Termini e Condizioni

TERMS AND CONDITIONS OF USE OF THE SERVICE — SayPhant Version 1.0 — effective from 5 October 2026 Access to and use of the "SayPhant" application (hereinafter the "App" or the "Service") are conditional on reading and fully accepting these Terms and Conditions of Use (hereinafter the "Terms"). By registering an account or using the App, the user (hereinafter the "User") declares that they have read, understood and accepted the Terms in their entirety, together with the Privacy Policy, which forms an integral part of this agreement. If the User does not intend to accept the Terms, even partially, they must refrain from using the Service. 1. SERVICE PROVIDER AND DEFINITIONS The Service is provided by Stefano Gabriele Tagliabue (hereinafter the "Provider"), who can be contacted at the email address sayphant.com@gmail.com and the certified email (PEC) tagliabue.stefano82@pec.it. For the purposes of these Terms: "User Content" means any data, text, document, image, audio recording or other information uploaded, entered or transmitted by the User via the App; "AI Features" means the functionalities based on artificial intelligence systems, including voice dictation, transcription, optical document analysis (OCR), conversational assistant and automatic data extraction; "Stores" means the application distribution platforms Google Play Store and Apple App Store, managed independently by their respective owners. 2. SUBJECT OF THE SERVICE SayPhant is a personal organisation application that allows the management of events, reminders, deadlines, notes and documents, including AI Features. The assistant is an artificial intelligence system and not a human being; interactions with it do not constitute communication with a human operator. The Service is provided as an auxiliary tool for the User's personal organisation and in no case replaces autonomous verification of information or professional advice. 3. REQUIREMENTS, ACCOUNT AND MINIMUM AGE Use of the Service is reserved to persons who are at least 14 (fourteen) years old. At registration the User declares their age and the system verifies it on the basis of the declaration made; the Provider has no means of ascertaining the actual truthfulness of the declaration and is not liable for false declarations. Where the law of the State of residence sets a higher age for digital consent, use is conditional on the authorisation of the person holding parental responsibility, whose duty of supervision remains. If the Provider becomes aware of an account that does not meet the age requirement, it will order its suspension and the deletion of the associated data. The User is responsible for the confidentiality of their login credentials and for every activity carried out through their account, and undertakes to promptly notify the Provider of any unauthorised use. 4. PLANS, TRIAL PERIOD AND PREMIUM FEATURES Whoever gives the consent referred to in the following paragraph (at registration or later in Settings) is entitled to a free trial of the Premium features lasting 90 (ninety) days from the date of consent, subject to changes notified in advance. At the end of the trial the User may continue with the free plan ("Free"), which involves no charges and allows use of the manual diary features, or activate the Premium subscription via the Stores. The AI Features are reserved to the Premium plan and the trial period and are subject to the User's specific consent to the processing of any special categories of data, which may be freely refused and withdrawn at any time via Settings → AI Features, without prejudice to the retention of the account and the manual features. 5. PAYMENTS AND STORES Purchases of subscriptions take place exclusively through the Stores, which handle collection of the price (applying their own commissions and the taxes due), invoicing and refunds under their respective terms. The Provider does not process the User's payment details and does not directly receive the sums paid, which are net of commissions and taxes. Any request for a refund, cancellation or dispute relating to the payment is governed by the terms of the Store where the purchase was made and must be addressed to it. The mandatory rights granted by law to consumers remain unaffected, including the right of withdrawal referred to in section 13. 6. "INVITE A FRIEND" PROGRAMME The programme grants the inviter free Premium periods and the invitee additional trial days, according to the criteria shown in the App, upon the invitee's registration using the personal code. Only people actually known and reasonably interested in the Service may be invited; mass or indiscriminate mailings, the use of purchased contact lists, the creation of fake accounts and any form of abuse of the programme are prohibited. In case of abuse the Provider, with a reasoned communication to the User, may suspend the invitation code and cancel bonuses not yet accrued, without this giving rise to any compensation. 7. USER CONTENT 7.1 Ownership. User Content remains the User's exclusive property. The User grants the Provider only the technical, non-exclusive and free licence necessary for the provision of the Service (storage, encryption, processing via AI Features, indexing for search purposes and generation of reminders). 7.2 Exclusive responsibility of the User. The User is the sole party responsible for the content uploaded, created or transmitted via the Service. The Provider carries out no preventive checks on User Content and is not liable for content that is illegal, incorrect, misleading, defamatory or otherwise uploaded without entitlement. It is understood that the Provider, upon becoming aware — through reports by third parties or the authorities — of illegal content, may remove it and, in the most serious cases, suspend or close the account. 