Terms and Conditions of Service
Last updated on December 24, 2025
PART I – GENERAL TERMS AND CONDITIONS
1. Preamble and Parties
These Terms and Conditions of Service (hereinafter, the “Terms”) govern the use of the “Gestionale Smarty” software application, provided as Software as a Service (SaaS).
Provider
ECHO SOFTWARE di Tommaso De Luca, Via E. Flaiano 6, 65012 Cepagatti (PE), Italy
Tax Code: DLCTMS87A17G141D – VAT: 02439500691
PEC: echosoftware@pec.it – Email: info@echosoftware.it
Customer
The entity, individual or legal person, holding a VAT number, who uses the Service within their business or professional activity.
The Service is reserved exclusively for B2B Customers. The Consumer Code does not apply.
2. Subject of the Agreement
2.1 The Provider grants the Customer a non-exclusive, non-transferable, time-limited right to use the “Gestionale Smarty” Application.
2.2 Features, usage limits, economic conditions, and duration are those indicated on the Site pages dedicated to versions and pricing, in force at the time of activation.
3. Conclusion of the Agreement
3.1 The Agreement is finalized through registration, acceptance of these Terms, and confirmation of Service activation.
3.2 Use of the Service constitutes full acceptance of the Terms.
4. Account and Credentials
4.1 The Customer is responsible for the data provided and their accuracy.
4.2 Access credentials are personal and confidential. Any use made through the Customer’s account is attributable to them.
5. License of Use and Intellectual Property
5.1 The Application, source codes, documentation, and all exploitation rights remain the exclusive property of the Provider.
5.2 It is prohibited to copy, modify, decompile, grant sublicenses, or use the Service in violation of the law.
6. Method of Delivery
6.1 The Service is provided through cloud infrastructure located in the European Union, including through qualified third-party providers.
6.2 The Customer acknowledges that the Service is subject to technical evolution.
7. Service Levels
Service levels are governed by Annex A – Service Level Agreement (SLA).
8. Fees and Payments
8.1 The Service is provided for an annual fee, payable in advance in a single payment.
8.2 Except for the Provider’s withdrawal, fees paid are non-refundable, even in case of early termination by the Customer.
8.3 Non-payment authorizes suspension of the Service.
9. Processing of Personal Data
9.1 For data processed on behalf of the Customer, the Provider acts as Data Processor pursuant to Article 28 GDPR.
9.2 Processing is governed by Annex B – Data Processing Agreement (DPA).
10. Return and Deletion of Data
10.1 Upon termination of the Agreement, the Customer may export their data.
10.2 After 90 days, data will be deleted except as required by law.
11. Service Suspension
The Provider may suspend the Service in case of contractual violations, unlawful use, security requirements, or non-payment.
12. Liability
12.1 The Service is provided “as is”.
12.2 Except for willful misconduct or gross negligence, the Provider’s liability shall not exceed the amount paid by the Customer in the preceding 12 months.
13. Duration, Withdrawal, and Termination
13.1 The Agreement has an annual duration.
13.2 The Customer may choose not to renew at expiration.
13.3 The Provider may withdraw with 30 days’ notice, refunding the unused period.
13.4 The Agreement is terminated by right pursuant to Article 1456 of the Italian Civil Code in case of serious breach.
14. Modifications to the Terms
Detrimental modifications give the Customer the right to withdraw without penalties.
15. Applicable Law and Jurisdiction
The Agreement is governed by Italian law. Exclusive jurisdiction: Pescara.
16. Final Provisions
The Agreement constitutes the sole agreement between the Parties.
PART II – ANNEX A: SERVICE LEVEL AGREEMENT (SLA)
1. Subject
This SLA governs the Service availability levels.
2. Availability
The Provider undertakes to guarantee Service availability of 99% on a monthly basis, with an obligation of means.
3. Exclusions
Excluded are:
- scheduled maintenance;
- force majeure events;
- problems attributable to the Customer or third parties;
- contractual suspensions.
4. Remedies
In case of SLA non-compliance, the Provider commits to priority restoration of the Service.
No refunds, penalties, or automatic compensation are due.
5. Exclusivity
SLA remedies are the sole remedies relating to service levels, except for willful misconduct or gross negligence.
PART III – ANNEX B: DATA PROCESSING AGREEMENT (DPA)
(Article 28 GDPR)
1. Roles
Customer: Data Controller
Provider: Data Processor
2. Subject and Purpose
The Processor processes data exclusively to provide the Service.
3. Types of Data
Personal data, operational data, application logs, and other data entered by the Customer.
4. Security
The Processor adopts adequate technical and organizational measures.
5. Sub-processors
The Customer authorizes the use of EU cloud providers bound by equivalent obligations.
6. Data Breach
The Processor shall notify any breach without undue delay.
7. Termination
Data is deleted within 90 days of termination.
8. Audit
The Customer may request documentary verifications.
PART IV – PRIVACY
The processing of data for which the Provider is Controller is governed by the Privacy Policy, available on the Site.
SPECIFIC APPROVAL pursuant to Articles 1341 and 1342 of the Italian Civil Code
The Customer expressly approves the clauses referred to in articles: 4, 5, 7, 8, 10, 11, 12, 13, 14, and 15.
For questions or clarifications regarding these Terms and Conditions, please contact: info@echosoftware.it