Sendapp collects some Personal Data from its Users.
Personal data collected for the following purposes and using the following services:
Contact the user
Mailing list or newsletter
Personal Data: email; first name; telephone number
Manage contacts and send messages
Personal Data: Cookies; Usage data; e-mail
Personal Data: Cookies; Usage data; telephone number
Management of activity data
Activity data tracked by your device
Personal Data: general activity data
Heat mapping and session recording
Interaction with external social networks and platforms
Like button and Facebook social widgets, Tweet button and Twitter social widgets and +1 button and Google+ social widgets
Personal Data: Cookies; Usage data
Google Analytics with anonymized IP, Google Analytics, Google Tag Manager and MixPanel
Personal Data: Cookies; Usage data
Facebook Analytics for Apps
Further information on Personal Data
By downloading the Software Demo, Purchasing it or Clicking the WhatsApp Button, you will be RE-ADMITTED TO WHATSAPP, in a Private Conversation with our account. By continuing to chat, you accept the Privacy Terms and authorize the processing of your personal data pursuant to the EUROPEAN PRIVACY REGULATION 679/2016 AND THE ITALIAN REGULATIONS INTO FORCE.
International SPC srl, is the developer and owner of the exclusive right to use the SendApp digital publishing platform ("Company" and "Platform"), which allows the distribution of digital content to end customers via messaging platforms (such as WhatsApp).
SendApp is not connected to WhatsApp (WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, California, 94041, USA) or any other messaging platform company.
There are no particular contractual relationships between SendApp and messaging platforms relating to the provision of services by SendApp to its customers.
SendApp requires messaging platform services to deliver its services to customers.
Therefore, changes by these messaging platforms could affect SendApp services. SendApp has no influence on the provision of services by messaging platforms or their technical configuration.
This means that a situation may arise where SendApp is able to provide its services to its customers only to a limited extent or not at all. In such circumstances, SendApp has an exceptional right of withdrawal.
SendApp is a Software for Win and MAC defined STAND ALONE, All data will be stored exclusively on the computer in use without ever being transmitted or reachable by our (and / or third parties) Server or other online systems, SendApp has therefore no access and / or liability of any kind on your data.
1. APPLICATION RANGE; NO USE FOR INDIVIDUAL CONSUMERS
1.1 These general terms and conditions ("terms and conditions") apply to all contracts entered into between SendApp and its customers ("customers") regarding the use of the platform ("use contract").
1.2 The application of the terms and conditions of a customer is excluded. The terms and conditions of a deviant, opposite or complementary customer will be incorporated into the contract only if expressly approved in writing by SendApp. This approval requirement applies in each case, including, for example, when SendApp, in full awareness of the customer's terms and conditions, unconditionally accepts payment from that customer.
1.3 SendApp makes this platform available only to these terms and conditions to customers who are not individual consumers. The use of the platform is therefore not permitted if neither a commercial trade nor an independent professional activity can be attributed to a client.
1.4 The agreed scope of use of the platform, including the agreed additional services, the start of the duration of the ongoing activities, the payment and any other applicable service, will be established through the booking of a self-service offer through our site web or through a separate order form concluded with the customer for each publication.
1.5 To the extent that the clauses of the order form conflict with particular clauses of these terms and conditions, the clauses of the order form take precedence.
2. FUNCTIONALITY OF THE PLATFORM
2.1 The client is able to configure and administer digital multimedia content ("multimedia content") for use on smartphones and tablets (together: "devices") via the platform.
2.2 The customer is able to digitally distribute existing multimedia content as individual messages to end clients.
2.3 SendApp provides the platform to the customer as a technical infrastructure. SendApp will not provide its own content.
2.4 SendApp provides the platform on the SendApp server for use on the access point of the data processing service center ("service transit station"). To use the platform, the customer must have his own access to the Internet and then access the connection to the service.
2.5 The platform is available 99% of the time. The availability indicates, in relation to the unlimited duration of the contract, the relationship between the period in which the customer was able to access the platform with an existing Internet connection (including the period in which access was not available due to works by scheduled maintenance or due to accidents over which SendApp has no control) for the duration of the entire first year of the contract.
2.6 SendApp uses the messaging platform service like WhatsApp but has no influence on their technical and contractual configuration or on the scope of the services provided by these messaging platforms. The messaging platforms can at any time modify or even terminate their scope of services which can therefore impede SendApp operations.
2.7 It is agreed between the parties that service restrictions, caused by modifications on part of the messaging platforms, may involve the modification of services or the termination of these by SendApp. SendApp has an exceptional right to terminate in this particular case. Upon completion, SendApp will be released from its contractual obligation to the customer.
