer's subscription will be directly blocked. If they wish to continue using the Services and maintaining their Account, the Customer shall subscribe choosing one of the available formulas.
4.2 To use the application, after providing the data and creating the Account, the Customer shall subscribe for an amount corresponding to € 49.00 (forty-nine/00) = (hereinafter the “Fee”) as the base rate (so-called silver package) to use the App, as a single payment solution relative to 12 (twelve) months. The subscription to the Service occurs on an annual basis. Without prejudice to the above point, upon the initial subscription by the Customer, a 12 (twelve) month Contract implies the prior collection of their consent to the subsequent automatic renewal of their subscription at the expiry of the annual term to ensure operational continuity.
If not canceled within the limits identified by Art. 5, the subscription to the Services will be automatically renewed according to the previously chosen option; the same mechanism is foreseen for specific subscription options that involve different Services and specific prices compared to the base package, as explicitly regulated and identifiable when downloading the App.
There are NO fractional options of shorter temporal duration.
4.3 The Fee will be automatically charged, at each renewal, taking advantage of the Payment Method previously chosen by the Customer, on the same calendar day on which the subscription to the Services was activated. If the Customer wishes to change their preferred Payment Method, they can log into their Account and update this information from the settings.
4.4 Without prejudice to point 4.3 above, it will be the Customer's responsibility to periodically verify that their Payment Method is valid and updated to allow regular charges.
4.5 Within a reasonable term from the conclusion of the Contract and no later than the delivery of the Services, the Supplier provides the Customer with confirmation of the Contract on a durable medium (e.g., pdf file format, to be enclosed within the email communicating the conclusion of the Contract).
4.6 If the charge of the Fee is uncompleted due to the expiration of the chosen Payment Method, unavailability of funds or any other reason, the Company may suspend the Customer's access to the Services until the amount due has been successfully charged using a valid Payment Method. The Customer is responsible of all amounts still uncollected.
In case of suspension of access to the Service caused by failure or uncompleted collection, the Customer’s Account will remain disabled for a maximum consecutive period of 2 (two) months from the failed collection date; after 2 (two) months run out without successful collection, the Customer's Account and all related data will be permanently deleted without further notice, resulting in Contract termination.
4.7 By reason of the intrinsic dynamics and configurations of particular software and/or functional components implemented by current technology for downloading the App, the Customer acknowledges that, without prejudice to the specific withdrawal right as specified in the following points, payments once processed are not refundable, neither partially nor fully; therefore, in no way refunds or credits will be accorded for partially used subscription periods.

5. - Duration of the Contract and auto-renewal - Termination

5.1 The provision of the Services and the right to use the App are granted to the Customer only for the duration of the Contract.
5.2 Excluding the trial period provided in the above art. 4.1, the Service spans one year from the moment the Subscription regulated under art. 4.2 is purchased. At the expiration, the Service, the Contract, and the Subscription will automatically renew for subsequent periods of one year each, unless the Customer communicates their Contract termination following the procedures set forth in art. 13 or through the specific function accessible from their Account settings; the termination can be executed at any time, at least 7 days before the expiration of the Contract.
5.3 Consequent to termination, the automatic renewal of the Subscription, Contract, and Services immediately stops, and the Customer will retain access to the App and their Account until the end of the term corresponding to their regular payment, period through which these General Conditions continuously endure.

6. – Immediate Service Provision – Exclusion of the Customer's right of withdrawal

6.1 By accepting these General Conditions, the Customer explicitly requests the immediate provision of the Services, thereby acknowledging the loss of their withdrawal right under articles 52 et seq. of the Consumer Code.

7. - Contract Termination

7.1 The Company may terminate the Contract pursuant to and for the purposes of art. 1456 of the Civil Code by addressing a written communication to the Customer's email address confirming its intention of invoking this provision, provided taking place of at least one of the following occurrences:
(i) total or partial non-payment or delayed payment of the Fee concerning art. 4 of the General Conditions;
(ii) violation even single of obligations disciplined by art. 2 (Use of the App) of the General Conditions;
(iii) violation even of a single rule among those regulated inside art. 9 (Industrial Property Rights) of the General Conditions.
7.2 Whenever the Contract gets terminated resulting from the Customer's inadempiment, the Company handles no obligation to refund the unconsumed portion of the paid Fee.
7.3 As the Contract reaches its expiration, cessation, dissolution, or termination for whatever cause, the Company stops supplying all Services originally delivered to perform the Contract (including supply of Updates and Maintenance Operations) and the Account becomes disabled.
7.4 When 14 days have passed from Contract's final expiration, cessation, dissolution, or termination whatsoever the cause, all information and data registered by the Primary User within their Account or anyhow entered in the App will get permanently erased.