7.3 Third-party content. The User may upload content relating to third parties (family members, doctors, clients) only where entitled to do so and, where required, having obtained the consent of the data subject, assuming all consequent responsibility and holding the Provider harmless from any third-party claims. 7.4 Indemnity. The User is liable for the Content they upload in breach of the law or of third-party rights and, within the limits permitted by law and without prejudice to the mandatory rights of consumers, indemnifies the Provider against third-party claims arising therefrom. 7.5 Reports and complaints. Anyone who considers content illegal may report it to sayphant.com@gmail.com stating the reasons for the report; the Provider assesses the report without undue delay. In the event of suspension of the account or removal of content, the Provider communicates the reasons to the User, who may contest them by writing to the same address. 8. PERMITTED USE AND PROHIBITIONS The User is prohibited, by way of example and not exhaustively, from: a) using the Service for unlawful purposes or in breach of mandatory rules, or to organise, plan or facilitate activities contrary to the law; b) uploading content that is illegal, harmful to third-party rights, child sexual abuse material, defamatory or inciting hatred; c) attempting unauthorised access to systems, networks or data of others, or performing intrusion tests, scraping or activities aimed at interfering with the operation of the Service; d) using the Service to make automated decisions having legal effects on third parties; e) selling, sharing or commercialising their account or access codes. Breach of the above constitutes serious breach and entitles the Provider to suspend or terminate the relationship pursuant to section 14. 9. INTELLECTUAL PROPERTY The App, the related source code, interfaces, trademarks, distinctive signs, texts and documentation are the exclusive property of the Provider or of the respective licensors. A personal, non-exclusive, non-transferable and revocable licence of use is granted, limited to the use of the Service in accordance with these Terms. Any unauthorised reproduction, decompilation, modification or exploitation is prohibited. 10. AI FEATURES — WARNINGS AND LIMITS 10.1 The AI Features may produce results that are erroneous, incomplete, omissive or improperly interpreted (including errors in dating, amount, optical recognition or translation of the request). The User must always check against the original documents and sources the dates, amounts, deadlines and any other relevant information — in particular in medical, legal or fiscal contexts — before relying on it. The Service does not provide medical, legal, fiscal or professional advice of any kind and does not make automated decisions producing legal effects on the User within the meaning of Art. 22 GDPR. 10.2 The AI Features may, at the User's instruction, propose the creation of events, reminders, notes and documents; they may in no case modify or delete existing content, operations which remain exclusively manual and under the User's responsibility. The User must verify the confirmation screen and the result of each proposed operation; the Provider is not liable for operations conforming to the instruction received by the system, even if different from the User's intention. 10.3 The Service does not constitute a medical device pursuant to Regulation (EU) 2017/745, nor an alert or emergency management system, nor a tool suitable for guaranteeing compliance with medical, legal or fiscal obligations; the User must not rely on it for such purposes. 10.4 The archiving of documents via the Service does not constitute legally compliant digital preservation or substitutive archiving: the stored copies have no legal, probative or certified fiscal value and do not replace the originals or the preservation obligations required by the legal system. 11. AVAILABILITY OF THE SERVICE, NOTIFICATIONS AND LIMITATION OF LIABILITY 11.1 Continuity of service. The Provider exercises the utmost diligence to guarantee the availability and security of the Service (encryption of archived files, encrypted connections, backups, recording of accesses); however, it cannot guarantee uninterrupted operation or the absence of malfunctions, interruptions or data loss attributable to technical causes, third-party service providers or events beyond its reasonable control. The User must keep an autonomous copy of important documents. 11.2 Notifications. The Service uses both reminders scheduled locally on the device (which work even without a connection) and remote push notifications from the operators (Google FCM / Apple APNs). The delivery of both depends on factors outside the Provider's control: notification permission granted by the User on the device (in its absence no reminder, not even local ones, is visible), energy-saving policies adopted by the manufacturer (it is noted, by way of example, that certain manufacturers — such as Xiaomi, Huawei, Oppo and others — limit background execution and the reception of notifications by applications), operating system updates, network connectivity and the availability of the delivery infrastructures. Failure to receive or late receipt of a reminder, for any of the above causes, does not constitute a lack of conformity of the Service; for appointments, deadlines or commitments of particular importance (work, medical, legal) the User must not rely exclusively on the App's notifications. 