2.8 The corresponding communication with the recipients is the responsibility of the customer and not of SendApp. This also applies to other messaging platforms.
2.9 All other features and system requirements of the platform derive from the specifications of the services or from the current status of the self-service interface valid at the time of stipulation of the contract or order.
3. RIGHT OF USE OF THE PLATFORM
3.1 SendApp offers its customers a geographical, unlimited, non-exclusive and non-transferable right to use the platform exclusively for the fulfillment of the purpose of the respective user contract. The right of use ceases to exist after the contract expires.
3.2 The customer is not authorized (i) to rent, rent, loan, reproduce, resell the platform or access to it or distribute it or otherwise transmit it via the Internet or any other public or private data network; (ii) use the platform to develop other activities; (iii) activate and use the features of the platform of which the customer has not suffered the rights of use; (iv) transmit to third parties the right to use the platform or allow access to the platform by third parties; (v) modify, translate, duplicate, decompile or investigate the functions of the source code of the platform;
4. SUPPORT SERVICES
4.1 SendApp provides some free support services to its customers.
4.2 Other support services, requested by the customer, will be billed by SendApp to the customer based on time and material. These include special consulting and technical services. The customer will be informed and his written consent obtained before these costs are incurred.
5.1 The payment of the services takes place on the basis of the currently valid prices and order forms of SendApp. SendApp accepts payment details, which appear in the individual customer's SendApp account.
5.2 SendApp can change its prices in each case with the subsequent extension of the contract. the price increase will be effective for the next contract extension.
5.3 Invoicing will be performed electronically, unless otherwise specified. The invoice will be sent via the SendApp login to the customer.
5.4 Payments must be made in advance.
5.5 All payments agreed are net amounts and VAT, if applicable, will be added to the statutory rate.
5.6 A counterclaim by the customer or the withholding of advances due to such credits is valid only to the extent that the counterclaims are undisputed or established as definitive and absolute.
5.7 The client's legal claims remain unaffected if they are invoked after the 4-week period has expired.
5.8 The application of the right of retention and the right to refuse the services remain reserved.
6. OBLIGATION OF THE CLIENT TO COLLABORATE; LICENSE; THIRD PARTY RIGHTS
6.1 The customer grants SendApp the non-exclusive, non-permanent and geographically limited right to duplicate, modify, transmit and, if applicable, any other use of the multimedia contents only to the extent that this is necessary to fulfill SendApp's contractual obligations.
6.2 The customer agrees to be mentioned as a reference customer by SendApp.
6.3 The customer guarantees (i) that he / she is the owner of all the rights relating to the multimedia contents in order to grant SendApp the rights specified above, (ii) that the customer has the right to freely dispose of these and (iii) that the content multimedia is not burdened by third-party rights.
6.4 The customer agrees that while using the platform you do not save the SendApp servers and / or request SendApp to save illegal content or content that violates the law or the requirements and license orders, in particular the contents that support the violence , is unconstitutional or pornographic.
6.5 Notwithstanding other rights, the customer must indemnify SendApp in relation to any liability towards third parties, including reasonable legal fees if the customer violates the previous warranties and commitments set forth in this clause 6., provided that SendApp informs the customer of any third party claim.
6.6 SendApp also has the right to delete content that does not comply with clauses 6.1, 6.3 or 6.4 if the customer refuses to delete them even after it has been requested to do so.
6.7 The customer is aware that SendApp does not generate a separate backup copy of the multimedia content and will delete the multimedia content in accordance with clause 6.5 and, after the expiration of the duration of the contract, in accordance with clause 10.6. The customer is responsible for independently creating backup copies of the multimedia content.
7.1 Regarding the defects of the platform, the Italian civil code is generally applied. Liability regardless of negligence or negligence is excluded for initial defects. Liability for SendApp's fault is not excluded. In establishing liability, the customer acknowledges that the software cannot be created completely error-free.
7.2 The correction of defects occurs at the discretion of SendApp or through the correction of the defect without charge or replacement.
7.3 Cancellation of a customer for reasons of refusal to grant contractual use is permitted only if SendApp has had sufficient opportunity to rectify the defect and has failed to do so.
7.4 SendApp does not guarantee access to the Internet by the customer or its end customer, in particular the availability and size of Internet access. The customer himself is responsible for accessing the Internet when the service is transferred.
8.1 In the event of violations of significant contractual obligations caused by negligence, SendApp's liability is limited to reasonably foreseeable contractual damages. Material contractual obligations are those duties, the completion of which, first of all, allows the correct execution of a contract and on whose compliance the parts of a contract can generally rely.