8. - Unilateral Contract modifications

8.1 The Company can modify these General Conditions and the Contract exclusively in following cases:

• a) to conform to statutory or regulatory changes;
• b) to adopt necessary improvements concerning the safety and/or functionality and/or compliance of the App or Services;
• c) to adequate the App and/or the Services to intervening technical needs that render impossible to maintain unaltered the Contract's contents;
• d) to introduce new functions or alter prevailing ones, acknowledging such changes do not imply a significant reduction of the essential functionalities of the Services.

9. - Industrial Property Rights

9.1 The Customer acknowledges and establishes considering the Company maintaining exclusiveness over, or anyhow acquiring legitimated disposal referencing every specific IP Right regarding or concerning App, Services together with relative Updates and Maintenance interventions – discounting likely third-parties software components - further accepting avoiding attributing implicit IP Rights yielding associated with Contract subscription and/or service delivery scenarios.
9.2 The Contract awards no authorization covering the source code behind the App, enduring independently exclusively owned/managed recognizing solely Company.
9.3 Customer actively recognizes comprehensive Contents plus corresponding structural IP Rights abiding completely exclusively properties relating Company and/or matching stakeholders, prohibiting conveying whatsoever correlated permission targeting Customer relative scenarios referenced beforehand.
9.4 Standing previous rules, the Customer accepts exploiting App staying bounded only satisfying required enjoyment covering Services compliant regarding General Conditions holding merely during Contact lifespan.
9.5 Whole Distinctive Signs establish strictly owned by Company avoiding any prospective assignment transferring towards Customer rights validating execution Contract operations.
9.6 The Customer obligates dismissing acquisition/registration/utilization covering keywords relating web search engines and/or pay-per-click engines (including Google Ads), trade marks, respective correspondence addresses, social channels identifications, along web domains (incorporating optionally, leading-level dominions, subdomains, internal page URLs) referencing internally Distinctive Signs equivalent configurations prompting possible conceptual overlays against actual Distinctive Signs.

10. – Compliance Warranty

10.1 Company guarantees referencing whole Contract duration Service perfectly mimicking given description provided along General Conditions capturing requested Updates and Maintenance interventions enabling correct implementation honoring functionality, protection parameters alongside regulatory compliance.
Company promises active availability supporting corresponding Service throughout Subscription validity timeframe.
10.2 Customer learns the App collectively with relative Services match standard legal warranty conformity provisions addressed according articles 135-septies onwards Consumer Code regulation.
This specific assurance grants structural safeguard whenever App including individual implementations don't parallel Contract expectations avoiding expected operations lacking functional operability alongside avoiding expected implementations surrounding Updates coupled with Security interventions meant consolidating App compliance conforming normative expectations bounding Company assignments.
Finding corresponding compliance flaw provides Customer standard execution right commanding restoration conformity covering App averting supplementary charges; happening impossibility covering such demand and/or revealing excessive onerous profiles entitles directly Customer reduction matching Subscription proportion optionally activating alternative Contract withdrawal procedure regulating compliance current legislative framework.
Legal warranty operates considering corresponding duration established inside Consumer Code dodging restrictive mitigations avoiding exclusion criteria.

11. - Limitations on Company's Liability and Customer's Obligations

11.1 The Customer acknowledges realizing besides deliberate wrong/major fault, Company remains exempted averting indemnifications mitigating direct responsibilities linking Customer and/or potential Beneficiaries referencing whatsoever damage consequence adopting implementing App avoiding alternative Services non-usage implementations.
11.2 Customer burdens adopting all functional schemes securing defense preventing cyber-attacks avoiding unsolicited third-party intrusive accesses tampering original App layouts targeting directly Account, comprehensive Beneficiaries' Panel alongside related informational configurations.
Company keeps full immunity confronting potential implications resolving direct/indirect damages corresponding costs incorporating respective depreciations striking Customer together with Beneficiaries hitting third-party segments linking cyber-attacks preventing unauthorized incursions compromising App logic exposing parallel implementations concerning Beneficiaries’ Panel avoiding systematic exposures connecting App framework.
The Company sustains absence answering consequences originating through:

• a) anomalous deployment covering App operations concerning Customer implementations;
• b) failing observance concerning functional directives granted relying on Company guidance;
• c) missed implementations connecting routine Updates;
• d) anomalies directly associated covering internet structures concerning respective device ecosystems alongside connectivity infrastructures managed natively handling Customer;
• e) external force majeure configurations preventing foreseeable control exploiting common diligence applications.

12. – Privacy

Triggering initial App downloads embracing correlated Services implies Customer acknowledging conforming obligations handling Privacy Policy, independently accessible, [to be inserted link covering specific documentation] detailing Company implementations governing gathering procedures tracking utilization validating sharing options affecting distinct information. The document actively explores independent management options supporting direct governance covering specified details.
Customer validates comprehensive examination regarding specific details linking documentation exploring systematic elaborations compiled directly handled by Company, respecting purposes formulated inside art. 13 connecting 14 GDPR regulations, globally accessible right here. [to be inserted link connecting relative explicit disclosure]

13. – Communications

13.1 Customer identifies confirms validations associating completely communications reaching Customer handling explicitly structured emails referencing designated email addresses identifying current Account mappings resulting Customer assuming relative obligation routinely monitoring related registered mailboxes.
The Customer manages parallelly explicit validation validating current operational validity regarding related designated addresses monitoring reception dispatching potential messages.
13.2 Customer validates explicitly understanding specific communication channels originating targeting Company maintaining General Conditions expectations routinely routed emails tracking destination customercare@protecto.digital.