11.3 Content. The Provider is not liable for User Content, its lawfulness, accuracy or completeness, nor for the use that the User or third parties make of it. 11.4 Limitation. To the maximum extent permitted by applicable law, the Provider is not liable for indirect damages, loss of profit, loss of data, missed notice of deadlines or other consequential damages however arising from the use or the impossibility of using the Service. 11.5 Voluntary deletions and local copies. Deletions of content carried out voluntarily by the User are final: once the technical retention periods provided for by the Privacy Policy have elapsed, the content is no longer recoverable even at the User's request. The User also acknowledges that any copies of the content on their own device (App cache, exports, screenshots) remain under their exclusive control and cannot be deleted by the Provider. 11.6 Mandatory rights. The mandatory rights granted by law to consumers remain unaffected — including the legal guarantee of conformity of digital content and services pursuant to Italian Legislative Decree 173/2021 — as well as liability for wilful misconduct, gross negligence or personal injury. Nothing in these Terms may be interpreted in derogation of such rights. 12. FORGOTTEN PASSWORD AND DOCUMENT RECOVERY Documents are protected by cryptographic keys linked to the User's password. In the event of a password reset, previously uploaded documents may no longer be readable: for documents uploaded after the activation of the recovery key mechanism (September 2026) a restore procedure is provided, while documents uploaded before that date may be permanently unrecoverable. Protected notes are encrypted with a key derived from the User's password: in the event of loss or reset of the password their content is not recoverable, not even by the Provider. The User must diligently safeguard their password. 13. RIGHT OF WITHDRAWAL, TERMINATION AND ACCOUNT DELETION 13.1 The Free plan and the trial period involve no charges. 13.2 Where the User is a consumer, they have the right to withdraw from the paid contract concluded at a distance within 14 (fourteen) days of its conclusion, without any obligation to give reasons. Where the User has requested the immediate start of the performance, in case of withdrawal the proportional amount for the performance already rendered shall be due. The exercise of withdrawal and the return of the price take place according to the terms of the Store where the purchase was made, the Store being the collecting party; the User may also contact the Provider at the addresses indicated, provided that the return of the sums is the responsibility of the Store. 13.3 The User may delete their account at any time via Settings → Delete account: the associated data and files will be deleted as provided for in the Privacy Policy. Deleting the account does not terminate a subscription possibly active with the Store, which must be cancelled according to the Store's procedures. 14. SUSPENSION, CLOSURE AND TERMINATION OF THE SERVICE 14.1 The Provider reserves the right to suspend or close the account, with notice in the App, in the event of breach of these Terms or of unlawful use of the Service; in urgent cases (security, orders of the authorities, fraud) suspension may take place without notice. Before closure the User may request a copy of their data according to the procedures of the Privacy Policy. 14.2 Accounts that remain inactive for more than 24 (twenty-four) months may be deleted as provided for in the Privacy Policy, subject to prior notice by email at least 30 (thirty) days in advance. 14.3 The Provider reserves the right to cease, in whole or in part, the provision of the Service, giving notice in the App at least 30 (thirty) days in advance and allowing the User to export their data before termination; in that case any active subscriptions will be managed according to the Stores' terms. 15. CHANGES TO THE TERMS AND THE SERVICE The Provider may modify these Terms or features of the Service solely for valid reasons (regulatory or security adjustments, technical evolution, improvements of the Service), with notice in the App of at least 15 (fifteen) days. Where the change negatively and non-negligibly affects access to or use of the paid service, the User may withdraw free of charge within 30 (thirty) days of the communication. 16. APPLICABLE LAW AND COMPETENT COURT These Terms are governed by Italian law. Where the User is a consumer, the mandatory rights granted by the mandatory provisions of the State in which they habitually reside remain unaffected, as does the jurisdiction of the court of the User's place of residence or domicile; for consumers resident in Italy, jurisdiction is mandatory pursuant to Art. 66-bis of the Italian Consumer Code. 17. LANGUAGE These Terms and the Privacy Policy are drawn up in Italian. Any translations are provided for the User's convenience; in the event of discrepancy or divergent interpretation, the Italian text prevails. 18. FINAL PROVISIONS The possible invalidity or ineffectiveness of individual clauses does not affect the validity of the remaining ones, which shall remain fully effective. The Provider reserves the right to assign this contract to its own company or to third parties, with communication to the User. For all communications relating to these Terms: sayphant.com@gmail.com — PEC tagliabue.stefano82@pec.it.