8.2 Liability under the product liability law remains unaffected.
8.3 Except as specified in these terms and conditions, any liability of SendApp is excluded.
8.4 The statutory limitation period for claims for damages to customers against SendApp is one year.
9. PROTECTION OF DATA PRIVACY
9.1 SendApp expressly indicates to the customer that the protection of data privacy and data security for data transmission cannot be guaranteed in the current state of technology in open networks such as the Internet. SendApp has taken all technical and organizational measures in accordance with the law in order to protect all personal data saved by SendApp from abuse and unauthorized access. However, especially through the transmission of data over the Internet, third parties are outside the scope of SendApp's responsibilities and may have the ability to monitor unauthorized communication traffic.
9.2 The customer is responsible for safeguarding the end customer's use in accordance with SendApp's privacy.
10. DURATION OF THE CONTRACT; TERMINATION OF ACCESS
10.1 The customer is authorized to use the platform for the duration of the contract. The duration of the contract begins with the assignment date.
10.2 Unless otherwise agreed, the minimum contract term is one year. The license agreement is automatically renewed for another year after termination of the minimum contract term. The right of withdrawal without notice as expressly permitted in these terms and conditions remains unaffected.
10.3 SendApp has the right to terminate without notice due in particular in the following cases: (i) the customer becomes insolvent or over-debited; (ii) a petition is presented to open a procedure for the insolvency of the client's assets, or (iii) the client is in default with the payment of an agreed amount or a significant part thereof within two consecutive months or, for a period of over two months, it is in default with the payment of the contractual amount of an amount equivalent to two payments in consecutive months.
10.4 After the termination of the contract, the customer is not able to access the platform and the multimedia content - subject to an extension of the contract or the re-closing of a usage contract - and the multimedia content will be removed from the platform by SendApp. The multimedia content, which was saved on the platform by the customer, together with all the personal data of which the customer is the data controller, will be deleted by SendApp a month after the termination of the contract.
11.1 The parties are required not to make confidential information accessible to third parties during and for a period of two years from the conclusion of the contract and not to use confidential information for purposes that do not meet the purpose of the contract. agreement. Regarding confidentiality are (i) all information relating to the payment agreed between the parties, (ii) all information regarding the duration of the contract, (iii) all technical information and the know-how that has been made accessible to the customer, as well as (iv) any other information, which has been marked as confidential by a party of one of the parties or can, due to its content, be reasonably regarded as confidential.
11.2 Confidentiality obligations do not refer to information, which has been publicly announced or which has been known by both parties in the open, or which must be made accessible to third parties due to legal, judicial or governmental regulations.
12. MODIFICATIONS OF TERMS AND CONDITIONS
12.1 SendApp reserves the right to modify the services provided, as well as the terms and conditions to the extent that the necessary changes are necessary to view the changes, which were not predictable at the time of the order and whose non-compliance would affect the balance contractual between SendApp and the customer, especially to the extent that SendApp (i) is obliged to establish a consensus between the service and the applicable law, especially in the event of changes to the actual legal status; and / or (ii) therefore in accordance with a verdict or final judgment of the authorities against SendApp, and / or (iii) must adapt the platform due to mandatory technical requests on part of SendApp or other messenger.
12.2 At no time will there be a limitation on the fulfillment of the main contractual obligations on part of SendApp during the modification of the service.
12.3 For all other cases with respect to clause 12.1, SendApp will inform the customer in advance about changes to the terms and conditions. Unless the customer disputes the validity of such changes within four weeks of receiving notification of the changes, the change will be considered accepted with effect for the future. If the customer disputes the changes, SendApp has the right to terminate the contractual relationship. In its notification, SendApp will draw the customer's attention to the effect of silence and the right of withdrawal.
12.4 Any change concerning the subject of the contract and the main liabilities, which would lead to a modification of the overall contract, is completely excluded from the right of modification referred to in point 12.3. In such cases, SendApp informs the customer of the planned changes and offers a continuation of the contractual relationship in accordance with the modified conditions.
13.1 The agreements agreed between the parties, as well as these terms and conditions are subject to the substantive law of the Italian Republic, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and Private International Law.
13.2 The exclusive jurisdiction is Naples, Italy.
13.3 In the event of present or planned invalidity of one or more of these terms and conditions, the validity of the other provisions will not be affected.
13.4 Any modification of the agreements concluded between the parties and the derivation and / or modification of the conditions of use must be in writing.
13.5 The Customer cannot, without the prior written approval of SendApp, permanently or temporarily transfer rights and duties of the contract of use to third parties.
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