14. - Information pursuant to art. 49 of Legislative Decree 206/2005 ("Consumer Code").

14.1 The Customer, in accordance with Legislative Decree 206/2005 (so-called "Consumer Code"), acknowledges that:

• a) the Services provided matching Company logic incorporate providing Customer comprehensive probabilities covering active downloading processes accessing App simultaneously establishing unique personal Account structure facilitating respective insertion handling independent archives securing effectively precise items correlating properties distinct assets integrating relative option targeting selected Beneficiaries facilitating distinct data retrievals;
• b) the Services definitively operate backed exclusively acknowledging company Protecto s.r.l.;
• c) the Company holds legal establishment reaching Dogana (RSM), Via Cesare Cantù n. 104, CF: SM31184, validly registered connecting explicit Republic San Marino Corporate configurations holding index nr. 9748; official Company mailbox identifies explicitly welcome@protecto.digital coordinating parallel calling references targeting +39 3316622010;
• d) Customer maintains probability coordinating respective claims aiming directly contacting Company addressing information requests checking Services operations managing internal contact selections labeled “Contact US” structured natively targeting specific App locations mapping website structures referring precise link configurations: https://protecto.digital/support-request/contact-us-view/ associating corresponding direct electronic correspondence targeting info@protecto.digital; furthermore facilitating tracking explicit digital assistant configurations answering common evaluations navigating WhatsApp platforms referring +39 331 6622010;
• e) precise computing mechanisms structuring comprehensive generic pricing regulating Services covering respective transactions comprehensively delineated finding references Article 4 establishing current General Conditions;
• f) Company engages exclusively initiating structural implementations handling respective Services checking starting timings precisely matching Customer Contract acceptance creating unique Accounts structures;
• g) fundamental guidelines validating explicit timelines mapping mechanisms operating targeted withdrawal operations distinctly regulated checking precise references tracking art. 6 including subsequent art. 8.3-8.4 covering structured General Conditions parameters;
• h) distinct mnemonic indicator referencing current explicit legal warranty compliance parameters structuring distinct technological delivery regulated exploring legislative articles ranging 135-septies continuing inside relative Consumer Code documentation establishing functional locations mapping exactly defined structures coordinating internally art. 10.2 evaluating referenced rules;
• i) current Contract establishes standard automated renewal; parallel parameters identifying structural resolutions referencing withdrawal guidelines explicitly map checking exact regulations associating article 6 alongside parallel frameworks referring article 8.3 standard operations;
• l) specific potential claims initiated tracking direct Customer demands regularly approach handling maximum celerity addressing comprehensively Company evaluations managing standard procedural timings mapping strictly distinct two-week maximum horizons targeting successful resolutions validating ideal matching provisions.

15. - Applicable Law and Jurisdiction

Current General Conditions combined operating framework handling Contract effectively regulate addressing universally Italian Law standards.
Approaching potential emerging disputes exclusively tying respective App performances validating structured Services covering comprehensive normative General Conditions coordinating parallel distinct elaborations defining precise resolutions determining structural parameters evaluating standard exclusively targeted respective competence locating Courts referencing Customer residence addressing comparable locations whenever matching European Union borders limits. Exploring differing locations, exclusively targeting corresponding Italian judges tracking definitive references determining territorial assignments locating Tribunals effectively operating Padua structures.

16. – Applicability regarding General Conditions targeting specific Beneficiaries.

Executing explicit interactions checking targeted boxes handling downloading procedures mapping distinct App operations extends Beneficiaries recognizing comprehensive corresponding definitions tracking General Conditions claiming explicitly corresponding readings confirming equivalent constraints addressing explicit parallel rules.
The present General Conditions explicitly cover parallelly extending valid integrations evaluating relative Beneficiaries scenarios acknowledging specific compatibility frameworks.
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Pursuant explicitly conforming legislative parameters matching specific articles regulating 1341 combined handling 1342 addressing structural Civil Code implementations acknowledging alongside corresponding definitions identifying 33 mapping 34 matching distinct Consumer Code regulations, the Customer openly declares structured confirmation accepting specific contractual parameters tracking following explicit definitions regulating specific clauses: 2.5 (indemnity), 3.2 (limitations concerning Company liability), 3.3 (waiver regarding prospective claim advancements targeting Company), 4.2 (Contract automatic renewal mechanisms), 4.6 (Service suspension references), 4.7 (missed Fee refunds limits), 7 (termination frameworks), 8 (unilateral Contract modification evaluations), 11 (structured limitations concerning overall Company liabilities incorporating relative Customer obligations bounds)